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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69367
Experience:  Over 5 years in practice
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i built a garage conversion for £22,000.00 ,the customer has

Customer Question

i built a garage conversion for £22,000.00 ,the customer has paid £17,000.00 and has been making false allegation in a bid not to settle her bill.the contract was completed in may this year.the contract was the price of the job and 4 stage paymants which they have paid 2 of them,i have now received a letter from trading standards stating my contract is now not enforceable as i did not give them the right to cancel the contract in writing at the start of the job,does this mean ive have lost £5,000
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Were they given the right to cancel?
Customer: replied 3 years ago.


no not in writting, i gave a price they agreed

Expert:  Jo C. replied 3 years ago.
It depends.

Was the original deal done at the customer's home?

Did you give them the right to cancel?

Was the work made to specification?
Customer: replied 3 years ago.

FOR JOM01972 I GAVE THEM A QUOTE WHICH WAS WRITTERN IN MY OFFICE AND THEY PHONED ME 5DAYS LATER AND EXCEPTED ,THEY GOT MY NUMBER FROM A NIEGHBOUR. CALL ME ROUND THERE HOUSE WANTING A GARAGE CONVERSION THEY SAID THEY LIKED MY WORK I HAD DONE AT THE NEIGHOURS HOUSE AND WANTED MY SERVICES, THE WORK WAS BUILT TO THERE OWN DRAWINGS SPECIFCATION. AND BUILDING REGULATION OF COURSE THEY WERE HAPPY FOR ME TO START WORK

Expert:  Jo C. replied 3 years ago.
So, did you give them any notification of rights to cancel?
Customer: replied 3 years ago.

FOR JOM01972 yes but not in writting

Expert:  Jo C. replied 3 years ago.
On the face of it here, rights to cancel do not arise.

This was not a home sale as the deal was agreed at your place of business. Even if you discard that and presume the deal was done in the customer's home, these were goods made to specification and so you do not have to offer cancellation rights under the distance selling regulations.

Obviously though, you do not know what the customer has said to Trading Standards. Sometimes people do lie. If this were a doorstep sale then failing to give them written notice of the right to cancel would be an offence I'm afraid.

If this comes right down to a dispute over fact between you and the customer in court though, the Court is not going to like the fact that the customer has benefitted from your work and is trying to escape making payment.

Hope this helps. Delighted to continue but please remember to rate my answer.
Jo C., Barrister
Category: Law
Satisfied Customers: 69367
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

FOR JOMO1972 COULD YOU PLEASE EXPLAIN A LITTLE FURTHER

Expert:  Jo C. replied 3 years ago.
Yes, what did you want to know?
Customer: replied 3 years ago.

FOR JOMO1972 sorry i didnot notice your replys are coming up on spam, what part of selling of distance do i come under

Expert:  Jo C. replied 3 years ago.
As I said, on the face of it they don't arise because the deal was done on your premises and anyway it involved goods made to specification.
Customer: replied 3 years ago.


thanks you

Expert:  Jo C. replied 3 years ago.
No problem. All the best.

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