Further woes

amancalledalex

So our workmen took the £13k that we had been quoted for.   They were quite stroppy with the outcome and stormed off. I've been doing some research and I think that we've been conned.

I wrote them  letter and this is part of it....

According to your website you give free quotes on the work to be done before the work is started. No contact details were asked for and nothing was emailed to me. Also according to your website you have a cooling off period for 14 days. This was not made clear to me. Can I point you to the legislation that covers this? To be honest I did feel slightly threatened by XXX’s attitude. He said that he and his colleagues would start the removal of the existing patio blocks and grass on Monday morning.

Saturday at 08-15 XXX and his men knock at my door and say they are ready to start. I’m shocked because I hadn’t been given any prior warning, and let them start.  I was very sleepy after a long week at work, and also caring for my wife who had been ill that week. They spent the morning clearing the garden of patio stones etc. 

I actually wish I had cancelled the job but as I wasn't given any cooling off period I didn't cancel it.  

As I didn't get the required info under the Consumer Right Act (and certainly nothing in writing!) is it worth me raising a case via the Small Claims Court?
thanks
Alex

tacpot12

There is no requirement to give you any information about the Consumer Rights Act. 

I don't see what they have done wrong - you asked for a quote, they gave you a quote. They quoted £13K, you gave them £13K, they came to start a couple of days earlier than expected. You might have wanted to cancel, but you didn't cancel. You agreed work could start. 

I think you need to be clear that weekend working is not acceptable to you (because of the neighbours) if there is going to be any noise. If they can work without using power tools, and agree to keep the noise to a minimum, I don't see why weekend working should be an issue. 

MalMonroe

Did they complete the work? 

Are you happy with the work?

Do you want a refund because something has gone wrong?

You say they quoted £13k and you must have accepted that, whether in writing or not, it's still a contract.

What would be the basis of your claim?

This seems a bit like a case of doing your best research after the horse has bolted.

I think we'd need some clearer details before offering advice but it isn't clear why you would be raising a case with the Small Claims Court. Unless you have been conned out of money and no work was done.

See info in this link - https://www.legislation.gov.uk/ukpga/2015/15/notes/division/3/1?view=plain

under 30 and 31.

To bring any claim to the small claims would cost you 5% of your claim - £650 as it's over £10k), as per info in the link here -

https://www.gov.uk/make-court-claim-for-money/court-fees

All the best with whatever you decide to do.

Risteard

amancalledalex said:

So our workmen took the £13k that we had been quoted for.   They were quite stroppy with the outcome and stormed off. I've been doing some research and I think that we've been conned.

I wrote them  letter and this is part of it....

According to your website you give free quotes on the work to be done before the work is started. No contact details were asked for and nothing was emailed to me. Also according to your website you have a cooling off period for 14 days. This was not made clear to me. Can I point you to the legislation that covers this? To be honest I did feel slightly threatened by XXX’s attitude. He said that he and his colleagues would start the removal of the existing patio blocks and grass on Monday morning.

Saturday at 08-15 XXX and his men knock at my door and say they are ready to start. I’m shocked because I hadn’t been given any prior warning, and let them start.  I was very sleepy after a long week at work, and also caring for my wife who had been ill that week. They spent the morning clearing the garden of patio stones etc. 

I actually wish I had cancelled the job but as I wasn't given any cooling off period I didn't cancel it.  

As I didn't get the required info under the Consumer Right Act (and certainly nothing in writing!) is it worth me raising a case via the Small Claims Court?
thanks
Alex

The first thing to establish is whether this was an on-premises, off-premises or distance contract.