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Home > Law > Small Claims   »   Workman fraud - which step to take next?

 
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Old Oct 4, 2009, 07:12 PM
jally
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Workman fraud - which step to take next?

Hi all. Firstly, here's some background, as faxed on Sept. 30 to local consumer protection agency. I sent it with an accompanying request that they hold off on definite action until I see whether I get my money back within a reasonable period from [John Doe] a handyman who defrauded me.

Not mentioned on the fax, is that this handyman was referred to me by a very reputable service guy (who many people recommend locally). He sometimes uses this guy as his assistant, due to his brawn, though I later found out the two are also cousins. It was because I didn't want to second-guess the crook (due to wanting to stay in the good graces of his cousin who'd recommended him) that I'm in grief now. It's not so much due to gullibility as the latter reason. Note that this cousin had bailed me out on two occasions, with crucial jobs. Dare I risk getting on his bad side, by informing him that his cousin is a crook?

FAXED TO CONSUMER PROTECTION:

Preparatory to installing my wood stove, [handyman John Doe] kept asking me for various sums of cash, or checks made out to cash, which he claimed was for the cost of supplies.

On Aug. 20, 2009, I'd given him check #102, made out to [the wood stove company] to pay them when he went to pick up the stove.

Then, he asked me for $400 cash to cover any supplies he may need for installation. So, Aug. 21st, I made two ATM withdrawals of $200 to prepay him.

Then, on Sept. 1, he claimed that when he went to pick up the stove parts at the wood stove place, they didn't include the ceiling support (flange), so he asked for a check made out to cash to reimburse that.
That was check #104.

Later, I found out that was a lie, because everything, including the flange, was included from the stove dealer, as listed on the invoice mailed me by the wood stove place.

Then, on Sept. 9, he asked for another $400 (check #105) made out to cash, for his labor.

Sum total of his charges: $1,200 (including a heavy pack of shingles I personally had to haul out of the basement where he left it, unused. In fact, prior to purchase, when he was reciting to me the stuff he may need, I had questioned the need for so many shingles, since I knew the chimney was only 6" diameter.)

When, after lots of procrastinating, he finally showed up last Wednesday (Sept. 23) to fix various mistakes he'd made during installation (as instructed to him via phone by the stove dealer, upon my insisting that the handyman phone him), I then confronted him about his aforesaid $400 fraudulent charge for the flange.

Whereupon he [in a very-grudging tone] agreed to mail me a money order. I wrote down my address and gave it to him, to make sure he had no excuse of "forgetting my address".

As of yesterday (Sept. 29), when I still hadn't received the money order, I phoned you [consumer protection agency admin.] to update you re: the situation. Then a few hours later, I reached the handyman on his cellphone and asked about the money order. To which he (par for the course), made up yet another story and said with emphasis "I told you that I'm waiting to get a digging job, and then I'd pay you, but I still didn't hear from them". I told him that he'd never said any such thing, and besides that had nothing to do with his owing me the money. He then raised his voice and said "You'll get the money!" and hung up on me.

Well.. that remains to be seen. I'll keep you informed regarding further developments.

==================
END OF FAX
==================

Well.. as of now, I still haven't received the money order, and lately, he hasn't been answering his cellphone. My question is, how to proceed from here. The guy way overcharged me, but frankly, he's prone to tantrums, lies, and gives me the creeps.

Do I now contact the buddy/cousin who'd recommended him? Who's to say he'd support me & get after his cousin to pay me? Despite his status as "well-liked guy" he might still choose to support his cousin whom he uses as his assistant.

Furthermore, it would be at risk of angering the unstable handyman if he hears I contacted his cousin. Knowing his modus operandi, I've no doubt he'll lie through his teeth, and say he only got $800 from me rather than also the $400 additional in cash.

If I go ahead with Consumer Protection, I may risk angering both the handyman & his cousin, never mind that I'm justified.

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Old Oct 30, 2009, 12:44 PM   #11  
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I see that the moderator of Small Claims is biased toward rudeness, since that's twice already that two of my posts were deleted.

Well DUDEs (to quote you), you should know that people who come to these forums are in PAIN due to bad stuff happening to them.

So when the moderator sides with rudeness and redundant comments, rather than with those who are in need of practical advice, and when the moderator indiscriminately deletes posts even when they're SEPARATE issues, hey, I think moderator school is in order.

And you, DUDEs, only add salt to the wounds.

You'll notice my recent posts on other forums did not deteriorate the way the above has. So who's at fault here?

As for "reddie", I assume you meant my clicking the disagree selection, which IMO was quite courteously worded! In fact I refrained from stating the full degree of how you really made me feel at the time). I thought that's offered by these forums so that people can register how they feel about a response?

Correct me if I'm wrong.

Comments on this post
excon disagrees: You're wrong. It's not about how you feel an answer is. It's about if it's acurate or not.
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