Help! Builder demanding payment of deposit after I cancelled work

suz2003

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).

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.

Hi the draft contract was sent to me by email on 20 June. The email stated that ii is a draft contract and that a deposit would be required to secure the dates I wanted. Subsequent to this on 24 June I admittedly stupidly responded that I wanted to secure the dates and would pay the deposit. They sent through an invoice on 27 June for payment and 2 follow up emails on 1 and 2 July demanding that the deposit be settled ASAP. On 3 July I notified them that I did not want to proceed and that they could release the dates for other bookings.

I have already tried telling them that I should have been notified of cancellation terms at the pre-contract stage and that I was cancelling during the cooling off period (14 days). They have said that the cooling off period is not valid.
I realise I should have not changed my mind and wasted some element of their time but I felt pressured in to agreeing to the deposit as they kept emphasising that slots were being filled quickly etc and that I need to book up now. I pulled out with out paying the deposit because I thought they were pressurising me too much to pay immediately. I will try to see if I can get a legal opinion on this as I am very stressed by the entire experience.

suz2003

steampowered wrote: »

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.

I would hope that this would be the case but they are being very persistent.

Xplosivgas

I wouldn’t spend money on a legal opinion at this stage. Sit tight and see if they send a formal letter before action.

Seems to me you would have a decent defence if they made a claim. Even if they succeeded in a claim I can’t see they could claim much by way of costs given that you only “wasted” 7 working days between indicating you’d like to book the slot and informing them you weren’t proceeding with them. Hardly dragging it out for weeks and they would’ve had ample time to re-fill the slot. So I’d say actual losses incurred are minimal.

I think most tradesmen would but a potential customers changing their mind as just part and parcel of the business until a deposit is secured. A small claims court judge would probably think similar.

Jumblebumble

comeandgo wrote: »

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.

The trader should know better and should adopt my principle
that I adopted years ago
Until you have the money in your hand the money and job do not exist and the builder is an imbecele if he thinks anyone would believe his fairy stories about turning down other work

Anyone who disagrees does not understand what a deposit is for.
All the OP has to do is to tell a court that there was no deposit paid and therefore the job was not committed.
It also will not cost the OP to defend and this is certainly better than just handing over 2K to the chancer