Canceling building work

nowhereboy

Small Job booked with local builder to supply and fit an external garage door at a cost of 1.2k. We paid no deposit, signed no documents or received any cancelation rights etc. Just a verbal agreement over whatsapp to book the work in and to confirm we we’re happy with the price. 

Due to the cost of living situation and an unexpected drop in my wages we have decided to put the work off as it is not essential and the money would be better put in savings. 

We have apologised to the builder and asked if we could cancel the work (due in two weeks time), the builders tone changed quickly and is threatening small claims court to recover his losses and wants to reclaim the cost of the door. Its not made to measure, just a generic standard sized item. I would have had sympathy for his position had he not immediately began being nasty and making threats etc. 

My understanding is that we haven’t signed anything, haven’t been made aware of any cancelation rights and haven’t paid a deposit so the builder is probably just annoyed and trying his luck to recover the alleged losses. 

Would I be right in thinking he is unlikely to get anywhere in the small claims court? 

Thanks 

macman

A verbal contract is just as legally binding as a written one, the difference is proving what you actually contracted to. 
However, if it's on WhatsApp, it's not verbal, but written, and can be used in evidence.
If he has already purchased the door, then he has a valid claim. Has he?
One point in your favour is that without any consideration being paid (a deposit), it could be argued that no contract exists, but that is a point to be argued in court, should he pursue his claim.

Olinda99

you and the builder have a valid contract

if you cancel.it the builder can only claim.his actual losses, but these could be large or small depending on lots of factors

if he can't return the door then you pay him for the door but the door is yours to keep.

user1977

macman said:

One point in your favour is that without any consideration being paid (a deposit), it could be argued that no contract exists.

No, it cannot. The consideration is the price, so that requirement has been met - there's no need for any of it to actually be paid upfront.

nowhereboy

Thanks. 

In my line of work we’d be in breach of the contract if we didn’t make the customer aware of the cancelation rights or the fact they were entering into a contract. We’d also secure a deposit and issue documents. 

Had I been made aware of any of this stuff prior I’d have known where I stood in advance. 

Surely the fact I didn’t know we had a contract, along with the fact we have not paid a deposit counts for something?

I understand its rubbish to cancel a couple of weeks prior, I get it. That said everyone has to do what they have to do to get by at the moment. 

Ectophile

What I think the others have missed is that the business has failed to provide any information on how the buyer may cancel the contract.  In the absence of that information, the business hasn't got a leg to stand on.

Businesses are supposed to provide written details of the consumer's cancellation rights when making a contract.

the_lunatic_is_in_my_head

Ectophile said:

What I think the others have missed is that the business has failed to provide any information on how the buyer may cancel the contract.  In the absence of that information, the business hasn't got a leg to stand on.

Businesses are supposed to provide written details of the consumer's cancellation rights when making a contract.

Yes goods ordered at a distance or with an off-premises contract come with the right to cancel as do services.

No info means 1 year and 14 days to cancel.

Exception would be where the trader visits your home and leaves a quote, etc for you to agree to later which is classed as on-premises. With on-premises there is no right to cancel and whilst certain info must be given it doesn't have to be durable. 

OP advise the trader in writing you are cancelling your contract for both the goods and the service as per the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and if they wish to issue small claims the legislation will support your position. 

nowhereboy

the_lunatic_is_in_my_head said:

Ectophile said:

What I think the others have missed is that the business has failed to provide any information on how the buyer may cancel the contract.  In the absence of that information, the business hasn't got a leg to stand on.

Businesses are supposed to provide written details of the consumer's cancellation rights when making a contract.

Yes goods ordered at a distance or with an off-premises contract come with the right to cancel as do services.

No info means 1 year and 14 days to cancel.

Exception would be where the trader visits your home and leaves a quote, etc for you to agree to later which is classed as on-premises. With on-premises there is no right to cancel and whilst certain info must be given it doesn't have to be durable. 

OP advise the trader in writing you are cancelling your contract for both the goods and the service as per the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and if they wish to issue small claims the legislation will support your position. 

Thanks. Let me be specific to avoid any confusion.

Builder attended our home and said he’d get back to us with a price. He messaged later that day via whatsapp with a figure. We agreed to the price, he gave us a date and said he’d be in touch to arrange a specific time of arrival etc. Until todays request to cancel, we hadn’t spoke since then. This means both ourselves and the builder have a copy of this. 

Would this be classed as an offsite purchase? 

Aylesbury_Duck

No, because the builder attended your home, measured up and sent a quote.

nowhereboy

Ive read the legislation and a few articles about this. On legal websites it states if a quote is given after a visit in which the consumer takes time to decide its considered onsite, however if the consumer “immediately agrees” to the quote its considered offsite. The example given for it to be considered onsite was if the quote is left with the customer and the customer takes up the offer months later. That didn’t happen here. 

we immediately agreed on receipt of the text message following a visit to our home.    

To me this is sounding like a grey area hence the mixed responses in here. 

pinkshoes

nowhereboy said:

Ive read the legislation and a few articles about this. On legal websites it states if a quote is given after a visit in which the consumer takes time to decide its considered onsite, however if the consumer “immediately agrees” to the quote its considered offsite. The example given for it to be considered onsite was if the quote is left with the customer and the customer takes up the offer months later. That didn’t happen here. 

we immediately agreed on receipt of the text message following a visit to our home.    

To me this is sounding like a grey area hence the mixed responses in here. 

Is there a link to this legislation you're reading? Not one I recall...