Rogue trader ripping off in laws
Discussion
Hi,
my inlaws - in their late 70s - recently had a home improvement company round to quote on doing some fascia replacements, roof repairs and some gutter maintenance. They agreed to get the work done, trader asked for a deposit (£3k).
Subsequently, inlaws have decided that they don't want the work done by this company. Within the week they had verbally told the company this and also emailed them to confirm they didn't want the work done and to have the deposit refunded.
That was about 6 weeks ago. Deposit has not been returned and they are getting the run around. They've asked my wife to take over the discussion as it's getting too stressful for them.
What is the ultimate recourse here? In other words what escalation path should be taken if playing nice doesn't work...trading standards, small claims court?
TIA...
my inlaws - in their late 70s - recently had a home improvement company round to quote on doing some fascia replacements, roof repairs and some gutter maintenance. They agreed to get the work done, trader asked for a deposit (£3k).
Subsequently, inlaws have decided that they don't want the work done by this company. Within the week they had verbally told the company this and also emailed them to confirm they didn't want the work done and to have the deposit refunded.
That was about 6 weeks ago. Deposit has not been returned and they are getting the run around. They've asked my wife to take over the discussion as it's getting too stressful for them.
What is the ultimate recourse here? In other words what escalation path should be taken if playing nice doesn't work...trading standards, small claims court?
TIA...
I would approach the bank first, explain the situation i.e. rouge traders and see if they can cancel the cheque (although I suspect it might be too late). Other than that it's going to be small claims court, which is now mostly done online and is a simple process... Getting the company to pay up when you win on the other hand might be less simple.
Totally anecdotal so feel free to disregard but I did have somebody once tell me he had a roofer round to quote for re-thatching his cottage.
Quote came back, guy was happy so gave him the go ahead. I can't remember if any deposit was paid but I don't believe so.
Then the roofer started messing him about with start dates, REALLY dragging things out, so he told him to do one and he'd get someone else.
Long story short, original roofer took him to court as they had a contract. He won a not unsubstantial amount of money for zero work.
As your inlaws have paid a deposit, and clearly this firm will have had to have got some bits and bobs together to do the job, I don't think it's going to be as simple as telling them you've changed your mind and you want your money back. Doubly so if they don't WANT to give it back.
Based on my limited understanding of the law, as soon as your inlaws verbally accepted the quote, a contract was formed. The fact they've paid an amount of money already only serves to reinforce that.
I think if the firm want to keep the money you'll struggle to get it back.
Quote came back, guy was happy so gave him the go ahead. I can't remember if any deposit was paid but I don't believe so.
Then the roofer started messing him about with start dates, REALLY dragging things out, so he told him to do one and he'd get someone else.
Long story short, original roofer took him to court as they had a contract. He won a not unsubstantial amount of money for zero work.
As your inlaws have paid a deposit, and clearly this firm will have had to have got some bits and bobs together to do the job, I don't think it's going to be as simple as telling them you've changed your mind and you want your money back. Doubly so if they don't WANT to give it back.
Based on my limited understanding of the law, as soon as your inlaws verbally accepted the quote, a contract was formed. The fact they've paid an amount of money already only serves to reinforce that.
I think if the firm want to keep the money you'll struggle to get it back.
Edited by Centurion07 on Thursday 27th August 23:07
ninepoint2 said:
Maybe a stupid question, but why pay a £3k deposit, any work I have done on the house is always "pay after satisfactory completion". Hard to believe people are so daft these days..oh and by cheque too..oh dear!!
Thanks for that. Folks in late 70s, old guy just rolling off chemo and has been a bit unpredictable in terms of behaviour subsequently. Prior to this he would have been more in control and cautious. But yeah daft and a cheque...Centurion07 said:
Totally anecdotal so feel free to disregard but I did have somebody once tell me he had a roofer round to quote for re-thatching his cottage.
Quote came back, guy was happy so gave him the go ahead. I can't remember if any deposit was paid but I don't believe so.
Then the roofer started messing him about with start dates, REALLY dragging things out, so he told him to do one and he'd get someone else.
Long story short, original roofer took him to court as they had a contract. He won a not unsubstantial amount of money for zero work.
As your inlaws have paid a deposit, and clearly this firm will have had to have got some bits and bobs together to do the job, I don't think it's going to be as simple as telling them you've changed your mind and you want your money back. Doubly so if they don't WANT to give it back.
Based on my limited understanding of the law, as soon as your inlaws verbally accepted the quote, a contract was formed. The fact they've paid an amount of money already only serves to reinforce that.
I think if the firm want to keep the money you'll struggle to get it back.
Interesting - thanks, will need to see if anything was signed by them. They pulled out within the week...not sure if concept of cooling off period applies in such cases. Quote came back, guy was happy so gave him the go ahead. I can't remember if any deposit was paid but I don't believe so.
Then the roofer started messing him about with start dates, REALLY dragging things out, so he told him to do one and he'd get someone else.
Long story short, original roofer took him to court as they had a contract. He won a not unsubstantial amount of money for zero work.
As your inlaws have paid a deposit, and clearly this firm will have had to have got some bits and bobs together to do the job, I don't think it's going to be as simple as telling them you've changed your mind and you want your money back. Doubly so if they don't WANT to give it back.
Based on my limited understanding of the law, as soon as your inlaws verbally accepted the quote, a contract was formed. The fact they've paid an amount of money already only serves to reinforce that.
I think if the firm want to keep the money you'll struggle to get it back.
Edited by Centurion07 on Thursday 27th August 23:07
towser said:
ninepoint2 said:
Maybe a stupid question, but why pay a £3k deposit, any work I have done on the house is always "pay after satisfactory completion". Hard to believe people are so daft these days..oh and by cheque too..oh dear!!
Thanks for that. Folks in late 70s, old guy just rolling off chemo and has been a bit unpredictable in terms of behaviour subsequently. Prior to this he would have been more in control and cautious. But yeah daft and a cheque...towser said:
Interesting - thanks, will need to see if anything was signed by them. They pulled out within the week...not sure if concept of cooling off period applies in such cases.
The roofer story was a good 15yrs ago so no idea if the cooling-off period was in effect back then or if it would apply in this case.towser said:
Centurion07 said:
Totally anecdotal so feel free to disregard but I did have somebody once tell me he had a roofer round to quote for re-thatching his cottage.
Quote came back, guy was happy so gave him the go ahead. I can't remember if any deposit was paid but I don't believe so.
Then the roofer started messing him about with start dates, REALLY dragging things out, so he told him to do one and he'd get someone else.
Long story short, original roofer took him to court as they had a contract. He won a not unsubstantial amount of money for zero work.
As your inlaws have paid a deposit, and clearly this firm will have had to have got some bits and bobs together to do the job, I don't think it's going to be as simple as telling them you've changed your mind and you want your money back. Doubly so if they don't WANT to give it back.
Based on my limited understanding of the law, as soon as your inlaws verbally accepted the quote, a contract was formed. The fact they've paid an amount of money already only serves to reinforce that.
I think if the firm want to keep the money you'll struggle to get it back.
Interesting - thanks, will need to see if anything was signed by them. They pulled out within the week...not sure if concept of cooling off period applies in such cases. Quote came back, guy was happy so gave him the go ahead. I can't remember if any deposit was paid but I don't believe so.
Then the roofer started messing him about with start dates, REALLY dragging things out, so he told him to do one and he'd get someone else.
Long story short, original roofer took him to court as they had a contract. He won a not unsubstantial amount of money for zero work.
As your inlaws have paid a deposit, and clearly this firm will have had to have got some bits and bobs together to do the job, I don't think it's going to be as simple as telling them you've changed your mind and you want your money back. Doubly so if they don't WANT to give it back.
Based on my limited understanding of the law, as soon as your inlaws verbally accepted the quote, a contract was formed. The fact they've paid an amount of money already only serves to reinforce that.
I think if the firm want to keep the money you'll struggle to get it back.
Edited by Centurion07 on Thursday 27th August 23:07
I don't think there are any cooling off periods either, unless the whole thing was completely done "at distance" i.e. all over the phone or online. Finance is slightly different though.
Do you know for a fact these are rogue traders?
Regardless of anything, the company should still be engaging with your in laws, even if it's to say p
s off. What they can't do is just keep the money, complete no work and not provide a reason for doing so. Might be worth checking with your local authority/trading standards to see if they can help.Hopefully they have a name and address at least to serve court papers to if the company refuses to engage.
Camelot1971 said:
I don't think there are any cooling off periods either, unless the whole thing was completely done "at distance" i.e. all over the phone or online. Finance is slightly different though.
I think it's 14 days for anything done at home. If they did go to the company's premises then they're a bit stuffed.It gets complicated if you agreed a start date within 14 days and/or the company incurred some expense, such as in custom making windows or whatever.
Sheepshanks said:
Camelot1971 said:
I don't think there are any cooling off periods either, unless the whole thing was completely done "at distance" i.e. all over the phone or online. Finance is slightly different though.
I think it's 14 days for anything done at home. If they did go to the company's premises then they're a bit stuffed.It gets complicated if you agreed a start date within 14 days the company incurred some expense.
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