work unpaid for left on site, can they charge you

the_lunatic_is_in_my_head

OP regardless of anything, as far as I’m aware they can’t charge you rent. They haven’t suffered a cost or loss for the fence being there so I don’t see they would have a valid claim for that.

Grumpy_chap

https://forums.moneysavingexpert.com/discussion/comment/81942476#Comment_81942476

So, the fence was designed and constructed as three sections which join together at installation.

In addition, there were three areas where the fence broke prior to delivery.

Was that three areas of damage in just one section of the fence? Or, was there damage to each of the three sections?

If the latter, the customer might well consider the fence not fit for purpose. The customer reasonably wants a brand new fence, not a broken pile of firewood that has been fixed back into a fence.

The customer doesn't seem to have grounds to charge storage.

With regards to the 5 days between delivering the fence and trying to return to fit in better weather. Did you look at the weather forecast when delivering the fence and suggest the five day wait? Or did you wait for a dry day and then call the customer expecting to fit the fence the same day? That could be inconvenient for the customer.

In fact, why did you deliver the broken fence on a day when the weather was too bad to install? Was that helpful and convenient for the customer?

The danger is it sounds like you were taking the customer for granted.

pinkshoes

https://forums.moneysavingexpert.com/discussion/comment/81942476#Comment_81942476

Ok, so that sounds reasonable. By "broken" it was just a part that was available and needed swapping, and you were ready and available to fit the fence 5 days later when the weather had improved.

So in short, no, the customer cannot just cancel an order of a custom designed fence.

Can you confirm that this was a hand drawn design made to order, not selecting from pre-available options?

I think I would be writing a "Letter Before Action" to the customer, being VERY clear.

LETTER BEFORE ACTION

Dear <Customer>.

On <date> you ordered a custom designed fence from us that you had drawn out and designed yourself. A price of £XXXX was agreed and a contract formed. We then built this fence for you.

On <date> we delivered your fence that you ordered to your property. As the weather on this day was not suitable for fitting the fence, we contacted you five days later on <date> at <time> to arrange to fit the fence as the weather had improved.

You informed us during this phone call that you no longer wanted the fence and had changed your mind.

As this was a custom designed and built fence, we do not accept a change of mind.

Your options are to either have the fence fitted as per the contract, or as a gesture of good will, we will deduct the cost of fitting the fence from the bill, and we will leave the fence un-fitted and you can do what you wish with it.

Please pay the sum of £XXXX within 14 days and arrange for a suitable date for us to fit the fence, or please pay the sum of £XXXX (less fitting charge) and we will consider the contract fulfilled.

If no payment is received, I will be taking court action.

Best wishes,

Willy Wonka

Send something similar to the above with proof of postage. You can email a copy too. Don't put anything emotional into it. Stick to facts. I wouldn't even mention the broken element as that wasn't an issue as you had spares and couldn't have even fitted the fence on that day anyway.

I suggest getting someone to look through what you have written before sending it.

(I'm not a legal expert, just going on the facts that you have stated)

Grumpy_chap

https://forums.moneysavingexpert.com/discussion/comment/81942722#Comment_81942722

But the OP seems to have said that they have already commenced legal action, so too late for LBA?

I don't always agree with @the_lunatic_is_in_my_head around the interpretation of non-conforming products but, in this case, that seems to be so.

The OP turned up to deliver 3 broken sections of fence at a time when the customer was just going out and the weather too bad for the fence to be installed on site. A week later, which may or may not have been pre-notified to the customer, the OP returned to install the fence. By this time, the customer had decided to reject the pile of firewood.

The question really has to be asked what sort of trader goes ahead to deliver broken fences on a day when the weather is too bad to install the fence so there was no urgency and the delivery could have been delayed so allowing the trader to remedy the faults first. Would probably have been less inconvenient for the customer and resulted in a better outcome all round.

pinkshoes

https://forums.moneysavingexpert.com/discussion/comment/81942743#Comment_81942743

I believe the OP said the slight damage happened in transit and the customer was some distance away, so weather could have been find when they left and changed?!

the_lunatic_is_in_my_head

The install would be a service so if there was an argument of the install not conforming it’s usually repeat performance then price reduction. I would assume no one would offer a cast iron guarantee to install a fence on one set day at this time of year so coming back not too long later to install sounds reasonable.

I think the question is the damage, a photo probably speaks a thousand words.

If all the customer is doing is talking about rent perhaps OP will win, if the customer finds out about their rights and presents them better than OP’s claim…

I know the party making the claim is required to prove their case, I don’t know what happens with a defence from the other party.

If the customer turns up in court with 3 photos showing some damage to the fence would the court just accept that as goods not conforming?

Like I say I feel for OP, throwing away all that hard work is painful but sometimes you lose, that’s just life, question for OP would they lose more (money and time) going to court or will it be worth their while.

born_again

So we have gone from

As we were there dropping the fence off, (it was in three sections) the customer was going out, I said when we fit, there are a few small items on the gate we have in the workshop, and will easy replace. weather that week and after was so bad. Then customer (I always take a deposit, but did not this time) mail me and said there was to much pressure having a fence, and I could take it away. God the work, time, sweat, money, wood and so much I put unto this job. (No VAT)

Which sounds to me like a cancelation.

So why did you not take it away then?

To

Then a few weeks they said they did not want the fence.

So which is it?

What does the fence look like? As you could say that a 8M fence is custom built to fix the gap required, just the same if the gap was a different size.

Neighbour had a fence co come, build & fit a fence. All it is made of is std off the shelf size wood cut to length for a 3' high, 40' length. So it is a custom fence, but could be used again in any garden, with out much work.

Grumpy_chap

https://forums.moneysavingexpert.com/discussion/comment/81942930#Comment_81942930

Don't forget the lack of clarity on the extent of damage and whether this is all to one of the three sections or all sections are damaged (in the same way).

Jumblebumble

https://forums.moneysavingexpert.com/discussion/comment/81942544#Comment_81942544

If the fence is custom made it probably was built from what you call firewood

willywonka1

https://forums.moneysavingexpert.com/discussion/comment/81943126#Comment_81943126

So many questions.

All I want to know is if a person ordered a fence custom built, and fitted, that was delivered. Quite a distance and weather turned. Customer went out for shopping and left us to do the work) When left to fit at a later date, can they charge rent ???

I was not firewood at all, but, Western Red Cedar.
Regards.