14 day cooling off period when I only signed 3 days before the works to be completed

fine27

Hi all
Need some help, I recently had a builder who stated he was VAT and LTD registered for some roofing works however found out he isn't and he's lied about it. Also the work which he said he will complete is completely the wrong way of doing it. 
Today when he came in, he gave me a quote which I signed for work to be completed on Wednesday. It was only today I signed. On the quote it says they can complete the work before the 14 days cooling off period and I signed the 14 days weiver period.
Now I'm unhappy because I signed the weiver which I didn't realise.
What are my rights on this? As they seem like cowboy builders. All the others builders have stated that I shouldn't get this work completed the way this builder wants to do the roofing work

Roofer is saying I now have to pay for the material 
What are my rights on this pls?

the_lunatic_is_in_my_head

Hello OP

You can’t sign away the right to cancel, you can however sign to say a service may begin within the cancellation period and if you cancel within 14 days but after the service has begun you’d have to pay for the proportion of the service received. 

If you have the right to cancel and they haven’t done anything then you can cancel without charge. 

If they’ve started work it’s worth considering whether someone else will take on a half started job.   

Sorry just to add you can cancel the materials too, they are goods and you have the same 14 days to cancel.

user1977

fine27 said:

I recently had a builder who stated he was VAT and LTD registered for some roofing works however found out he isn't 

Do either of these things matter to you? If it isn't a limited liability company then you can sue him personally - which is better than you only being able to chase a limited company with no assets.

fine27

Hi
Thanks for your reply, it was more for guarantee purposes.. i know even a ltd company can close and the guarantee would be void...

This was on the disclaimer

I/we have agreed that work can commence before the end of the fourteen day cancellation period

 I signed today for the work to commence on Wednesday so I understand this part

I/we understand that if we subsequently cancel the contract before the end of the cancellation period, I/We have to pay for the work completed by this date

Does this mean anything? as I would rather pay a reputable company. i made a mistake here by going to this company. lesson learnt

Thanks

Okell

fine27 said:

... This was on the disclaimer

I/we have agreed that work can commence before the end of the fourteen day cancellation period

 I signed today for the work to commence on Wednesday so I understand this part

I/we understand that if we subsequently cancel the contract before the end of the cancellation period, I/We have to pay for the work completed by this date

Does this mean anything? as I would rather pay a reputable company. i made a mistake here by going to this company. lesson learnt...

Isn't that the same as what @the_lunatic_is_in_my_head has posted?

fine27

hi 
yes it is but as this was under waiving right to cooling off period, im not sure if this is enforceable as the builder currently is saying i have to pay for material which he has now bought. I'm would happly go back with a letter to state 7 days cooling off is my statutory right as per The Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2008 but i need to be sure that im right on this

Grumpy_chap

You waived the 14 days cooling off period because of an agreement to start the service sooner.  AIUI, you can still cancel before the service starts.

You do now wish to cancel.

The service on site has not yet started.  The question is whether the builder buying materials counts as starting the service.

Could you pay for, and receive, the materials anyway?  I assume you will still need the materials even if you get someone else to do the work.

the_lunatic_is_in_my_head

fine27 said:

I/we have agreed that work can commence before the end of the fourteen day cancellation period

I/we understand that if we subsequently cancel the contract before the end of the cancellation period, I/We have to pay for the work completed by this date

fine27 said:

 The Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2008 but i need to be sure that im right on this

Cancellation is covered by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and both of those clauses meet the regulations. 

Where a trader says £1000 for labour and £1000 for materials you have a mixed contract of a service contract and a sales contract, each element should treated accordingly meaning you have the right to cancel the sales contract (the materials) any time between the contract being form and 14 days after everything is delivered, no questions asked. 

Where a trader says I'll fix your roof for £2000 and there isn't a price fixed to the materials this is a transfer of goods contract. I'm not sure where the cancellation regs sit with this. 

In any event the trader can't make you pay for the materials and keep them, if they went as far as forcing payment they'd have to deliver the goods element, if they didn't it would be a breach of the contract and for a transfer of goods you'd be entitled to a price reduction for the value of the materials not delivered. . 

If they didn't breakdown the material costs on the quote, or whatever you want to call it, I doubt the trader will get into the nitty gritty of the difference so without making it too complicated I would just say to them the goods are separate from the service and you can cancel the goods element of the contract any time from when you agreed to the work up until 14 days after delivery so you don't have to pay for the materials. 

Hopefully that will be the end of it but please do post back if you need more help, or, if you can, let us know if you get a result, it's always interesting to hear how these things turn out