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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.

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0 Roy Bowdler over 6 years ago

A few years ago, I employed a recommended local builder to carry out an extension, he approached a local plumber to carry out that aspect of the works. The plumber was keen to do work, but only directly for me and not in a sub-contract role. The Plumber’s judgement proved prescient, progress ground to a halt and it became clear that the builder had diverted his energy and some of my money elsewhere, so I dismissed him. He came round a few days later, probably drunk or drugged apparently and smashed a window in retribution. Obviously the police were involved, but he denied responsibility until the very last moment, presumably hoping that the case would collapse, witnesses wouldn’t turn up or similar. A compensation order was made part of the Criminal Damage conviction, but we have never seen a penny.

We hadn’t signed a formal contract, but he was always cash positive using my money and I paid many of the bills (skips, scaffolding hire, materials, sub-contractors etc) so as far as I was concerned he was a self-employed project manager working for me. Once dismissed he claimed to have contractual entitlements, which I didn’t accept. If I hadn’t cut my losses when I did, then I would have lost many thousands more. It turned out subsequently that he had even conned the local Authority Building Inspector who had trusted him from past experience by whipping out underfloor insulation (to double charge for) at the last minute before pouring the concrete for example, where a wet underfloor heating system was intended.

Recently a friend and neighbour used another builder who was very contractual and on the whole, good quality and professional, but the cost went way beyond the initial estimate, leaving the customer scrambling to borrow money, as everything became a “variation”. They also have had to employ someone else to fix snags like a leaking upstairs shower ruining ceilings below. The average householder who probably only does something like this “once in a lifetime” isn’t in a strong position. I had found myself let down by my first choice of builder, who just no-showed having agreed to start work only a week before.

This is an example at a much larger scale involving my former company (which wasn’t spelt with a Y in Haden) https://www.building.co.uk/communities/living-in-sin-haden-young-vs-laing-orourke-midlands/3116920.article The intentions of both parties were honourable throughout and the work was carried out to a good standard, but when the client’s money runs out, before they have what they were promised; then who is willing to “stump up” ?
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0 Roy Bowdler over 6 years ago

A few years ago, I employed a recommended local builder to carry out an extension, he approached a local plumber to carry out that aspect of the works. The plumber was keen to do work, but only directly for me and not in a sub-contract role. The Plumber’s judgement proved prescient, progress ground to a halt and it became clear that the builder had diverted his energy and some of my money elsewhere, so I dismissed him. He came round a few days later, probably drunk or drugged apparently and smashed a window in retribution. Obviously the police were involved, but he denied responsibility until the very last moment, presumably hoping that the case would collapse, witnesses wouldn’t turn up or similar. A compensation order was made part of the Criminal Damage conviction, but we have never seen a penny.

We hadn’t signed a formal contract, but he was always cash positive using my money and I paid many of the bills (skips, scaffolding hire, materials, sub-contractors etc) so as far as I was concerned he was a self-employed project manager working for me. Once dismissed he claimed to have contractual entitlements, which I didn’t accept. If I hadn’t cut my losses when I did, then I would have lost many thousands more. It turned out subsequently that he had even conned the local Authority Building Inspector who had trusted him from past experience by whipping out underfloor insulation (to double charge for) at the last minute before pouring the concrete for example, where a wet underfloor heating system was intended.

Recently a friend and neighbour used another builder who was very contractual and on the whole, good quality and professional, but the cost went way beyond the initial estimate, leaving the customer scrambling to borrow money, as everything became a “variation”. They also have had to employ someone else to fix snags like a leaking upstairs shower ruining ceilings below. The average householder who probably only does something like this “once in a lifetime” isn’t in a strong position. I had found myself let down by my first choice of builder, who just no-showed having agreed to start work only a week before.

This is an example at a much larger scale involving my former company (which wasn’t spelt with a Y in Haden) https://www.building.co.uk/communities/living-in-sin-haden-young-vs-laing-orourke-midlands/3116920.article The intentions of both parties were honourable throughout and the work was carried out to a good standard, but when the client’s money runs out, before they have what they were promised; then who is willing to “stump up” ?
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