Boots Crescent Resident Jacqueline Banks is incensed at Carlos Alvarado Jiminez, the contractor who she says swindled her out of thousands of dollars meant for the construction of her home.
Her ire only increased when a committal warrant put out for his arrest was allowed to slide.
Banks says she's been wronged, first by a shady contractor and then by the courts. But as always there are two sides to every story. And this morning Cherisse Halsall heard from all parties concerned.
The story of this house is a complicated one. With twists and turns straight out of any aspiring homeowners' nightmares.
And those troubles started in the construction phase when owner Jackie Banks claims that her contractor Carlos Alvarado Jimenez misappropriated the monies he had been given for its construction.
Jacqueline Banks, Disgruntled Client
"In October in mid-October of 2015 we got into a contract with one Mr. Carlos Alvarado to build this house behind us. Everything started off good, phase 1, phase 2, phase 3. It was at the last phase that we had a problem. We gave him some money in February, something over $17,000 plus dollars to complete the house after he received the money, he received the money in two payments the 5th of February and the 8th of February of 2016. When he received the money he said Ms. Jackie don't worry, he said your house will be done for Easter which would have been in April that year well that never did happen so when I came to the house and I started to see things going differently I asked the workman that was here what's happening and he said well the man says he doesn't have any more money. I got in contact with Mr. Alvarado and I called him and asked him what was the problem. Well his response to me was at that time well you could do what you want to do Ms. Jackie because I work for police officers, Magistrates, judges, lawyers and things that was like some sort of intimidation to me so I said well okay then we'll I'll do what I have to do."
What she did was send a summons for him to go to court to answer for $15,000 dollars in November of 2018, and in August of 2019 she won the case: and the judge ordered him to pay back a thousand dollars a month.
But he never paid, and she took out a committal warrant to have him sent to jail. But when he got back before the magistrate, it was another story:
Jacqueline Banks, Disgruntled Client
"I know there are certain circumstances where I do think the court makes allowance but I don't know how this one warrants that. The Magistrate told me that the gentleman had just gotten a surgery because he's a diabetic and he had just gotten a surgery where one of his toes or, a couple of his toes were taken off. This man is working I saw him myself, he's working he's still working."
"I think an injustice was done to me from the hearing started. It was as though it was scripted at one time I asked the magistrate I said can I say something here, I said because it appears as if thought this gentleman brought me to court not the other way around, and she said why do I say that, and I said I need to ask you something do you know the gentleman? and she said no but while I was in the court it was as though it was scripted. At one point I ask the magistrate can I say something here, because it appears as if though this gentleman brought me to court, not the other way around and she said why do I say that? I say I need to ask you something: Do you know this gentleman and she said no, but while I was in the court it felt as if though it was scripted - everything just in his favor."
But Alvarado says he didn't steal from Banks and that while he didn't have the time or the money to fight the case in court he managed to make a deal to suspend that committal warrant.
Carlos Alvarado Jimenez, Contractor
"I didn't want to fight it at court because Jackie, I know Jackie long long time, she used to work for me and she started to tell me that she wanted her house and she wanted a nice house and I said well Jackie I could do it for you. So we agreed to one price and it didn't work out she said she couldn't get the money. So I told her well I'll still do it and we agreed to $80,000.00 to build the house. So we started to build the house but what happened is that Jackie started to, no Jackie personally never approached me but her husband approached me and they live together in the same house together as a husband and wife, her husband approached me and told me that he wanted additions, to add more to the house like to add the height of the house, the height of the windows more electrical and things like that and when the bill came it was over $10,000.00 that she added already. So when she gave me the last payment I told her Jackie I won't be able to finish the building.|
"Honestly I don't think I'm a thief. I've been working for forty years in Belize and I've never had, yes we have problems with people but we talk and it got fixed but with this one nothing could have fixed it."
"But what happened was the COVID came in and then my foot got hurt and they had to amputate a toe because I'm a diabetic, and they amputated my toe so I haven't been working for about 5 months right now."
And while Alvarado has managed to avoid jail with a payment plan, Banks will have to receive the money owed to her at a glacial pace, a reality that she says has put her family in dire financial straits.
Jacqueline Banks, Disgruntled Client
"We still haven't recovered truthfully. We still haven't recovered. My husband had to get an additional loan to complete the house. We moved into the house on the 28th of January 2017 and when we got the additional financing from the institution we had to pay additional money toward that loan and meanwhile while the house wasn't finished we had to pay that loan and pay rent at the same time and mortgage."
"I don't know what has happened to the judicial system, I really don't know, it seems so unfair, it seems so unbalanced I mean to say that this is your last resort for seeking justice. So where else do you go if the court cannot assist you? Where else do we go? You know and then you see a lot of people don't take these courses to court you know because it's too time-consuming. Now. everybody has a COVID-19 excuse even the court, it's not right."
In response to Banks's claim that Alvarado tried to intimidate her by claiming to work for policemen, Magistrates, and lawyers; a statement that was also brought up in court.
Alvarado responded by saying that he did not recall making that specific statement.
As mentioned, Alvarado has made 2 payments of paid $200.00 and an additional payment of $100.00 toward his arrears.
|