Contractor's License Suspended

[raincole 0]

Yar but if it is the other party breaking it, what do we as consumer get???

There is the deposit, which I tot should be enough cos no work is being yet.

Furthermore, a lot of pressure-pushing by id into signing cases too.

Edited August 3, 2007 by raincole

[zirhk3355 1]

Yar but if it is the other party breaking it, what do we as consumer get???

There is the deposit, which I tot should be enough cos no work is being yet.

Furthermore, a lot of pressure-pushing by id into signing cases too.

Compensation always lie on the damages - if the ID suddenly decides not to do your renovation (when no work is done yet), do you suffer any damages?

I believe the clause to say pay 30% or whatever, is to cover any materials that had been ordered, and the opportunity costs the ID may incur. And this reminds me; its actually an uphill task for the ID to sue our friend here for 30% because he got to prove his damages. Not everything signed in a contract is valid; it must also be fair.

As for pressure-pushing into signing, well, that's actually the consumer's fault for not being able to control and make a stand, right? Sorry to say but I think its weak for people to sign on something willingly and knowingly, then later go complain to CASE that they had been pressurised.

[lifestyle 0]

Hi xwih,

Got lots of very good advices and inputs from all the seniors here...well done

We should not let these type of people go around and cheat/misrepresent the innocent and unaware consumers. Too many headline already recently.

Just to be on a safe side, you might want to record (hp, tape recorder, etc..) all your conversation from now on (tell him upfront) for any negligent or threat being made.

Good luck

...

so basically we have to deal with the contractor ourself..

...

Edited August 3, 2007 by lifestyle

[raincole 0]

Compensation always lie on the damages - if the ID suddenly decides not to do your renovation (when no work is done yet), do you suffer any damages?

I believe the clause to say pay 30% or whatever, is to cover any materials that had been ordered, and the opportunity costs the ID may incur. And this reminds me; its actually an uphill task for the ID to sue our friend here for 30% because he got to prove his damages. Not everything signed in a contract is valid; it must also be fair.

As for pressure-pushing into signing, well, that's actually the consumer's fault for not being able to control and make a stand, right? Sorry to say but I think its weak for people to sign on something willingly and knowingly, then later go complain to CASE that they had been pressurised.

It's ok. Some people are prone to the pressure-pushing cos their will weak. I'm very scared for them.

Can't the 3 day cooling period be applied or extend to all, give consumer another chance?

Yar. I dun think they can do much for the 30% but 1K deposit is still like a lot of $$$ for nothing lor. Somemore not consumer fault, just pick the wrong person for the right job, so it boils down to bad luck.

Edited August 3, 2007 by raincole

[zirhk3355 1]

It's ok. Some people are prone to the pressure-pushing cos their will weak. I'm very scared for them.

Can't the 3 day cooling period be applied or extend to all, give consumer another chance?

Yar. I dun think they can do much for the 30% but 1K deposit is still like a lot of $$$ for nothing lor. Somemore not consumer fault, just pick the wrong person for the right job, so it boils down to bad luck.

3-days cooling period, you can DIY mah - take the quotation and whatever perspectives, go home and think for 3 days lor. In fact you want to think how long also can. Why must sign first?

I think alot depends on the consumer themselves; if they believe all the sales talk like "oh this offer for today only, you come back tomorrow then dun hab liao", then they only have themselves to blame lor. In the reno industry, they should know that its very competitive and the price cannot vary alot.

IMO, we should only shield consumers IF they do not have control and the merchants misrepresented themselves and CHEAT the consumers. But for pressure-pushing, there is nothing we can do; in fact, there is nothing we SHOULD do because how do you expect the company to make sales if they do not give some pressure?

Those with a "weak will", heck I would even suggest for them to get conned one time then they will learn their lesson. I was a 'guo-lai-ren', last time kana conned upside down by MLM and timeshare, now I learn my lesson liao, matured liao, I will only laugh at those salesman who give me the silly tactics like "special offer for today only".

[raincole 0]

K.

Edited August 3, 2007 by raincole

[xwih 0]

well, actually the 30% is when we cancel the contract before they start work...

if they start the work already.. then we have to pay full amount..

we were foolish enough that we didn't look at the contract before we sign it

and of course they didn't even care to explain about it.

guess what, when i called and asked why they diddn't explain the clause and details, they simply answer...it's your own fault for not reading it.

Compensation always lie on the damages - if the ID suddenly decides not to do your renovation (when no work is done yet), do you suffer any damages?

I believe the clause to say pay 30% or whatever, is to cover any materials that had been ordered, and the opportunity costs the ID may incur. And this reminds me; its actually an uphill task for the ID to sue our friend here for 30% because he got to prove his damages. Not everything signed in a contract is valid; it must also be fair.

As for pressure-pushing into signing, well, that's actually the consumer's fault for not being able to control and make a stand, right? Sorry to say but I think its weak for people to sign on something willingly and knowingly, then later go complain to CASE that they had been pressurised.

[zirhk3355 1]

well, actually the 30% is when we cancel the contract before they start work...

if they start the work already.. then we have to pay full amount..

we were foolish enough that we didn't look at the contract before we sign it

and of course they didn't even care to explain about it.

guess what, when i called and asked why they diddn't explain the clause and details, they simply answer...it's your own fault for not reading it.

Dun worry lah, when come to the contract terms and representations, there's a whole list of arguments to be put forth.

IMO, for your case, the strongest argument would be that you had signed on the pretext that the contractor got HDB licence. As as per HDB's reply, the contractor cannot continue doing your flat, and its not allowed to use "sister company" to sub-contract the works to this contractor, so how could they even fulfill the contract now? Based on that, I would think the judge would not force you to pay the penalty and declare the contract to be null and void.

[xwih 0]

i have filed this with CASE... and also approached the ID and talked to the director.

as expected, they are not giving me back the deposit and said that their lawyer give me a letter..

oh well... just wait and see lor... see how they are going to twist the fact..

now we have to go through all the trouble and look for new ID...

hope we can get a good one this time

[oonik grl 0]

hey xwih... all the best fr ur situation. remember, it's always better that u know it now than realise ur mistake later.

[Cantona7 0]

i have filed this with CASE... and also approached the ID and talked to the director.

as expected, they are not giving me back the deposit and said that their lawyer give me a letter..

oh well... just wait and see lor... see how they are going to twist the fact..

now we have to go through all the trouble and look for new ID...

hope we can get a good one this time

Hi Xwih,

FYI, if u are getting a new ID/contractor again better u tell him the situtation cos if you sign another new contract with him, u will be bond to two existing contract at the same time.

My advise is to wait for CASE to treat ur contract void or wait for ur existing contractor to give u a black & white letter to state that they are nt pursuing this contract anymore.

[xwih 0]

CASE can't do anything about the contract, they only act as a middle man. so will have to depend on the contractor.

but since they have intention on bringing this matter to court.... this will take a long time...

hey xwih... all the best fr ur situation. remember, it's always better that u know it now than realise ur mistake later.

Thanks oonik grl

[Disillusioned 0]

CASE can't do anything about the contract, they only act as a middle man. so will have to depend on the contractor.

but since they have intention on bringing this matter to court.... this will take a long time...

Thanks oonik grl

Hi....

Can't help noticing this thread. With my personal experience, CASE can't do much for people like us. Because CASE can only look at the contract and comment.

Looking at your case, the contract is 16K. 30% of that would be $4.8k. The first step they might approach to get back the money is probably thru Small Claims Tribunal and not the Magistrate Courts. This is because just to get a lawyer letter would cost them a few hundreds, not to mention hiring one to fight a case for them in court. Furthermore you have already paid them 1k, which leaves 3.8K for them to fight for.

However, if they approach Small Claims they only need to pay about $20 or so....

But I must warn you that it is also not easy for us as consumers to fight with them in Small Claims Tribunal because they are probably far more experienced in that and knows where are the loop holes. Small Claims Tribunal will first try to mediate and only go to an actual hearing if no choice.

If they really intend to fight with you in court, you must really make sure that you have very handy evidences with you. Any agreement that you or they have signed must be looked at in detail and see if it is to your advantage or theirs because they will definitely use anything they have against you.

Just a note about the voice recordings mentioned by someone earlier in the thread... You are allowed to use such 'evidences' in court. But this is at the discretion of the registrar, whether he/she wants to believe that the recording is real. So... thats a bit tough.

I wish you all the best in this case.... Hope it is resolved soon.

Cheers.

[xwih 0]

hi Disillusioned,

Thanks for the advice...

Really hope that this will be resolved soon and get back the deposit

[Cantona7 0]

hi Disillusioned,

Thanks for the advice...

Really hope that this will be resolved soon and get back the deposit

Good Luck to you. Jiao you!