work unpaid for left on site, can they charge you

eskbanker

https://forums.moneysavingexpert.com/discussion/comment/81945307#Comment_81945307

That wording sounds very loose and non-committal ("we might fit some…", "…next time we pop up"), which is why posters have previously been seeking details about the timescales involved, from date of order, through first installation visit and subsequent corrective attendances, to purported order cancellation and then letter before action, etc - these really matter when establishing the legalities of what's happened, and if you're vague about them then it inevitably casts doubt on the strength of your position.

I don't know if your posting of that solicitor link was in response to my suggestion that you were sharing AI content - the wording you'd quoted doesn't appear on that page but have you actually engaged them?

Okell

https://forums.moneysavingexpert.com/discussion/comment/81945768#Comment_81945768

That's a good point.

But i think the OP's problem is that he hasn't "completed" the job.

At some unknown date he delivered a broken fence to a customer and said that "maybe" he'd come back at another unknown later date to "maybe" fix the damage and "maybe" to fit it.

I suspect the customer has got so hacked off with the OP's conduct that the customer has contacted the OP and told him that if he doesn't get his act together and get everything fixed ASAP then the customer will start charging the OP a storage fee for the three useless bits of wood he left behind.

Rather than asking whether the customer can charge "rent" the OP needs to pull his finger out and get the fence fixed and fitted.

But as the OP can't be bothered to give any useful information or a timeline of events nobody is really any the wiser.

This thread is a perfect example of OPs wasting contributor's time by failing to answer straightforward questions and by failing to give clear information

pinkshoes

https://forums.moneysavingexpert.com/discussion/comment/81945307#Comment_81945307

Without wanting to be rude, your standard of English and grammar isn't great, which is making it very difficult to articulate the scenario for others to determine exactly who has what rights.

If the fence was delivered as per the order, and was unable to be fitted due to the bad weather, then no, the customer cannot reject it, nor can they charge you storage.

If the fence was delivered broken, then yes they can reject it for a full refund, and charge you storage if you haven't taken it away.

The "grey" area is when it is a custom built item which has a minor issue upon delivery, which in this case I think applies to this scenario, although it is not 100% clear from what you have written. e.g. it just needed a small part swapping out which you had in stock, and as the weather wasn't suitable to fit the fence, you were going to have to return another day to do this anyway. In which case this would NOT be a sufficient enough reason for a customer to reject the item.

The issue lies with what you have written. If you're delivering a fence a considerable distance, then you would usually plan to fit it the same day. I assume the weather when you left was fine, but at the location it was awful? What specific weather can you not fit a fence in?!?

Regardless, I would suggest getting some help before putting anything in writing. I've already written you a template for a letter before action, but I think you might have already sent one? Again, it's not clear…

the_lunatic_is_in_my_head

https://forums.moneysavingexpert.com/discussion/comment/81945768#Comment_81945768

Usually the nonconformity of goods is considered at the point of delivery, OP has a mixed contract (goods and services) and I think they are treated separately.

If the customer was given a price for both fence and install without it being broken down I think it's a transfer of goods rather than a sales contract but I think the CRA treats both a transfer of goods and a sales contract the same.

A lot of "thinking" there, happy to be corrected on anything.

the_lunatic_is_in_my_head

Quoting Pinkshoes "If the fence was delivered broken, then yes they can reject it for a full refund, and charge you storage if you haven't taken it away"

I don't think they can, the remedy for the customer is a refund which should be given within 14 days of being agreed by the trader that it is due (matter of fact/without undue delay), if the refund is made in accordance with this and the customer still has the goods my understanding is they become an involuntarily bailee which is a thankless task without reward.

Damages are always an option for breach of contract but I can't see any here for having a fence left in your garden 🙂

born_again

https://forums.moneysavingexpert.com/discussion/comment/81946526#Comment_81946526

Pretty sure from OP previous post. Nothing was paid up front. Which would mean no refund due.

So given that & OP was aware that customer cancelled, & OP has never been & collected broken goods. Does that mean they can claim for storage?

the_lunatic_is_in_my_head

https://forums.moneysavingexpert.com/discussion/comment/81947035#Comment_81947035

No I don’t think they claim storage either way in any situation really (unless terms were drafted to agree to pay storage in such a situation, which is obviously doubtful here).

Jumblebumble

https://forums.moneysavingexpert.com/discussion/comment/81946515#Comment_81946515

I think the OP just needs to assert that component parts of the fence were delivered which at that stage do not conform to the contract and that the complete fence cannot be considered delivered until it is fully constructed

I also suspect that no one ( including the most qualified barrister in the world) can possibly advise what interpretation a district judge is going to take as two different DJs could easily come to two different rulings

lincroft1710

Customer can claim for storage, but in order to stand any chance of being able to enforce payment they should give the OP reasonable notice that if the fence is not removed within a reasonable time frame, they will charge storage fees. The fees must of course be reasonable, given the space taken up and any inconvenience caused. It is highly doubtful that the customer would actually bother to do this.

I would suggest to the OP that unless they have made a complete bodge of this fence and/or seriously inconvenienced/annoyed the customer, that they try to work with the customer, by perhaps reducing the price of the item and offering free installation so that the matter comes to a mutually satisfactory conclusion

the_lunatic_is_in_my_head

https://forums.moneysavingexpert.com/discussion/comment/81947664#Comment_81947664

That text came from a storage container type company which is different to the OP's situation, a lot of the info online relates to tenants leaving property behind which again is different, these kinds of businesses have a cost in dealing with the matter and storing the items.

I'm not sure if OP's customer is an involuntary bailee (as we aren't sure why the customer has cancelled, whether they can or not or exactly what's wrong with the fence) but if people could charge storage then anytime someone on here says "I got sent a PS5 instead of a box of screws can I keep it" they'd be told no but you can charge storage. It just doesn't fit to my mind (that's not to suggest I'm correct, if there is a legal reference to this it would be interesting to hear, perhaps @A_Geordie has thoughts).