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Want to cancel job - tradesman says he has bought materials

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  • the_lunatic_is_in_my_head
    the_lunatic_is_in_my_head Posts: 9,558 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 17 September at 8:12AM
    He came to my house and then when I said to proceed this was over WhatsApp message
    The quote was also provided via WhatsApp message
    Unfortunately this sounds like an on premises contract OP which doesn't come with a right to cancel.

    You can of course breach the contract and as a result the trader can claim loss of profits or costs but not both, loss of profits should be mitigated (lessened) by finding another customer. 

    In terms of materials, if you wanted these shelves made out of Pink Ivory then he's unlikely to find another customer, if it's a load of off the shelf pine then maybe he will, I don't know.

    But if you end up paying for materials they should be given to you so only pay for them up delivery/collection. 

    If he wants to enforce any payment due and you refuse he'd have to go to court, a busy tradesperson should have better things to do.

    Pragmatically if you what out I'd perhaps offer to pay for the materials and see what he says. 

    There is also a side note that anything written or said by the trader is a term of the contract, if it was to be completed by mid September and now won't be until October that does seem like a breach to me. However consumer rights entitle you to a price reduction rather than treating the contract at an end AFAIK. 
    In the game of chess you can never let your adversary see your pieces
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