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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3695
Experience:  Solicitors 2 years plus PQE
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fencing company quoted to replace fencing at our house, visited

Resolved Question:

fencing company quoted to replace fencing at our house, visited site at 6pm one evening. we agreed a price verbally but asked for it in writing. fencer said fence shortage he wouldn't have fencing for a couple of weeks or so and he would call me when he knew he could get the fencing. we agreed that he would call me first. overnight I had second thoughts about their workmanship and at 7 am the next day I texted to say we weren't going ahead. they now say they managed to get the fencing the same night they visited us and are demanding £400 or at least half towards the cost of the fence. we have said no. they are still calling us.
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

My name is XXXXX XXXXX I will assist you.

As they came to your house to offer the service you are entitled under the cooling off period to cancel the service.

I would write (must be in writing) to these people and say that you dispute a contract was ever concluded and deny any money was owing. You refuse to make any payment and if they continue to chase you, you will deem unlawful harassment under S.40 of the Administration of Justice Act 1970 and reserve the right to either report them to the police and/or trading standards www.tradingstandards.gov.uk

I look forward to hearing from you.

Kind regards

AJ
Customer: replied 3 years ago.


thanks - they are saying it was a verbal contract therefore legally binding but we cannot believe from 6 pm to 7 am they managed to purchase 10 panels of fencing (they claimed another customer cancelled). to be sure before we do write, they cannot say we have a verbal contract? we did agree to the price but then had second thoughts about them doing the job (and now we know why!)

Expert:  Alex J. replied 3 years ago.
Hi

Thank you.

Potentially it could be binding but you have to consider the following:

1. Even if it is binding they cannot say they have incurred a cost when previously they said it would take three weeks. So what is their loss for your breach? It is nothing.

2. You engaged them in your own home so you are legally entitled to cancel the service within 7 days.

Kind regards

AJ
Customer: replied 3 years ago.


their office phone number diverts to their mobile number - they won't give me an address/we can't get an address. they insist they paid their fencing supplier the night they came to visit our house as they called up and someone had just cancelled

Expert:  Alex J. replied 3 years ago.
Hi

Thank you.

Just tell them over the phone and keep a record of the conversation.

By not giving you their address they are breaching trading disclosures potentially so I would report them Trading Standards anyway.

Kind regards

AJ
Customer: replied 3 years ago.


thank you - they have amazingly managed to find someone else to take the wood they said they bought for us as soon as we mentioned letter an trading standards! thanks for your help

Expert:  Alex J. replied 3 years ago.
Hi

No problem.

That is great news.

If you have any further questions let me know.

I would be most grateful if you had a moment to leave me some feedback.

Kind regards

AJ
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