Issuing a witholding notice; advice req

crystaltips_68

Hi all,

I have now decided to withold some payment for my recent flat roof work, see this thread;

http://forums.moneysavingexpert.com/showthread.html?t=2252889&page=2

I would like some advice on writing a witholding notice to the firm, especially any legal jargon i should put in.

Thanks! xx

Tucker

Just rewind back to when he quoted for the work..... what happened right at the start?

Did he issue you with any paper work? When you agreed to the work, did he issue you with anything at that point?

crystaltips_68

Hi tucker, yes, i have the original quote. After that, no paperwork was issued.

Right at the start, he came and looked at the job from the outside, but didnt want to look at the inside of the roof, even though i offered him the opportunity.

Tucker

The reason I ask is he's not complied with the law in any event if he's not given you any cancellation rights, so in essence, you don't have to pay anyway:

[FONT=Verdana, sans-serif]Main Legal Controls[/FONT]


[FONT=Verdana, sans-serif]New legislation means that people who carry out work in or at a consumer’s home or garden and the work costs more than £35 probably need to provide a written 7 day notice of cancellation to the customer prior to starting the work. The new regulations give consumers the right to cancel a contract for goods or services made during a visit by a trader, whether the visit is unsolicited or solicited. This includes contracts for the construction of extensions, patios, conservatories and driveways.[/FONT]


[FONT=Verdana, sans-serif]What happens if I don’t supply the written notice of cancellation?[/FONT]
[FONT=Verdana, sans-serif]Failure to provide the Notice of the Right to Cancel as detailed means that you may commit a criminal offence which if convicted carries a maximum fine of £5000. Furthermore, the contract may be deemed unenforceable against the consumer and they will not have to pay for the work done regardless of any verbal agreements that may exist.[/FONT]
[FONT=Verdana, sans-serif]
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crystaltips_68

Goodness me Tucker!! Where did you find that? I am sure that most tradesmen dont issue one of these!!

But surely the words 'probably' and 'may' would make this unenforcable?

Tucker

The above is just the guidance notes, not the legislation itself.

It says probably, because there are one or two exclusions, such as foodstuffs, but for trades from roofing, plumbing to decorating, the regs apply.


Google - cancellation rights 2008, for more details

arfurrrr

where would i stand on this one .

bolier breakdown , fixed for £65 . does the consumer have cancellation rights and if so an i allowed back in to break the boiler and put if back to its original condition ?


crazy

Tucker

Cancellation rights - yes, but it you were asked to do an immediate repair, you are required to get them to sign a waiver.

If you do neither it's your risk.

That's the law these days. You aren't supposed to like it , but the sooner traders got wise the less chance they'll get shafted.

baldelectrician

This has been brought in by the UK government, and flies in the face of Scots Law

I hope it is tested soon, specifically after the donohoe vs mcnair case where the sheriff ruled if you invite a tradesman in to your house you should expect to pay.

I'm not against fair rules, but why should people get work done and refuse to pay?

crystaltips_68

baldelectrician wrote: »

This has been brought in by the UK government, and flies in the face of Scots Law

I hope it is tested soon, specifically after the donohoe vs mcnair case where the sheriff ruled if you invite a tradesman in to your house you should expect to pay.

I'm not against fair rules, but why should people get work done and refuse to pay?

I have to say i agree with you Baldy, and i am only witholding a part-fee due to poor workmanship!

Tucker

I don't disagree. I've had numerous tradesmen in over the past 6 months on my extension and not one has complied.
They were all paid as the work was good and what we agreed, but they are leaving themselves open, especially if a dispute arises.

The legislation is 18 months old and trades either don't know about it or both with it.