Paid deposit for new gate but worker is not delivering on agreement

[ghworker2010]

We had a guy come and give a quote 20,000 to install an internal aluminum gate structure to be installed at the entry point of a stair case in our building. At the time they said that they needed 10k to buy the materials. We did that bank transfer. We told him we wanted it to be installed 6th May which is when we move into the building. 

 

Then the day before songkran the wife of the guy called my wife 6 times asking for a further 3000 baht. I said to her that we should get a copy of his id card and was told dont worry about it as the guy is referred by our landlord. Instead I asked to see a photo of the work in progress which he supplied. 

 

We have been calling him and his wife asking for updates and further photos and they have not sent it to us. Now they are not answering the phone. 

 

All we have is their bank acc number and evidence of the 2 deposits. 

 

If they dont do the job for us what are our rights? Is the police the only option? Are they going to be able to get the guys address via the bank account?

 

thanks

[cornishcarlos]

Just refer the police to the contract you both signed !!

[watcharacters]

10 minutes ago, cornishcarlos said:

Just refer the police to the contract you both signed !!

 

Not sure if you are jabing or sincere.     I see no reference in his post regarding a signed contract.

 

For the sake of the OP,  I hope he has one or I'd figure I just gave a gift to someone.

[lopburi3]

As said you do have a signed agreement as normal for any contract and receipt for deposit (or noted on agreement)?  

 

Edit:  reread and note "All we have is their bank acc number and evidence of the 2 deposits.".

 

Explaining to person who recommended might be first step.

[ghworker2010]

14 minutes ago, lopburi3 said:

As said you do have a signed agreement as normal for any contract and receipt for deposit (or noted on agreement)?  

 

Edit:  reread and note "All we have is their bank acc number and evidence of the 2 deposits.".

 

Explaining to person who recommended might be first step.

no contract. Just bank deposits and some evidence on LINE where he sent some photos. 

 

What can we do?

[cornishcarlos]

20 minutes ago, watcharacters said:

 I see no reference in his post regarding a signed contract.

 

Exactly... Lesson learned maybe ?? He's given 13k to a stranger....

[TerryLH]

Was the verbal agreement you had extend to calls for updates and photos?  Some people would find that annoying.

6 May is only a week away.  If your agreement wasn't for anything before that, he isn't in violation yet.

I'd agree with the comment above about talking to the person who referred you to him. 

 

[crazykopite]

A contract is not worth the paper it’s written on here in Thailand I have had an ongoing issue for 9 months with a big glass company in Bangkok and the sad thing is the CEO is a German so it’s not just Thais who fail to fulfil the work they agreed to do ?

[KittenKong]

Never pay for anything in advance in Thailand. Pay only when you have got exactly what you want in your hands.

[Dexlowe]

Hate to be blunt about this, but it sounds like you've kissed your money goodbye. There's no contract, apparently, and even if there was, it would take years to settle in court (presuming the worker is still around). And the police aren't interested as they consider it a civil matter. 

 

This has happened to a friend of mine -- his substantial amount of money was spent on gambling debts and the contractor just laughed in his face and walked away.

[csabo]

They robbed you. You are never getting it back and the police won't care. I use a contractor that I trust to work in my home and businesses and twice he subbed the job out and the subcontractor either did shit work that needed to be completely redone or they just ran off with the deposit. Both times my contractor ate the losse. My opinion is that if Thais are will to screw my Thai contractor occasionally then they would probably do it to me regularly. He gives me receipts for every purchase and is very affordable. I am well aware I found a rare gem. 

[wpsvo]

31 minutes ago, csabo said:

They robbed you. You are never getting it back and the police won't care. I use a contractor that I trust to work in my home and businesses and twice he subbed the job out and the subcontractor either did shit work that needed to be completely redone or they just ran off with the deposit. Both times my contractor ate the losse. My opinion is that if Thais are will to screw my Thai contractor occasionally then they would probably do it to me regularly. He gives me receipts for every purchase and is very affordable. I am well aware I found a rare gem. 

 

[wpsvo]

Hi, just go to City Hall to the consumer protection department... They can and will help you.

[swissbie]

1 hour ago, KittenKong said:

Never pay for anything in advance in Thailand. Pay only when you have got exactly what you want in your hands.

No. If you use ordinary craftmen/repairmen in TH usually you have to pay at least for the needed materials in advance (not for government agencies or big contractors, but they are much more expensive).

[Ks45672]

If you only paid for materials so far, have they been purchased? 

If some or all materials are at the job site 

Get someone else to erect them as you watch and pay when complete 

 

This guy maybe unreliable but at least you didn't lose a lot of money (relatively) 

[rossd]

7 minutes ago, swissbie said:

No. If you use ordinary craftmen/repairmen in TH usually you have to pay at least for the needed materials in advance (not for government agencies or big contractors, but they are much more expensive).

Whenever we have work done on our bungalow we purchase the material and pay the subbie for labour only. You should never allow your subbie to provide the materials, you will only get screwed.

[mogandave]

No. If you use ordinary craftmen/repairmen in TH usually you have to pay at least for the needed materials in advance (not for government agencies or big contractors, but they are much more expensive).

Yes, it is pretty common to put a percentage down with the order and make progress payments, with the final payment due after completion and acceptance of all work.

Many companies are capitalized such that they can’t afford the risk.

I just contracted a guy for a new roof, paint and some concrete work. I would much rather put money down than have him cut-corners on material.

[Kieran00001]

If your landlord is the referral, then go speak to your landlord and get them to take you to their yard to see if they are getting on with it.

[Kieran00001]

15 minutes ago, rossd said:

Whenever we have work done on our bungalow we purchase the material and pay the subbie for labour only. You should never allow your subbie to provide the materials, you will only get screwed.

 

Not always the case, if it weren't for one of the subbies I took on I would have paid far more for some materials, some people have good contacts and not everyone is crooked, although trusting someone does increase the chances of getting ripped off, in my case it took a little while to trust him but I was glad I did, he went out of his way to source me the best price.

[Lucky mike]

Verbal contract is worth the paper on which it is written on !

[snowgard]

On 29.4.2018 at 10:23 AM, cornishcarlos said:

Just refer the police to the contract you both signed !!

The police don't want do something because it is a private case in their eyes.

 

Go to the consumer protection board. They will connect the company and maybe bring the case to the police /court.

[mihalis]

3 hours ago, KittenKong said:

Never pay for anything in advance in Thailand. Pay only when you have got exactly what you want in your hands.

In Thailand ! This happens all over the world not just Thailand !!!!

[jippytum]

You have photos of work in progress and the recommended  installer still has six days to complete the contract .Maybe he is tired of your panic  and hassle before the contract date. 

[Tofer]

4 hours ago, KittenKong said:

Never pay for anything in advance in Thailand. Pay only when you have got exactly what you want in your hands.

I'm guessing you've never had any building or maintenance work done in Thailand, or anywhere else for that matter, judging by your comment...

[Acemaker]

3 hours ago, Dexlowe said:

Hate to be blunt about this, but it sounds like you've kissed your money goodbye. There's no contract, apparently, and even if there was, it would take years to settle in court (presuming the worker is still around). And the police aren't interested as they consider it a civil matter. 

 

This has happened to a friend of mine -- his substantial amount of money was spent on gambling debts and the contractor just laughed in his face and walked away.

I would have dressed up as a Ladyboy one Night and thrown him off a Balcony.

[DJ54]

Did I read May 6? Then no worries. I think most the people doing this work (at least in NE) are not grab and go people. Maybe dig in your pocket a little deeper but not looking to rip you off. 

[KittenKong]

In Thailand ! This happens all over the world not just Thailand !!!!

Not at all. Many other countries have laws to protect consumers.

[Ks45672]

1 minute ago, KittenKong said:

Not at all. Many other countries have laws to protect consumers.

The guy has another week to complete the job as agreed..... And finish dates are usually late so I wouldn't call it a scam just yet.... 

Especially since he's already bought some materials and started the work

[KittenKong]

I'm guessing you've never had any building or maintenance work done in Thailand, or anywhere else for that matter, judging by your comment...

Then you guessed wrong. I renovated two large farmhouses in Europe over a period of 30+ years for a total cost of around 600,000 Euros (that's around 22MB), and never paid anything up front to anyone. Only instalment payments in arrears as work progressed.
Here I've had various smaller jobs done and have not paid in advance either.

I've never met anyone in Thailand whom I would trust with any money paid in advance, so I simply wont do it. "Fly-by-nights" is the only expression that comes to mind, and it applies equally to all nationalities here and all levels of society. Never have I seen a country where people change employment or address so often, or where businesses open and close so fast.

[KittenKong]

The guy has another week to complete the job as agreed..... And finish dates are usually late so I wouldn't call it a scam just yet....

Neither would I. My comment was general and I will repeat it: never pay anything up front in Thailand.