Cancelling a Builders Contract - 7 day cooling period?

MrsJNair

Unfortunatley it is not as simple as the trader having visited your home for the law to apply. And waters get muddied when it is unclear when the cotnract was made and there ahve been multiple visits going on before anything is agreed as a contract.

mo786uk, I think I understand what you are saying.
However... I believe that when a contract is made it is not just on the price quoted. It is also an agreement to the terms and conditions attached to the contract. Since the new set of terms and conditions were provided to me only at the time of signing the contract, a number of aspects of the contract I signed to were only provided to me during this visit and not before. And none of these changes to the original terms were highlighted as changes to the terms in the visit which I think was the professional thing to do.

In all probability, if my husband had known about the £1000 cancellation fee and other fees in the new contract before they came home, he wouldn't have let me do it.
Unfortunately, at the time of signing the contract only I was at home and yes..... I do feel very stupid for having signed it!!

mo786uk

If you signed the contract at home and thin kthe cancelaltion period applies - and he ddint give you the cancelaltion paperowkr then the contratc is unenforceable and he cannot get the money off you or win in court.

hippyadam

MrsJNair wrote: »

Consumer Direct did not exactly ask me to pay in protest. I asked them if it was an option for me to make this payment and then claim the money back as I work in a heavily regulated industry and a court judgement against me would cost me my job. So, as an option, they (CD & Which Legal) suggested that if I am paying, then I do it this way and also make it clear that I am reserving my legal rights to claim the money back.

I would have let them issue proceedings and defended them. If they get a CCJ and you pay within 30 days it shouldn't go on your credit file anyway...

But then i'm a bit grumpy like that!

DVardysShadow

MrsJNair wrote: »

Consumer Direct did not exactly ask me to pay in protest. I asked them if it was an option for me to make this payment and then claim the money back as I work in a heavily regulated industry and a court judgement against me would cost me my job. So, as an option, they (CD & Which Legal) suggested that if I am paying, then I do it this way and also make it clear that I am reserving my legal rights to claim the money back.

You really need to be clear about this.

As I see it, it is unreasonable and unfair to deny you the right to let a case go to court and defend your case. One of your human rights, and if you lost your job for a simple CCJ on a straight commercial dispute, I would expect a Judicial Review would strike that out.

Normally, if you lose a case and a CCJ is applied, you have 28 days to pay before the CCJ can be registered against your credit. I would expect that it would only be at this point that your job would be at risk. Do please check the facts here, because I believe you have an arguable and winnabble case and I don't think that it is right that you should feel pressured to cave in without a hearing for the sake of your job

misssarahleigh

Just to chip in.

Did he say what materials he had bought?

On this perticular point I don't think he has much room for argument. If your supplying the main goods, I cannot imagen what he has to buy. Plaster maybe, sealent, grout etc the majority of what he needs e.g. tools and basic supplies he should already have stocked in fairness.

You don't have a hairdresser arrange an appointment and then run out to buy foils, clips, hairspray etc. It's basic stock.

I don't think he could argue this unless he's ordered something specific, but I cannot really think of anything

arcon5

To reiterate a point made earlier...

send your cancellation in writing (whether via post or email) and get confirmation otherwise he might clam you didn't cancel within the 7 days and you will have no prove otherwise.

MrsJNair

Did he say what materials he had bought?

No they have not said what they have already brought... but that they brought over £1000 worth of materials..

MrsJNair

send your cancellation in writing (whether via post or email) and get confirmation otherwise he might clam you didn't cancel within the 7 days and you will have no prove otherwise.

I have already sent the cancellation within 7 days by email. And they have responded to me by stating that I owe them the money as the regulations do not apply to them.

MrsJNair

Thank you all for your responses.

I really appreciate all your help and advice.

I haven't got the solicitor letter from them yet.
I should be getting it by registered post right?
Hope its not lost in the post.

Will keep posted....

arfurrrr

MrsJNair wrote: »

No they have not said what they have already brought... but that they brought over £1000 worth of materials..

some of them materials maybe costs from mybuilder.com as they charge commission on every lead / job .