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Builder Dispute for OAP

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  • keystone
    keystone Posts: 10,916 Forumite
    glp wrote: »
    Hi, not sure about door step selling regulations, but i have explained in detail to consumer direct this afternoon and the above details are what they have told me where we stand, and yes, my mother has appointed me to sort this for her. Thank you.
    It is in relation to that which Consumer Direct have suggested the wording you quoted. (".... contract made in consumers home ...."). My point is that there is no point in throwing that sort of statement at the contractor if it doesn't apply so you need to be sure that it does - thats all. Why did Consumer Direct not explain these regs to you properly?

    Cheers
    The difference between genius and stupidity is that genius has it's limits. - Einstein
  • glp
    glp Posts: 48 Forumite
    I dont know why or if they needed to , but i asked them for their help and advice and need to follow what they have advised me to do so far, now that there is a case open about it. Thank you.
  • daggy
    daggy Posts: 1,167 Forumite
    I think we've agreed that the builder can't charge a daily rate for the scaffold remaining - contact or not.

    Oh, I didn't know. My bad. :)

    The OP would have had to specifically state to the builder something like "I need this scaffold removing by [date], as I have other contractors or [specific need] for the site to be clear by then". Only then can it be clear that the scaffold remaining does inconvenience the OP and potentially cause the OP a loss.

    Yep, that's what I was trying to say. Contact him and tell him it needs to be removed or he will incur a charge.

    As for levying a charge, again there is no right/contract to do this unless the builder agrees. What the OP will have to do is sue the builder for his actual loss as damages, and can not sue for some random daily charge

    You could probably sue, but you may not win.
  • keystone
    keystone Posts: 10,916 Forumite
    glp wrote: »
    I dont know why or if they needed to ,
    Because if the regulations don't apply and you seem unable to confirm that they they do there is no point in battering this builder around the head with a "legal" document quoting these regs.

    So was the "contract" agreed in the relative's home - yes or no? If you could tell them the answer why not here?

    If it was then the advice you have received from CD is correct and you should follow it.

    If it was not then the advice you have received from CD is incorrect and you should not.
    and need to follow what they have advised me to do so far, now that there is a case open about it. Thank you.
    This is trying to help you although you seem not to see it.

    Cheers
    The difference between genius and stupidity is that genius has it's limits. - Einstein
  • glp
    glp Posts: 48 Forumite
    keystone wrote: »
    Because if the regulations don't apply and you seem unable to confirm that they they do there is no point in battering this builder around the head with a "legal" document quoting these regs.

    So was the "contract" agreed in the relative's home - yes or no? If you could tell them the answer why not here?

    I can tell you, it was in the home,*i havent been asked this here)

    If it was then the advice you have received from CD is correct and you should follow it.

    Yes i am following it.

    If it was not then the advice you have received from CD is incorrect and you should not.

    This is trying to help you although you seem not to see it.

    Not sure what i am not seeing ? i think i have answered all the reply's and any questions properly.

    Cheers

    Thank you,
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