Paying for a service by cheque

libra10

If you ask a tradesman to call and give a quote for a job to be done, agree to have the work done and pay a deposit by cheque have you signed a contract?  Or do you have a cooling off period if you change your mind?

Jenni_D

What type of work?

What do the contract T&Cs say?

If this was a contract agreed in your home then there should automatically be a cooling off period ... but that depends on whether the T&Cs have a clause about waiving this right and the consumer agreeing to the works/service commencing immediately. (If there is such a term then it must be clear and prominent, not hidden away in small print).

the_lunatic_is_in_my_head

Assuming you agreed there on the day and didn’t visit the trader’s place of business before they came to quote this is classed as an off premises contract and there is the standard cancellation period of 14 days in most cases,  beginning the day after the contract was formed.

The method of payment or placing a deposit doesn’t affect this right.

If you give your express permission via a durable means (email, message, paper, etc) for the service to start during the cancellation period you may still cancel but have to pay for any services undertaken so far.

If the trader hasn’t given you the correct details on the right to cancel via durable means the cancellation period is extended to 1 year and 14days.

There are exceptions and the one most commonly related to ‘tradespeople’ is that emergency works, say a burst pipe, is excluded from the right to cancel. 

DB1904

the_lunatic_is_in_my_head said:

Assuming you agreed there on the day and didn’t visit the trader’s place of business before they came to quote this is classed as an off premises contract and there is the standard cancellation period of 14 days in most cases,  beginning the day after the contract was formed.

The method of payment or placing a deposit doesn’t affect this right.

If you give your express permission via a durable means (email, message, paper, etc) for the service to start during the cancellation period you may still cancel but have to pay for any services undertaken so far.

If the trader hasn’t given you the correct details on the right to cancel via durable means the cancellation period is extended to 1 year and 14days.

There are exceptions and the one most commonly related to ‘tradespeople’ is that emergency works, say a burst pipe, is excluded from the right to cancel. 

So you're still peddling the myth the OP can cancel once the work has been done?

libra10

The work is to have a new bathroom fitted.

We called at the shop and asked them to measure up and quote.  They called, asked what we want, measured up and gave a figure.  We thought about it and agreed for them to do the work.  They asked for a deposit and we signed a cheque.
We didn't sign any paperwork or see any terms and conditions.
It was all done quite quickly and thinking about it we decided it was too expensive.

libra10

No work has been done, and the cheque was given three days ago.

Jenni_D

That puts a different slant on things ... you don't have an automatic right to cancel if you went to their premises first. That doesn't mean you can't cancel, just that the company can retain from the deposit what costs they've incurred up until the notification of cancellation.

What percentage deposit did you pay? (Depending on scope I imagine the bathroom works will be at least £3k). I ask as this will determine whether them retaining the whole deposit could be reasonable. Regardless you can insist that they prove why they want to retain whatever amount they require.

pinkshoes

libra10 said:

The work is to have a new bathroom fitted.

We called at the shop and asked them to measure up and quote.  They called, asked what we want, measured up and gave a figure.  We thought about it and agreed for them to do the work.  They asked for a deposit and we signed a cheque.
We didn't sign any paperwork or see any terms and conditions.
It was all done quite quickly and thinking about it we decided it was too expensive.

As you called into the shop then this is not distance selling.

https://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations-ajWHC8m21cAk

You will be best speaking to the company and discussing it, as a contract has been formed. 

Why do you feel it is too expensive? Did you get other quotes? It IS expensive to get a bathroom fitted. 

libra10

The cost was over £10,000 and the cheque was for approximately one-third of that.  

We haven't been given a break down of costs, just an overall figure.  We are going to discuss this with them but wanted to know whether we have any rights.

Stupidly, we didn't get other quotes just agreed.

Thanks for your comments.

the_lunatic_is_in_my_head

DB1904 said:

the_lunatic_is_in_my_head said:

Assuming you agreed there on the day and didn’t visit the trader’s place of business before they came to quote this is classed as an off premises contract and there is the standard cancellation period of 14 days in most cases,  beginning the day after the contract was formed.

The method of payment or placing a deposit doesn’t affect this right.

If you give your express permission via a durable means (email, message, paper, etc) for the service to start during the cancellation period you may still cancel but have to pay for any services undertaken so far.

If the trader hasn’t given you the correct details on the right to cancel via durable means the cancellation period is extended to 1 year and 14days.

There are exceptions and the one most commonly related to ‘tradespeople’ is that emergency works, say a burst pipe, is excluded from the right to cancel. 

So you're still peddling the myth the OP can cancel once the work has been done?

Still waiting for an explanation of what the regs otherwise mean…

But I didn’t actually mention that, merely the extended cancellation timeframes that apply, unless you happen disagree with that as well?

DB1904

the_lunatic_is_in_my_head said:

DB1904 said:

the_lunatic_is_in_my_head said:

Assuming you agreed there on the day and didn’t visit the trader’s place of business before they came to quote this is classed as an off premises contract and there is the standard cancellation period of 14 days in most cases,  beginning the day after the contract was formed.

The method of payment or placing a deposit doesn’t affect this right.

If you give your express permission via a durable means (email, message, paper, etc) for the service to start during the cancellation period you may still cancel but have to pay for any services undertaken so far.

If the trader hasn’t given you the correct details on the right to cancel via durable means the cancellation period is extended to 1 year and 14days.

There are exceptions and the one most commonly related to ‘tradespeople’ is that emergency works, say a burst pipe, is excluded from the right to cancel. 

So you're still peddling the myth the OP can cancel once the work has been done?

Still waiting for an explanation of what the regs otherwise mean…

But I didn’t actually mention that, merely the extended cancellation timeframes that apply, unless you happen disagree with that as well?

Well you interpret them as an ability to get free work completed.