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SolicitorRM, Solicitor
Category: Property Law
Satisfied Customers: 5597
Experience:  Director and Principal Solicitor. UK
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Consumer contracts regulations 2013. A Builder and I made an

Customer Question

Consumer contracts regulations 2013.A Builder and I made an off premises contract to do some work for me, however he went to the premises and did the work with out putting the price in writing. Is it correct that I wont have to pay?
Submitted: 16 days ago.
Category: Property Law
Expert:  SolicitorRM replied 16 days ago.

Good evening, welcome to just answer,

Expert:  SolicitorRM replied 16 days ago.

I am a solicitor and reviewing your question now for you.

Expert:  SolicitorRM replied 16 days ago.

Please note that although I can guide you, just answer doesn’t provide legal representation and as such no Solicitor/client relationship is formed. Please bear with me whilst I read your message.

Expert:  SolicitorRM replied 16 days ago.

Thank you for your patience. No that is not correct, you will be obliged to pay a reasonable fee and so if his quote is reasonable you would be expected to settle it, if not reasonable you can challenge it.

Expert:  SolicitorRM replied 16 days ago.

Any follow up please do not hesitate to send your message, I am glad to assist further. All the best

Customer: replied 15 days ago.
I wasn't quoted, tho price was mentioned...its a counterclaim for an amount of money that was never mentioned...and the consumer credit act 2013 says the price must be in writing...when the trader doesn't put it in writing he is in breach, and therefore can't claim
Customer: replied 15 days ago.
a more succinct way of putting it is...the CCR mandates the information that must be supplied under an off-premises contract, which includs supplying the consumer with how they will be charged on paper or any durable method, this is a term of the contract, so it therefore should follow that failure to supply puts them in breach. conclusion can not enforce the contract??
Expert:  SolicitorRM replied 12 days ago.

Good evening, thank you for your messages. I am not aware of the Consumer Credit Act 2013, however it is not easy to fully understand the circumstances of a case where you give very minimal detail.

What counterclaim do you have? What you have descxribed to me is a Defence and I do not see what damages you have suffered in order to also file a counterclaim.

Assuming that you have got it right that you entered into an off-premises contract and that you are saying in any communications that you had no mention was made of the cost/price of the works for which you were speaking with the trader ( it is possible but you must be conscious that a price communicated to you even though it is not in the contract document  would satisfy Schedule 2(n) as long as you knew the price from the contractor but if no mention at all was made then my guidance below applies to your situation)

What you ought to correctly make reference to and rely to is The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and your Regulation to quote is Regulation 6 which states :

(6) The consumer bears no cost for supply of the service, in full or in part, in the cancellation period, if—

(a)the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, or the information on payment of that cost required by paragraph (n) of that Schedule, in accordance with Part 2, or

(b)the service is not supplied in response to a request in accordance with paragraph (1).

Customer: replied 11 days ago.
he made up the hourly rate after a claim was filed, he had never communicated it, it was just made up
Customer: replied 11 days ago.
you have made a few assumptions, all wrong.
I brought a claim for faulty goods, the respondent filed a counterclaim for day rates (12 months later) for a rate that had never been discussed, verbally or in writing.
Expert:  SolicitorRM replied 11 days ago.

Sir/ma’am I work with you information and where I have misunderstood if you clarify I am more than happy to review. I have clearly said where I have assumed. Feel free to say all the relevant information and I can look at it to save time and cost.

Customer: replied 11 days ago.
I have already told you. I filed a claim for defective goods and services, he then filed a counter claim for services with a value never mentioned before, or discussed, or evidenced on writing any where, it was a random counterclaim designed to off set against the claim in my POC
Expert:  SolicitorRM replied 10 days ago.

Your Defence to such a counterclaim therefore would have nothing to do with it being an off-premises  contract. It's simply asserting the fact that the contract did not include a term for hourly rate and therefore it is denied that the rate stated was ever communicated and if it had it would have been declined.