Advice needed on job finished today please

[Al875319]

Thank you all for the really helpful advice I've spoken to Citizen's Advice this morning just for a bit of signposting to useful legislation and they've suggested as he didn't provide any terms and conditions, the cooling off period for a distance/off premises sale will be a year and 14 days, and I can cancel the contract for poor performance under the Consumer Contract Regulations 2013. He has also suggested I can claim compensation for new tiles, as I bought those myself, and for the time to remove his work and make good ready to retile as a minor breach of contract under the I'm guessing 1 day x his day rate would be reasonable in that instance. I will let you all know how it goes.

 

[Dumbo]

Thank you all for the really helpful advice I've spoken to Citizen's Advice this morning just for a bit of signposting to useful legislation and they've suggested as he didn't provide any terms and conditions, the cooling off period for a distance/off premises sale will be a year and 14 days, and I can cancel the contract for poor performance under the Consumer Contract Regulations 2013. He has also suggested I can claim compensation for new tiles, as I bought those myself, and for the time to remove his work and make good ready to retile as a minor breach of contract under the I'm guessing 1 day x his day rate would be reasonable in that instance. I will let you all know how it goes.

So are you saying he doesn't get the right to correct his own work .

 

[Al875319]

That was their advice as of this morning. If I had already paid, I should be asking for a refund but as I haven't, I should be stating that I am terminating the contract within the cancellation period due to his poor workmanship and therefore payment will not be forthcoming. I'd not really considered whether or not it was a distance sale, but they assure me that it is and therefore I have a cancellation period which is extended as a consequence of him not providing a contract.

On a personal note, I also don't believe he has even the remotest likelihood of starting the job again from scratch and achieving the correct standard, noting the comments on here from everyone else. I would be more than happy in principle for a tradesmen to correct his own errors but I would expect those to be one or two snags, not fundamentally doing it wrong to start with.

 

[Dumbo]

I appreciate what you are saying regarding be able to work to a certain standard . But the advice you have been given is a new one to me and probably most people here also cancelling the contract after completion (although completed badly )doesn't seem to sit right.

 

[Al875319]

I appreciate what you are saying regarding be able to work to a certain standard . But the advice you have been given is a new one to me and probably most people here also cancelling the contract after completion (although completed badly )doesn't seem to sit right.

I completely understand that point of view and certainly agree that it should not be exploited. However, I have been advised that it is my best legal option to extract myself from the situation and to not require me to legally make any payments for what you have all stated is terrible work that needs redoing. I therefore don't think it is unreasonable for me to use it in this instance as I would not wish to pay anything for the work and do not see why I should have to. If it was rectifiable, I would be open to him doing so or making an appropriate adjustment to the invoice but you have all said it isn't fixable.

I would also draw a moral distinction between a professional who has made an accidental mistake in which case I wouldn't dream of following this route and someone who has knowingly done a bad job or knowingly not gained adequate experience or training to carry out such jobs, noting he is more than willing to charge me the full amount knowing he didn't finish lots of areas and those that he did finish are not correct.

 

[Dumbo]

Dont get me wrong i dont think you should pay but i think you should get a second opinion on the process of not paying after it wouldn't be the first time cab have given bad advice

 

[Spare Tool]

Very very interesting this...think I better get some T&C's drafted 😉

 

[Qwerty]

I've been banging on about tilers having clear T&C's for years

 

[On one]

Just a point regarding ''The cooling off period'' ''Distance selling regulations'' etc etc....
You go to a customers house,look at the job,go away work out a price.Telephone the customer the next day,tell him(or her) it will be xxxx amount of money but can't do it for so many weeks. The customer says he needs it done quicker than xx amount of weeks,you agree to help him(or her) out(We've all done it)
So how doe's that sit with the ''cooling off period'' Has the customer voided their rights?

 

[Waluigi]

Do a good job and nobody needs to worry.

The best tradesmen do their work as if they’re trying to please the 1% of incredibly fussy customers and very rarely will ever have a problem.