Dodgy Builders?

andydakin

Not sure if this is the correct place to post this, if not no doubt someone will let me know.


My father in law is 75 and suffers from mild dementia. Over the summer he had someone to the door touting guttering repairs. He told them he needed it doing but he couldn't afford it at present. Since then they have been in contact 3 or 4 times and he eventually had a quote. possibly from a very persuasive salesman, who signed him up there and then for the work, which was at a cost of £1460. He paid £150 deposit there and then with a 14 day cooling off period. The following day, two men turned up in a van and measured up for the materials (they were there 30 minutes). After considering the matter further we suggested that the quote was high and that he should have gone to other companies for a comparison. He then decided to cancel, although this was one day outside the 14 day cooling off period. The company has now demanded 25% of the total quote in mitigated losses.


I accept that he/we should have cancelled within the 14 day period, however it is my understanding that mitigated losses are costs incurred, not including profit. Therefore 2 men in a van, travelling 15 miles each way (say 1 hour in total plus running costs of the van) and 30 minutes on site do not add up to some £350. Furthermore I would suggest that sending the men round to measure up before the 14 day cooling off period has expired is not best practice.


We are accepting that the £150 deposit has gone, however am I right in suggesting that they can't expect 25% of the total job including any profit? My argument is that he should only be liable for the 2 men and a van at a reasonable cost (notwithstanding that they probably shouldn't have been sent out before the 14 day period)?

naedanger

andydakin wrote: »

Not sure if this is the correct place to post this, if not no doubt someone will let me know.


My father in law is 75 and suffers from mild dementia. Over the summer he had someone to the door touting guttering repairs. He told them he needed it doing but he couldn't afford it at present. Since then they have been in contact 3 or 4 times and he eventually had a quote. possibly from a very persuasive salesman, who signed him up there and then for the work, which was at a cost of £1460. He paid £150 deposit there and then with a 14 day cooling off period. The following day, two men turned up in a van and measured up for the materials (they were there 30 minutes). After considering the matter further we suggested that the quote was high and that he should have gone to other companies for a comparison. He then decided to cancel, although this was one day outside the 14 day cooling off period. The company has now demanded 25% of the total quote in mitigated losses.


I accept that he/we should have cancelled within the 14 day period, however it is my understanding that mitigated losses are costs incurred, not including profit. Therefore 2 men in a van, travelling 15 miles each way (say 1 hour in total plus running costs of the van) and 30 minutes on site do not add up to some £350. Furthermore I would suggest that sending the men round to measure up before the 14 day cooling off period has expired is not best practice.


We are accepting that the £150 deposit has gone, however am I right in suggesting that they can't expect 25% of the total job including any profit? My argument is that he should only be liable for the 2 men and a van at a reasonable cost (notwithstanding that they probably shouldn't have been sent out before the 14 day period)?

I thought they could include lost profits if they cannot replace your work with other work.

It is worth reading the following:

https://www.citizensadvice.org.uk/consumer/getting-home-improvements-done/cancelling-building-or-decorating-work/

I suggest you double check the cooling off period e.g. it starts the day after the work was agreed, was your father given the correct details about the cooling-off period etc.

andydakin

He can't remember. As I said, he suffers from dementia, although not severe. To be clear, a letter bearing my father in law's signature cancelling the work was not sent until about a week after the cooling off period, first cancellation was verbally. As for the work not being able to be replaced, the work was not scheduled until February, so the likelihood of being unable to replace the work is remote.