Action against concrete tradesman – Joel McLeod
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Consumer Protection has taken action against a Perth concrete tradesman who has agreed to a court-enforceable undertaking under the Australian Consumer Law with the department, placing strict conditions on any future dealings he may have with consumers.
Joel McLeod of Shoalwater, formerly trading as 1st Choice Concrete Specialist (deregistered), has been the subject of complaints in the past two years from 12 customers alleging poor workmanship and work not completed. He has been ordered by the State Administrative Tribunal and the Building Disputes Tribunal to repay a total of $41,495 to five clients who have demanded refunds.
Mr McLeod was declared bankrupt on 6 April 2012. Under the bankruptcy arrangements, he is allowed to trade under his own name but, if he trades under a business name, he must inform potential customers that he is an undischarged bankrupt prior to accepting work.
Under the terms of the legally-enforceable undertaking with the Commissioner for Consumer Protection, Mr McLeod is required to comply with the following conditions should he continue to operate a concreting business:
- give new customers a written quote with the total estimated cost, including materials;
- quotes must detail: the cost of services including materials, the time frame within which the work will commence and be completed and to provide potential customers with a notice setting out their rights under the Australian Consumer Law;
- not to accept a deposit greater than five per cent prior to the completion of services;
- provide written receipts for all payments for concreting services, and retain copies;
- take digital photographs of the work at the start and end of each working segment and retain those photographs for not less than one year;
- provide concreting services with due care and skill and provide a consumer guarantee in compliance with the Australian Consumer Law; and
- in the event of a dispute with a customer, Mr McLeod must notify the Commissioner within 14 days, provide a copy of the undertaking to the consumer, as well as copies of the relevant photographs.
Commissioner for Consumer Protection Anne Driscoll said the legal arrangement with Mr McLeod will provide protection for any future dealings he may have with consumers.
“Should Mr McLeod fail to meet these conditions, the department will be in a position to take the matter to court,” Ms Driscoll said.
“Mr McLeod has indicated he has ceased to operate his concreting business, however, any consumer who may have had recent dealings with Mr McLeod, or may have dealings with him in the future and believes he hasn’t met the conditions of his undertaking, should contact Consumer Protection immediately.”
Consumers can contact Consumer Protection on 1300 30 40 54 or by email: firstname.lastname@example.org .
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