Removed

the_lunatic_is_in_my_head

DB1904 said:

the_lunatic_is_in_my_head said:

DB1904 said:

the_lunatic_is_in_my_head said:

If you haven’t been given information on the right to cancel (and didn’t walk into the traders place of business to form the contract) then the cancellation period is 1 year and 14 days.

If you cancel during the period and the trader has failed to provide the above information no payment is due.

So if the electrician has carried out the work with reasonable skill and care, the installation is fully tested and working, what are you saying?

Exactly what I've said, for a distance or off premises contract where the correct information specifically related to the right to cancel isn't provided the extended cancellation period applies and where the consumer cancels within the cancellation period and the trader has failed to provide the correct information mentioned the consumer is not bound to pay for any services, in part or in full, already received. 

Caveat being OP may have to pay for any goods supplied and I forgot to add the OP should formally cancel the contract via a durable medium. 

So what I think you're saying is anyone could cancel a contract after the work was done just because they didn't receive information on how to cancel? 

That's correct, if the trader fails to provide by durable means:

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

and/or

(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);

which covers stating part of the service would need to be paid if the consumer cancels midway, there is no obligation to pay for the service.

Also for an off premises contract if the service begins within the cancellation period but the trader hasn't sought the consumer's express consent provided by the consumer via a durable medium for the service to begin within the cancellation period, there is also no obligation to pay.

www.legislation.gov.uk/uksi/2013/3134/regulation/36

(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).

36.—(1) The trader must not begin the supply of a service before the end of the cancellation period provided for in regulation 30(1) unless the consumer—

(a)has made an express request, and

(b)in the case of an off-premises contract, has made the request on a durable medium.

The extended cancellation period is detailed here:

www.legislation.gov.uk/uksi/2013/3134/regulation/31

Cancellation period extended for breach of information requirement

31.—(1) This regulation applies if the trader does not provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2.

(2) If the trader provides the consumer with that information in the period of 12 months beginning with the first day of the 14 days mentioned in regulation 30(2) to (6), but otherwise in accordance with Part 2, the cancellation period ends at the end of 14 days after the consumer receives the information.

(3) Otherwise the cancellation period ends at the end of 12 months after the day on which it would have ended under regulation 30.

smashinglynaive

the_lunatic_is_in_my_head said:

DB1904 said:

the_lunatic_is_in_my_head said:

DB1904 said:

the_lunatic_is_in_my_head said:

If you haven’t been given information on the right to cancel (and didn’t walk into the traders place of business to form the contract) then the cancellation period is 1 year and 14 days.

If you cancel during the period and the trader has failed to provide the above information no payment is due.

So if the electrician has carried out the work with reasonable skill and care, the installation is fully tested and working, what are you saying?

Exactly what I've said, for a distance or off premises contract where the correct information specifically related to the right to cancel isn't provided the extended cancellation period applies and where the consumer cancels within the cancellation period and the trader has failed to provide the correct information mentioned the consumer is not bound to pay for any services, in part or in full, already received. 

Caveat being OP may have to pay for any goods supplied and I forgot to add the OP should formally cancel the contract via a durable medium. 

So what I think you're saying is anyone could cancel a contract after the work was done just because they didn't receive information on how to cancel? 

That's correct, if the trader fails to provide by durable means:

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

and/or

(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);

which covers stating part of the service would need to be paid if the consumer cancels midway, there is no obligation to pay for the service.

Also for an off premises contract if the service begins within the cancellation period but the trader hasn't sought the consumer's express consent provided by the consumer via a durable medium for the service to begin within the cancellation period, there is also no obligation to pay.

www.legislation.gov.uk/uksi/2013/3134/regulation/36

(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).

36.—(1) The trader must not begin the supply of a service before the end of the cancellation period provided for in regulation 30(1) unless the consumer—

(a)has made an express request, and

(b)in the case of an off-premises contract, has made the request on a durable medium.

The extended cancellation period is detailed here:

www.legislation.gov.uk/uksi/2013/3134/regulation/31

Cancellation period extended for breach of information requirement

31.—(1) This regulation applies if the trader does not provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2.

(2) If the trader provides the consumer with that information in the period of 12 months beginning with the first day of the 14 days mentioned in regulation 30(2) to (6), but otherwise in accordance with Part 2, the cancellation period ends at the end of 14 days after the consumer receives the information.

(3) Otherwise the cancellation period ends at the end of 12 months after the day on which it would have ended under regulation 30.

No court in the land is going to take that as a reasonable interpretation of the law under these circumstances.

the_lunatic_is_in_my_head

smashinglynaive said:

the_lunatic_is_in_my_head said:

DB1904 said:

the_lunatic_is_in_my_head said:

DB1904 said:

the_lunatic_is_in_my_head said:

If you haven’t been given information on the right to cancel (and didn’t walk into the traders place of business to form the contract) then the cancellation period is 1 year and 14 days.

If you cancel during the period and the trader has failed to provide the above information no payment is due.

So if the electrician has carried out the work with reasonable skill and care, the installation is fully tested and working, what are you saying?

Exactly what I've said, for a distance or off premises contract where the correct information specifically related to the right to cancel isn't provided the extended cancellation period applies and where the consumer cancels within the cancellation period and the trader has failed to provide the correct information mentioned the consumer is not bound to pay for any services, in part or in full, already received. 

Caveat being OP may have to pay for any goods supplied and I forgot to add the OP should formally cancel the contract via a durable medium. 

So what I think you're saying is anyone could cancel a contract after the work was done just because they didn't receive information on how to cancel? 

That's correct, if the trader fails to provide by durable means:

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

and/or

(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);

which covers stating part of the service would need to be paid if the consumer cancels midway, there is no obligation to pay for the service.

Also for an off premises contract if the service begins within the cancellation period but the trader hasn't sought the consumer's express consent provided by the consumer via a durable medium for the service to begin within the cancellation period, there is also no obligation to pay.

www.legislation.gov.uk/uksi/2013/3134/regulation/36

(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).

36.—(1) The trader must not begin the supply of a service before the end of the cancellation period provided for in regulation 30(1) unless the consumer—

(a)has made an express request, and

(b)in the case of an off-premises contract, has made the request on a durable medium.

The extended cancellation period is detailed here:

www.legislation.gov.uk/uksi/2013/3134/regulation/31

Cancellation period extended for breach of information requirement

31.—(1) This regulation applies if the trader does not provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2.

(2) If the trader provides the consumer with that information in the period of 12 months beginning with the first day of the 14 days mentioned in regulation 30(2) to (6), but otherwise in accordance with Part 2, the cancellation period ends at the end of 14 days after the consumer receives the information.

(3) Otherwise the cancellation period ends at the end of 12 months after the day on which it would have ended under regulation 30.

No court in the land is going to take that as a reasonable interpretation of the law under these circumstances.

Perhaps you would care to impart us with your wisdom as to the interpretation, rather than constantly adding criticism of others containing nothing of substance.

Gavin83

If you knew the price was high beforehand why didn’t you ask for a breakdown or question it? I’m not sure why so many people agree to the price, get the work done and then try and push it down.

In your shoes I’d pay the original quote and refuse to pay the extra and if they push tell them to take you to court. 

Ultimately the price is high but you agreed to it. If you’d had a problem with it you should have refused.

pinkshoes

Gavin83 said:

If you knew the price was high beforehand why didn’t you ask for a breakdown or question it? I’m not sure why so many people agree to the price, get the work done and then try and push it down.

The OP agreed to "no more than" £X. This was perhaps a worst case scenario using lots of really expensive fittings. The OP has already stated they chose bog standard fittings.

They are not trying to push the quote down, the quote does not match the work that was carried out.

born_again

>> The quote was verbal, via the builder, stating no more than £5,800. <<

So part of the problem, sounds like there has been no actual conversation with the electrician. Instead it has all been via the builder. Perhaps the OP would be better taking the problem up with the builder.

Can't see why there should not be a breakdown of the various costs from the builder. Unless the Op had said at some point they wanted to get their own quotes for the electrical work.

bris

the_lunatic_is_in_my_head said:

smashinglynaive said:

the_lunatic_is_in_my_head said:

DB1904 said:

the_lunatic_is_in_my_head said:

DB1904 said:

the_lunatic_is_in_my_head said:

If you haven’t been given information on the right to cancel (and didn’t walk into the traders place of business to form the contract) then the cancellation period is 1 year and 14 days.

If you cancel during the period and the trader has failed to provide the above information no payment is due.

So if the electrician has carried out the work with reasonable skill and care, the installation is fully tested and working, what are you saying?

Exactly what I've said, for a distance or off premises contract where the correct information specifically related to the right to cancel isn't provided the extended cancellation period applies and where the consumer cancels within the cancellation period and the trader has failed to provide the correct information mentioned the consumer is not bound to pay for any services, in part or in full, already received. 

Caveat being OP may have to pay for any goods supplied and I forgot to add the OP should formally cancel the contract via a durable medium. 

So what I think you're saying is anyone could cancel a contract after the work was done just because they didn't receive information on how to cancel? 

That's correct, if the trader fails to provide by durable means:

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

and/or

(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);

which covers stating part of the service would need to be paid if the consumer cancels midway, there is no obligation to pay for the service.

Also for an off premises contract if the service begins within the cancellation period but the trader hasn't sought the consumer's express consent provided by the consumer via a durable medium for the service to begin within the cancellation period, there is also no obligation to pay.

www.legislation.gov.uk/uksi/2013/3134/regulation/36

(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).

36.—(1) The trader must not begin the supply of a service before the end of the cancellation period provided for in regulation 30(1) unless the consumer—

(a)has made an express request, and

(b)in the case of an off-premises contract, has made the request on a durable medium.

The extended cancellation period is detailed here:

www.legislation.gov.uk/uksi/2013/3134/regulation/31

Cancellation period extended for breach of information requirement

31.—(1) This regulation applies if the trader does not provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2.

(2) If the trader provides the consumer with that information in the period of 12 months beginning with the first day of the 14 days mentioned in regulation 30(2) to (6), but otherwise in accordance with Part 2, the cancellation period ends at the end of 14 days after the consumer receives the information.

(3) Otherwise the cancellation period ends at the end of 12 months after the day on which it would have ended under regulation 30.

No court in the land is going to take that as a reasonable interpretation of the law under these circumstances.

Perhaps you would care to impart us with your wisdom as to the interpretation, rather than constantly adding criticism of others containing nothing of substance.

You post nonsense, we live in the real world, the job was quoted and done, none of that rubbish is going to get them off without paying.

The service was started by consent, all thats left is the haggling over the electrical supplies cost.

the_lunatic_is_in_my_head

bris said:

the_lunatic_is_in_my_head said:

smashinglynaive said:

the_lunatic_is_in_my_head said:

DB1904 said:

the_lunatic_is_in_my_head said:

DB1904 said:

the_lunatic_is_in_my_head said:

If you haven’t been given information on the right to cancel (and didn’t walk into the traders place of business to form the contract) then the cancellation period is 1 year and 14 days.

If you cancel during the period and the trader has failed to provide the above information no payment is due.

So if the electrician has carried out the work with reasonable skill and care, the installation is fully tested and working, what are you saying?

Exactly what I've said, for a distance or off premises contract where the correct information specifically related to the right to cancel isn't provided the extended cancellation period applies and where the consumer cancels within the cancellation period and the trader has failed to provide the correct information mentioned the consumer is not bound to pay for any services, in part or in full, already received. 

Caveat being OP may have to pay for any goods supplied and I forgot to add the OP should formally cancel the contract via a durable medium. 

So what I think you're saying is anyone could cancel a contract after the work was done just because they didn't receive information on how to cancel? 

That's correct, if the trader fails to provide by durable means:

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

and/or

(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);

which covers stating part of the service would need to be paid if the consumer cancels midway, there is no obligation to pay for the service.

Also for an off premises contract if the service begins within the cancellation period but the trader hasn't sought the consumer's express consent provided by the consumer via a durable medium for the service to begin within the cancellation period, there is also no obligation to pay.

www.legislation.gov.uk/uksi/2013/3134/regulation/36

(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).

36.—(1) The trader must not begin the supply of a service before the end of the cancellation period provided for in regulation 30(1) unless the consumer—

(a)has made an express request, and

(b)in the case of an off-premises contract, has made the request on a durable medium.

The extended cancellation period is detailed here:

www.legislation.gov.uk/uksi/2013/3134/regulation/31

Cancellation period extended for breach of information requirement

31.—(1) This regulation applies if the trader does not provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2.

(2) If the trader provides the consumer with that information in the period of 12 months beginning with the first day of the 14 days mentioned in regulation 30(2) to (6), but otherwise in accordance with Part 2, the cancellation period ends at the end of 14 days after the consumer receives the information.

(3) Otherwise the cancellation period ends at the end of 12 months after the day on which it would have ended under regulation 30.

No court in the land is going to take that as a reasonable interpretation of the law under these circumstances.

Perhaps you would care to impart us with your wisdom as to the interpretation, rather than constantly adding criticism of others containing nothing of substance.

You post nonsense, we live in the real world, the job was quoted and done, none of that rubbish is going to get them off without paying.

The service was started by consent, all thats left is the haggling over the electrical supplies cost.

All well and good saying I post nonsense  but do tell us what the legislation means then?

As for nonsense, how do you know the service was started by consent? 

Did the OP tell us they did so via durable means or did they say “nothing in writing”?

DB1904

the_lunatic_is_in_my_head said:

bris said:

the_lunatic_is_in_my_head said:

smashinglynaive said:

the_lunatic_is_in_my_head said:

DB1904 said:

the_lunatic_is_in_my_head said:

DB1904 said:

the_lunatic_is_in_my_head said:

If you haven’t been given information on the right to cancel (and didn’t walk into the traders place of business to form the contract) then the cancellation period is 1 year and 14 days.

If you cancel during the period and the trader has failed to provide the above information no payment is due.

So if the electrician has carried out the work with reasonable skill and care, the installation is fully tested and working, what are you saying?

Exactly what I've said, for a distance or off premises contract where the correct information specifically related to the right to cancel isn't provided the extended cancellation period applies and where the consumer cancels within the cancellation period and the trader has failed to provide the correct information mentioned the consumer is not bound to pay for any services, in part or in full, already received. 

Caveat being OP may have to pay for any goods supplied and I forgot to add the OP should formally cancel the contract via a durable medium. 

So what I think you're saying is anyone could cancel a contract after the work was done just because they didn't receive information on how to cancel? 

That's correct, if the trader fails to provide by durable means:

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

and/or

(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);

which covers stating part of the service would need to be paid if the consumer cancels midway, there is no obligation to pay for the service.

Also for an off premises contract if the service begins within the cancellation period but the trader hasn't sought the consumer's express consent provided by the consumer via a durable medium for the service to begin within the cancellation period, there is also no obligation to pay.

www.legislation.gov.uk/uksi/2013/3134/regulation/36

(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).

36.—(1) The trader must not begin the supply of a service before the end of the cancellation period provided for in regulation 30(1) unless the consumer—

(a)has made an express request, and

(b)in the case of an off-premises contract, has made the request on a durable medium.

The extended cancellation period is detailed here:

www.legislation.gov.uk/uksi/2013/3134/regulation/31

Cancellation period extended for breach of information requirement

31.—(1) This regulation applies if the trader does not provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2.

(2) If the trader provides the consumer with that information in the period of 12 months beginning with the first day of the 14 days mentioned in regulation 30(2) to (6), but otherwise in accordance with Part 2, the cancellation period ends at the end of 14 days after the consumer receives the information.

(3) Otherwise the cancellation period ends at the end of 12 months after the day on which it would have ended under regulation 30.

No court in the land is going to take that as a reasonable interpretation of the law under these circumstances.

Perhaps you would care to impart us with your wisdom as to the interpretation, rather than constantly adding criticism of others containing nothing of substance.

You post nonsense, we live in the real world, the job was quoted and done, none of that rubbish is going to get them off without paying.

The service was started by consent, all thats left is the haggling over the electrical supplies cost.

All well and good saying I post nonsense  but do tell us what the legislation means then?

As for nonsense, how do you know the service was started by consent? 

Did the OP tell us they did so via durable means or did they say “nothing in writing”?

I'm not buying the fact that I could have my house rewired having accepted a quote and then cancel the contract after the work has been completed. If the trader were then to take me to court I would only be liable for the amount they paid for any materials. 

the_lunatic_is_in_my_head

DB1904 said:

the_lunatic_is_in_my_head said:

bris said:

the_lunatic_is_in_my_head said:

smashinglynaive said:

the_lunatic_is_in_my_head said:

DB1904 said:

the_lunatic_is_in_my_head said:

DB1904 said:

the_lunatic_is_in_my_head said:

If you haven’t been given information on the right to cancel (and didn’t walk into the traders place of business to form the contract) then the cancellation period is 1 year and 14 days.

If you cancel during the period and the trader has failed to provide the above information no payment is due.

So if the electrician has carried out the work with reasonable skill and care, the installation is fully tested and working, what are you saying?

Exactly what I've said, for a distance or off premises contract where the correct information specifically related to the right to cancel isn't provided the extended cancellation period applies and where the consumer cancels within the cancellation period and the trader has failed to provide the correct information mentioned the consumer is not bound to pay for any services, in part or in full, already received. 

Caveat being OP may have to pay for any goods supplied and I forgot to add the OP should formally cancel the contract via a durable medium. 

So what I think you're saying is anyone could cancel a contract after the work was done just because they didn't receive information on how to cancel? 

That's correct, if the trader fails to provide by durable means:

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

and/or

(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);

which covers stating part of the service would need to be paid if the consumer cancels midway, there is no obligation to pay for the service.

Also for an off premises contract if the service begins within the cancellation period but the trader hasn't sought the consumer's express consent provided by the consumer via a durable medium for the service to begin within the cancellation period, there is also no obligation to pay.

www.legislation.gov.uk/uksi/2013/3134/regulation/36

(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).

36.—(1) The trader must not begin the supply of a service before the end of the cancellation period provided for in regulation 30(1) unless the consumer—

(a)has made an express request, and

(b)in the case of an off-premises contract, has made the request on a durable medium.

The extended cancellation period is detailed here:

www.legislation.gov.uk/uksi/2013/3134/regulation/31

Cancellation period extended for breach of information requirement

31.—(1) This regulation applies if the trader does not provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2.

(2) If the trader provides the consumer with that information in the period of 12 months beginning with the first day of the 14 days mentioned in regulation 30(2) to (6), but otherwise in accordance with Part 2, the cancellation period ends at the end of 14 days after the consumer receives the information.

(3) Otherwise the cancellation period ends at the end of 12 months after the day on which it would have ended under regulation 30.

No court in the land is going to take that as a reasonable interpretation of the law under these circumstances.

Perhaps you would care to impart us with your wisdom as to the interpretation, rather than constantly adding criticism of others containing nothing of substance.

You post nonsense, we live in the real world, the job was quoted and done, none of that rubbish is going to get them off without paying.

The service was started by consent, all thats left is the haggling over the electrical supplies cost.

All well and good saying I post nonsense  but do tell us what the legislation means then?

As for nonsense, how do you know the service was started by consent? 

Did the OP tell us they did so via durable means or did they say “nothing in writing”?

I'm not buying the fact that I could have my house rewired having accepted a quote and then cancel the contract after the work has been completed. If the trader were then to take me to court I would only be liable for the amount they paid for any materials. 

If the trader complied with their legal obligations to give you a template piece of information and either waits 14 days beginning the day after the contract was formed to start, or gets your durable consent to start within the cancellation period, then you’d have to pay. 

If the consumer doesn’t pay and the trader seeks recovery via the small claims will the court ignore the legislation?