Payment for materials

MattRichards789

I have a flat roof above my kitchen and it needed to be replaced as it had started to rot. I contacted a few different builders to give me a quote, one replied almost immediately saying he had someone in the area who could take a look today. The builder came and looked then called the boss to give me the quote over the phone. I felt the quote was inflated but agreed as I felt pressured into a decision. The quote was given on Friday with a view to start the work on Monday. I received more quotes on Saturday and one was cheaper than the one I had agreed. I called the first builder to tell him I no longer needed him to carry out the work as I now had a cheaper quote. The first builder is trying to charge me for the materials he has bought to do the job. I told him they can be returned or used on another job but he is insisting that I pay for them. This feels wrong but I'm not sure where I stand. Any help is appreciated. 

Diamandis

You agreed to a contract, you can't just cancel it for no reason. Maybe offer to purchase the materials from him? 

Aylesbury_Duck

Call his bluff.  Tell him to deliver the materials, with his paid invoice and once you've checked they're needed for your job, you'll reimburse him, with a small amount on top for the trouble you've put him through.

Flight3287462

I can't believe the OP has the brass neck to come on here with this.  OP has agreed a contract, but wants to wriggle out.  That is not the way it is done, get all your quotes in then appoint a builder.

You felt pressured because you have left it too long to arrange repairs.

MattRichards789

The repairs could be done at any time. The pressure was from him asking me to make a decision while still on the phone not allowing me time to consider other options. Looking back this was the mistake I make I should have told him no and waited. 

Flight3287462

MattRichards789 said:

The repairs could be done at any time. The pressure was from him asking me to make a decision while still on the phone not allowing me time to consider other options. Looking back this was the mistake I make I should have told him no and waited. 

Indeed.  What time of day was it when you spoke to him?  If he was aggressive then fall back on AD's suggestion.

I would be suspicious of any  tradesman (unless I knew him) who was free at the drop of a hat.

MattRichards789

It was around 11:00. Thats fair I have asked to see his invoice for purchasing the materials. 

unholyangel

What did he give you in writing? 

Did you expressly request (on a durable medium) that he start providing the service before the end of the cancellation period?

Have a look at off premise contracts under the consumer contracts (information, cancellation and additional charges) regulations. 

If he hasn't complied with those, tell him to take a hike. 

unholyangel

Hunyani_Flight_825 said:

I can't believe the OP has the brass neck to come on here with this.  OP has agreed a contract, but wants to wriggle out.  That is not the way it is done, get all your quotes in then appoint a builder.

You felt pressured because you have left it too long to arrange repairs.

Personally, i can't believe your brass neck. You clearly don't know the first thing about consumer rights, but you're not letting that stop you from belittling the OP.

This is a consumer rights forum. It sounds like the trader has not remotely complied with their obligations. Yet you're saying the OP has a brass neck for doing exactly what consumer rights allow you to do? 

MattRichards789

unholyangel said:

What did he give you in writing? 

Did you expressly request (on a durable medium) that he start providing the service before the end of the cancellation period?

Have a look at off premise contracts under the consumer contracts (information, cancellation and additional charges) regulations. 

If he hasn't complied with those, tell him to take a hike. 

We had no agreement in writing not a quote or otherwise.

The start date was decided by him not me. The urgency to start the job came from him. 

unholyangel

MattRichards789 said:

unholyangel said:

What did he give you in writing? 

Did you expressly request (on a durable medium) that he start providing the service before the end of the cancellation period?

Have a look at off premise contracts under the consumer contracts (information, cancellation and additional charges) regulations. 

If he hasn't complied with those, tell him to take a hike. 

We had no agreement in writing not a quote or otherwise.

The start date was decided by him not me. The urgency to start the job came from him. 

Then definitely tell him to do one. 

For an off-premises contract they need to provide certain information on paper (or another durable medium, but only if you agree to it....otherwise it needs to be paper). Part of this information includes that you have the right to cancel for a minimum of 14 days (if trader does not comply with providing the information then cancellation period is extended up to 1 year & 14 days) from when the contract is entered into. Another part of this information is that if you have made an express request in a durable medium to begin the service within the cancellation period, that you will be liable for the cost of services performed from the date the service began until you cancel and that you lose the right to cancel once the service is performed in full. That is s10 of the CCRs. There is also s12 which states they need to provide a copy/confirmation of the contract on paper (or as above, another durable medium if you agree to it) before beginning performance. 

On top of that, you have s36(6) which explicitly states you are not liable for costs incurred performing the service if the trader fails to provide you with that information or the service was supplied without you expressly requesting that it begin.

You would only need one of those to apply to not be liable. Both seem to apply in your case.