work unpaid for left on site, can they charge you

willywonka1

Hi all helpers,
The fence was ordered by the customer, custom made, to be bought, not hired. We built the fence in our workshop, delivered the fence, with a few item to add to the fence later. That day was so bad raining, we just delivered, and said we would be back with other items for the fence, and dig holes and fit the fence on a better day.

But they then said they did not want. so its up against the wall, by their house in their garden. So we are taking them to court. 3 months later they say they are going to charge rent on the fence that's been ordered, but not put up.

Can they charge rent on items they have custom ordered to buy not rent, which we delivered, and was going to fit on a fine day, but then out of the blue they said they did not want anymore ???

I know persons can charge rent on items left on property, but can they charge if the have ordered the items.

Regards.

LightFlare

why don’t you just go and collect it ?

willywonka1

Hi,

To far, and its very awkward, and only just fitted. Three areas broke on the way up, we was going to make three new items in workshop, and add when fitted. If we win the court case, which is 80%, we would only have to take back up.

Regards.

born_again

So delivered Item & then customer cancelled. So what exactly are your cancelation terms?

Pretty much by default, any wood fence is custom built, unless it is a std panel fence.

Grumpy_chap

Is the £3.5k that the OP seems to be trying to claim from the customer the full quoted cost to supply and install?

OR, is the £3.5k the supply cost only?

If the OP is trying to recover the full supply & install cost that might be sufficient for the claim to fail as, so far as I can tell, the OP has supplied and delivered the fencing but not completed the installation.

Is the OP VAT-registered? If so, any claim might have to be adjusted for VAT as bad-debt relief might apply. This is a bit more complex, so ask your Accountant.

Okell

https://forums.moneysavingexpert.com/discussion/comment/81940811#Comment_81940811

So you broke the fence in three places when you were delivering it?

1 When did your customer order the fence?

2 When did you agree to deliver it?

3 When did you actually deliver it?

4 What date did you give for the bits you broke to be fixed?

5 What was the agreed price?

6 How much has the customer paid to date?

7 what are your cancellation terms?

8 Has the customer cancelled the contract?

Grumpy_chap

https://forums.moneysavingexpert.com/discussion/comment/81940933#Comment_81940933

Good spot - I had missed that in the OP's post.

So, the OP has supplied and delivered the fence, but the fence is broken in three places.

The broken fence is left leaning against a wall at the customer's property.

The broken parts have not been provided and the fence has not been fixed.

The fence has not been erected.

The customer has not paid.

The OP has commenced legal process.

I can see why the customer has not paid and simply wants the broken fence removed given the OP has failed to fix the broken fence. I rather suspect that, if it was the customer posting in this forum rather than the trader, the view might well be that the customer has nothing to worry about.

Boohoo

It might just be me but doesn't 8m of fence panels for £3.5k seem very expensive?

8m is about 4 panels.

I think the OP may be better of getting proper paid legal advice for their business on this issue.

born_again

https://forums.moneysavingexpert.com/discussion/comment/81941109#Comment_81941109

Don't think it's panels, just a 8m built wood fence. But begs the question, why not just split into parts to make it easier to transport & then fully fix on site.

pinkshoes

https://forums.moneysavingexpert.com/discussion/comment/81940811#Comment_81940811

Well that changes things.

Surely that means you have delivered a broken fence which the customer has rejected?

I would suggest writing to the customer and asking them to arrange a date for the fence to be fitted as per the contract. You need to have the correct parts ready to fit it if needs be.

You could then say in the letter that if they have changed their mind then as a gesture of good will you will try and sell the fence to someone else where they will then only be liable for your time and costs which will be approximately £££.