I had a quote from a fencing company to replace 8 fence panels, i was happy with the quote and my response was "We'd like to go with this option, what dates would you be available? The company's response was "Thank you for your acceptance, we have processed your works onto our system. The admin team will be in touch with a date 2 weeks prior to install."
We waited weeks but had no date from the company, In the meantime my Neighbor (who has been very understanding but was tired of looking at a broken fence) said that he knew someone who could do it immediately (and slightly cheaper) i agreed and the fence was up a week later. very happy with the work and the price.
8 weeks after accepting the quote from the original fence company and they finally ask if they can start work in 2 weeks, I replied and said that due to lack of communication I'd gone elsewhere and no longer required their services. They replied that by accepting their quote i was bound by their T's&C's and had to pay for materials purchased for the work.
I've refused to pay and now they are threatening me with the small claims court.
Long story short, I have not paid anything to them, they have NOT done any work at my property and NOT supplied any materials/goods, their T's&C's do NOT give me a 14 day cooling off period nor did they ever mention one when giving the quote, I did NOT order specially made items (only standard fence panels).
This is their T's&C's that I'm supposedly bound by:
Upon acceptance of quote specially made items will be produced, including but not limited to: Panels, Gates & Trellis and non-stock items will be ordered from outside suppliers. If such items have been processed for your order and installation is cancelled, you will be liable to cover these costs and in the circumstances of cancellation being of short notice a cost will be incurred to cover labour that would have been assigned.
So my questions are, Am i bound by these T's&C's ? or because i never received a date are they not yet enforceable, Am i to believe that they could have taken all the time they want and I would still be bound by them ? and should I have been given a 14 day cooling off period and because i wasn't I get 12 months and 14 days as per Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
I have now sent a recorded letter officially canceling the work
Any insight or thoughts appreciated.