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The Electrician & Trading Standards.

Mornin' All,

                    A potential customer has reported me to the Local Trading Standards Dept.


The local Trading Standards Officer has written to me stating that I need to provide a written leaflet to all of my customers about their "Right to Cancel."


Simply, I went to do an urgent repair and was not allowed to continue. I was asked to leave as it was getting late in the day. I did make some progress on the job and left things working that were not working before. I left without payment but later sent in an invoice for my lost time. That is when the customer contacted the Trading Standard Dept.


The trading Standards officer sent me various emailed documents about Rights to Cancel a Contract. He is not taking any action on this occasion as I have not been reported before.


This mater is covered by The Consumer Contracts (Information, cancellation & Additional Charges) Regulations 2013.


After having read through the document carefully I discovered a get out of jail clause. This applies.


"Contracts where the consumer has specifically requested the trader to call to carry out urgent repairs or maintenance" apply and there is NO RIGHT TO CANCEL.


There I rest my case.


Be warned, have you got a pile of the leaflets for your customers?


Bye.


Z.






Parents

  • ... A few letters and then a County Court Claim in the Small Claims Court I believe will be best, but there is only a 50/50 chance of winning these type of cases and it involves much lost time and paperwork, and expense....


    Z.



     




    There's not much point in bothering with CCJ's (because you can't force people to pay even if you win) unless it's an amount that can be transfered to the High Court (think it's around £300+, plus approx £60 Court fees) if unpaid (as Sheriff's seem to have greater powers over Bailiff's). However, rather than raid someone's bank account to get payment (which is what they should do), all they can do is take asset's to cover the claim amount, if any are available (which is ridiculous because someone can be cash rich but asset poor). For these reason's, it could be argued that contracts only serve to benefit the customer, as they seem to have all the protective rights, with the trader having to carry the costs if unpaid; indeed, B2B trading standards told me as much, also saying that businesses are seen as being big enough and ugly enough to take care of themselves, it's the poor little customer that needs the protections.


    Also, with the soft touch Britain that we've got, if you do pursue a claim, you'll have a bunch of bleeding heart Liberal's bleating about how you are the ogre, pursuing innocent people, upsetting their mental health, but what about yours! These Liberals seem to pay no heed to if you can't, or don't want to, pay for it, don't have it done (It's theft in my book)! Therefore, personally, for values below the High Court threshold, I wouldn't even bother.


    The trick is to be fly about the customers you do work for by sniffing out the shysters (which has limitations but is better than nothing), for example, always go and look at the job, and them! detail everything in quotes (I sometime write essays as quotes, but can copy and paste to different quotes, so not that bad), get their consent in writing, on jobs over e.g. £500 get half up front or half way through (written into the contract) - it's not foolproof, but I've found that it can help weed out non-payers as they give off tell-tale signs such as don't want you to see the job first, or don't want to sign things or pay anything up front, or shuffle about when talking to them, or are evasive in specifics saying things like we can focus on that later - you have to sniff them out and be vigilant (I say you, but we all do) it never lets up, let your guard down and you get shafted. As you say, there are some nice people out there but it does pay (pardon the punn) to be cynical.


    We should do what America does and lock 'em up, for what is arguably fraud; a few nights getting three squares a day, Sky TV, an in-house Gym, Sky TV, a snooker table, an Xbox, inside loo (no more slopping out), etc, etc, may make them think about paying. What am I saying, getting all those free luxuries, of course it won't make them pay. 


    F

Reply

  • ... A few letters and then a County Court Claim in the Small Claims Court I believe will be best, but there is only a 50/50 chance of winning these type of cases and it involves much lost time and paperwork, and expense....


    Z.



     




    There's not much point in bothering with CCJ's (because you can't force people to pay even if you win) unless it's an amount that can be transfered to the High Court (think it's around £300+, plus approx £60 Court fees) if unpaid (as Sheriff's seem to have greater powers over Bailiff's). However, rather than raid someone's bank account to get payment (which is what they should do), all they can do is take asset's to cover the claim amount, if any are available (which is ridiculous because someone can be cash rich but asset poor). For these reason's, it could be argued that contracts only serve to benefit the customer, as they seem to have all the protective rights, with the trader having to carry the costs if unpaid; indeed, B2B trading standards told me as much, also saying that businesses are seen as being big enough and ugly enough to take care of themselves, it's the poor little customer that needs the protections.


    Also, with the soft touch Britain that we've got, if you do pursue a claim, you'll have a bunch of bleeding heart Liberal's bleating about how you are the ogre, pursuing innocent people, upsetting their mental health, but what about yours! These Liberals seem to pay no heed to if you can't, or don't want to, pay for it, don't have it done (It's theft in my book)! Therefore, personally, for values below the High Court threshold, I wouldn't even bother.


    The trick is to be fly about the customers you do work for by sniffing out the shysters (which has limitations but is better than nothing), for example, always go and look at the job, and them! detail everything in quotes (I sometime write essays as quotes, but can copy and paste to different quotes, so not that bad), get their consent in writing, on jobs over e.g. £500 get half up front or half way through (written into the contract) - it's not foolproof, but I've found that it can help weed out non-payers as they give off tell-tale signs such as don't want you to see the job first, or don't want to sign things or pay anything up front, or shuffle about when talking to them, or are evasive in specifics saying things like we can focus on that later - you have to sniff them out and be vigilant (I say you, but we all do) it never lets up, let your guard down and you get shafted. As you say, there are some nice people out there but it does pay (pardon the punn) to be cynical.


    We should do what America does and lock 'em up, for what is arguably fraud; a few nights getting three squares a day, Sky TV, an in-house Gym, Sky TV, a snooker table, an Xbox, inside loo (no more slopping out), etc, etc, may make them think about paying. What am I saying, getting all those free luxuries, of course it won't make them pay. 


    F

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