How to Cancel contract with possible rogue builder - driveway specialist

naedanger

To the op:

I believe you can waive your statutory cancellation rights but if the work has not yet started then perhaps you still do have the right to cancel.

I too would have very strong reservations about using the company. I suggest you speak to Citizen's Advice urgently.

agrinnall

It appears that you have not actually asked if you can cancel the contract. Until you do that I don't think the police or trading standards will be interested (I actually don't think they'll be interested anyway). If you aren't allowed to cancel you best bet may be to simply refuse to allow them to do the work and wait to see if they sue you for any losses they may have incurred.

unholyangel

Signing the waiver does not mean you lose the right to cancel - it just means you lose the right to cancel without incurring any liability.

So that means you can still cancel just you may potentially be liable for the cost of the service already provided up until you cancel. However, there is a condition to that details as follows:

(6) The consumer bears no cost for supply of the service, in full or in part, in the cancellation period, if—

(a)the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, or the information on payment of that cost required by paragraph (n) of that Schedule, in accordance with Part 2, or

(b)the service is not supplied in response to a request in accordance with paragraph (1).

Paragraphs (l) and (n) respectively tell us:

(l)where a right to cancel exists, the conditions, time limit and procedures for exercising that right in accordance with regulations 27 to 38;

(n)that, if the consumer exercises the right to cancel after having made a request in accordance with regulation 36(1), the consumer is to be liable to pay the trader reasonable costs in accordance with regulation 36(4);

They have to provide that information (and a whole lot more) before you are bound by the contract and it must be provided on paper unless you agree for it to be provided on another durable medium. So, did they provide this information in line with the above?

The contract you've posted says I agree to the T&C's but where are the T&C's?

balich

Hi

Thank you all for your your comments! I have went to the address to find that on premises they rent out physical mail address, which this company has used, but their account has expired.

unholyangel - they did not provide me with any terms and conditions

I have just called the builder i signed the contract with but did not mention anything about the address. Many call attempts I was not able to get through to their office number or his mobile. It sais the phone line is busy on landline and mobile just goes to mailbox. Probably expecting a call from me and diverted my calls. I used my other mobile and got through to landline straight away.

I started saying that i was concerned that he did not stipulate in his contract that he is giving 10 year contract (which i forgot to mention earlier), which they promised me. He said that it will be provided once he completes the work. I said that my concern is that his company isn't even registered and I was told they are in business for 30 years - how do i know you are not going to fool me... He said that its all based on trust. That was my tipping point, i didn't even want to see any work that they have done and have told him that i don't want the work done. He was ok about it for which i must give him credit.

Thanks to all again!

unholyangel

balich wrote: »

Hi

Thank you all for your your comments! I have went to the address to find that on premises they rent out physical mail address, which this company has used, but their account has expired.

unholyangel - they did not provide me with any terms and conditions

I have just called the builder i signed the contract with but did not mention anything about the address. Many call attempts I was not able to get through to their office number or his mobile. It sais the phone line is busy on landline and mobile just goes to mailbox. Probably expecting a call from me and diverted my calls. I used my other mobile and got through to landline straight away.

I started saying that i was concerned that he did not stipulate in his contract that he is giving 10 year contract (which i forgot to mention earlier), which they promised me. He said that it will be provided once he completes the work. I said that my concern is that his company isn't even registered and I was told they are in business for 30 years - how do i know you are not going to fool me... He said that its all based on trust. That was my tipping point, i didn't even want to see any work that they have done and have told him that i don't want the work done. He was ok about it for which i must give him credit.

Thanks to all again!

Cover your own back and send an email saying something like "Following on from our telephone conversation on x date at x time, this email is just to confirm the order has indeed been cancelled as per my request".

Under the legislation I quoted above, its for you to prove you cancelled and obviously it can be difficult to prove anything with a phone conversation if the other party allege a different sequence of events.

As detailed in my previous post though, even if they had started providing the service you wouldnt have been liable to pay for it (whether in full or in part) because he has not provided you with any of the necessary info.

hollydays

unholyangel wrote: »

Cover your own back and send an email saying something like "Following on from our telephone conversation on x date at x time, this email is just to confirm the order has indeed been cancelled as per my request".

Under the legislation I quoted above, its for you to prove you cancelled and obviously it can be difficult to prove anything with a phone conversation if the other party allege a different sequence of events.

As detailed in my previous post though, even if they had started providing the service you wouldnt have been liable to pay for it (whether in full or in part) because he has not provided you with any of the necessary info.

I think you mean a ten year guarantee.

unholyangel

hollydays wrote: »

I think you mean a ten year guarantee.

Quoted the wrong post?

prosaver

there's a cooling off period when you sign any contract.

unholyangel

prosaver wrote: »

there's a cooling off period when you sign any contract.

I'm afraid thats incorrect. Many contracts do have a statutory cooling off period but many do not.

hollydays

Some of the layout of their website is similar to another , owned by these people with contacts to a l u t o n Address and see the links below.

http://www.derbytelegraph.co.uk/traders-brought-justice/story-11636949-detail/story.html

http://www.derbyshire.gov.uk/images/150310%20completed%20prosecutions_tcm44-134009.pdf


Does any of that sound familiar , see Pages two and three