Help! Builder demanding payment of deposit after I cancelled work

Xplosivgas

I wouldn’t be paying them a penny. Just say having reviewed the DRAFT contract and experiencing their bully boy antics first hand, you decided against instructing them.

The slot they supposedly allocated is their problem. Perhaps they should only allocate slots on receipt of the deposit. If they’re a half decent building firm filling the slot won’t be a problem. Sounds like they’re trying it on with you.

suz2003

davidmcn wrote: »

You don't need to have signed anything for a contract to have been formed - and it sounds like you accept there was a contract. We haven't seen the draft contract or any surrounding correspondence, so it's difficult for us to give you proper advice without seeing what you have.

You refer to you "exercising your right to cancel" - what does the contract say about cancellation?

Whilst I initially agreed to their quote and draft agreement sent by email, I did not pay the deposit required to secure the slot and hence the agreement was not confirmed. The contract does not say anything at all about cancellation rights or that the full deposit would be payable in the event that I terminate the contract, however I assumed that I would be able to cancel without penalty.

suz2003

Xplosivgas wrote: »

I wouldn’t be paying them a penny. Just say having reviewed the DRAFT contract and experiencing their bully boy antics first hand, you decided against instructing them.

The slot they supposedly allocated is their problem. Perhaps they should only allocate slots on receipt of the deposit. If they’re a half decent building firm filling the slot won’t be a problem. Sounds like they’re trying it on with you.

I totally agree with your opinion, however the question is whether they have any legal rights to claim recompense from me regarding this

unholyangel

If he was demanding a deposit to "secure" the dates then it doesn't sound like a contract was formed. Either there was a contract (in which case he couldn't vary the terms such as dates) or there wasn't (in which case there would be no contract to cancel).

Also, even if there was a contract, you may have a statutory right to cancel if either everything was done via distance communications with no face to face between you & the trader or if the trader visited your home with you present to measure up and it was then concluded via distance means. If it was the latter, then they needed to have provided you certain information on paper before you were bound by the contract - they can only provide it on another durable medium (such as email) if you agree. Part of that information is that you have the right to cancel.

In addition to the above, what was the exact timeline of events and what were the communications between you? Once an offer has been accepted, it cannot be varied except by agreement and you can only be bound by the T&C's you were given before acceptance took place. Any variation to the terms amounts to a counter offer rather than acceptance, which destroys the original offer. So if you said you wanted to go ahead, they responded by giving the T&C's and asking for a deposit and you did not respond accepting those terms, then imo there would be no contract formed.

TonyMMM

suz2003 wrote: »

I totally agree with your opinion, however the question is whether they have any legal rights to claim recompense from me regarding this

They have every right - to make a claim. Nothing you can do or say takes away that right.

Whether that claim will hold up in a small claims court is another issue and one for the judge to decide.

Simby

Anyone can file a claim, I can file a claim against you ( it would of course fail ). You cannot stop the builder doing so.

However if the deposit was to secure dates then I fail to see why he held dates when you did not pay the deposit or sign the contract.

Ultimately a judge will look at the correspondence, hear both sides and decide . If the builder decides to take it to court.

If it was me I would ignore him , as I suspect he will go away if he doesn’t then nothing to stop you opening negotiations after he files a claim but before it reaches court.

Many solicitors offer a free consultation could be worth availing of one and ask them to review the correspondence.

steampowered

unholyangel wrote: »

If he was demanding a deposit to "secure" the dates then it doesn't sound like a contract was formed. Either there was a contract (in which case he couldn't vary the terms such as dates) or there wasn't (in which case there would be no contract to cancel).

Exactly this.

Given that the builder was very clear the date is not secured until the deposit is paid, I'd think a judge would conclude that no contract had been formed until the deposit had been paid.

davidmcn

suz2003 wrote: »

Whilst I initially agreed to their quote and draft agreement sent by email, I did not pay the deposit required to secure the slot and hence the agreement was not confirmed.

Offer + acceptance = contract (generally), but if their draft contract made clear that there was no contract until the deposit was paid, then there was probably no contract.

If there's never been a contract then there's nothing to cancel (and it would be safer not to say anything like "I'm cancelling the contract" if in fact you want to deny that there's a contract).

But you really want someone to read what you've got if you want to be sure.

preable

Do not pay a penny and do not respond to them anymore! you didn't sign the contract so if they take you to court they will lose and incur more costs so they wont do that they are just hoping you will pay. The contract would have started if you paid the deposit when the draft contact was made and sent but you didnt!

comeandgo

preable wrote: »

Do not pay a penny and do not respond to them anymore! you didn't sign the contract so if they take you to court they will lose and incur more costs so they wont do that they are just hoping you will pay. The contract would have started if you paid the deposit when the draft contact was made and sent but you didnt!

Signing a contract has nothing to do with it. A contract can have offer and acceptance verbally. The OP has mucked this trader about. She should have been more honest and told him she did not want to continue. It won't cost him much to go to court.