Ffs

[Diamond Pool Finishers]

Just had a second job cancel after paying a deposit of£9,100.00 pounds :32:to cover materials as it was supply and fix ,he has had the company who did the original job that has gone wrong ,out today and (according to him ) they have offerd to do the job for free ( Not sure i believe this ) so now i lose the money we were making on materials and all the f labour, is there some way we can get to keep a deposit does anyone know or at least a chunk of it as this is the second time in about 3 months we send back a £10,000.00 one earlier so we would have lost about £40,000.00 pounds worth of work due to people F us about :incazzato:.... Depressed now .

 

[Ian]

Does it state in your terms that the deposit is non returnable?

 

[Diamond Pool Finishers]

What terms we don't have any ? where would we get them from ? we should have some really now we are getting into supply and fix more !! where did you get yours Bri ?

 

[Qwerty]

What terms we don't have any ? where would we get them from ? we should have some really now we are getting into supply and fix more !! where did you get yours Bri ?

I will forward you (PM) my terms mate if you are interested. Fairly straight forward really and has all been checked and approved by Trading Standards (I'm on the Buy With Confidence scheme)

 

[Dougs Third Go]

I'd have thought that having paid a deposit, an act of mutual faith if you like, that the customer has agreed to engage you and if they pull out then the deposit is yours.

 

[Qwerty]

I'd have thought that having paid a deposit, an act of mutual faith if you like, that the customer has agreed to engage you and if they pull out then the deposit is yours.

Sadly not Doug. Trading standards explained it all to me. Serving your T&C's with your quote (or estimate) with it clearly visible then yes it's yours, but no T&C's and you're in a pickle I'm afraid. My T&C's are always attached and I get it in writing or on an email that they have been read & understood.

 

[White Room]

Same as Doug, you don't put a deposit down then ask for it back if it goes belly up....

 

[Andy Allen]

Surly your allowed to keep some of it, to cover your cost and wasted time.

 

[Diamond Pool Finishers]

I will forward you (PM) my terms mate if you are interested. Fairly straight forward really and has all been checked and approved by Trading Standards (I'm on the Buy With Confidence scheme)

Yes please mate http://viperandvine.tripod.com/sitebuildercontent/sitebuilderfiles/refunds.pdf Just been reading these , i may ask my solicitor ,just to be double sure ,just a horrible feeling having to give money back.......Please E-mail your terms Plan to thanks.

 

[Diamond Pool Finishers]

Surly your allowed to keep some of it, to cover your cost and wasted time.

Yes andy, but how -much £1000. two, five,

 

[Colour Republic]

If the deposit was for materials then supply the materials and keep your mark up.

 

[Qwerty]

Sent !

 

[Diamond Pool Finishers]

If the deposit was for materials then supply the materials and keep your mark up.

I would like to do this but He said on the telephone that they were halfway through the strip-off so hang fire on ordering the tiles until he had had the meeting today with the other guy ! do you think i,am still within my rights to order and dispatch materials and keep my mark-up Now still ????....

 

[Diamond Pool Finishers]

What can he do ? that will **** on his chips LOL

 

[Colour Republic]

This all depends on how far you are willing to take it

You have **** all because you didn't state your terms and cons in writing, however even if you don't have anything in writing you still have a verbal contract. In so much as it's your word against his/hers. That is quite powerful it seems, as I have first hand experiance of that which went to court. Not me withholding money I might add, but a desposit paid to someone else. £3k in fact on a £20K project, which I was told verbally was refundable. Fast forward 6 months when the project didn't go ahead I want the money back. They said No. I took them to court and won. Judge said give him his money back. The dirty little **** appealed, but moved it to a welsh court. The company was welsh but we did the deal in england, yet he still managed to get the appeal moved to wales... fast forward another few months and he wins the appeal. I get no money back.

Now 3K is a lot of money and the appeal court agreed he should have it. no written contract, only verbal. So he has the money and I don't. However in future when least expecting it he may need the aid in walking. If you claim an acceptable amount of damage then people wear it. Like my guy, if he would have shafted me for £500, even £1k It can be accepted. Not the whole amount.

If I was you I would claim £500-£750 non returnable. Most people would wear that on a 30k project

 

[Qwerty]

Did you get the T&C's I sent Dave?

 

[Diamond Pool Finishers]

Did you get the T&C's I sent Dave?

Yes thanks Geoff, much appreciated :hurray:

 

[Pebbs]

Dave, I am sorry to read this has happened to you, but I am going to tell you this now, and this isen't a personal attack so dont take it the wrong way. All of you can take this on board or not its purely down to how you want to run your contracts.

The rule is simple, unless you get it confirmed in WRITING, never ever, take any work as confirmed, unless you have that piece of paper. I don't care about the deposit, that means nothing in any court of law, without a order confirmation or contract. Long gone are the days when people kept their word on a handshake, these agreements don't exist anymore and the quicker people realise this the better for everyone.

Sort your terms and conditions out, and they need to read like a riot act. You need the customer/client to sign them and return them. I am deadly serious about this, if your calling yourself a professional then start behaving like one. You skip over the paperwork, and the **** hits the fan, you wont have a leg to stand on.

Even if you got issued with a letter of intent you would have been covered to a level as stated on it. That means that even if they dont want to proceed with the works, they legally have to pay you for materials/time/works done up to that level.

There are two sides to this business, getting everything in writing and legally binding, and doing the works. You simply cannot these days have one without the other.

Lynn

 

[Diamond Pool Finishers]

So what about a verbal contract then ? is this not law ?

 

[Qwerty]

A bit of a minefield to be fair mate. Have a read of the info here..... http://www.adviceguide.org.uk/england/consumer_e/consumer_protection_for_the_consumer_e.htm

In certain circumstances yes it can be binding, but open to interpretation

 

[Qwerty]

This is really what applies to you dave ........

http://www.adviceguide.org.uk/england/c_services.pdf

Notice on pg3 it mentions refunds and if the trader is in breach of contract. The same applies for t&c's. I think if contested a court may rule in the clients favour if no t&c's or contract. Worth going to citizens advice about though after all it's free

 

[Diamond Pool Finishers]

Received this today !!! .

Hi David

Thanks for this. The difference isn't great enough to complicate things so please go ahead with ordering materials.

With regards to the work involved there is one end wall and one side wall where the tiles haven't been removed yet. The pool will also have to dry out plus the walls will need to be rendered.

Please let me have a price for rendering and anything else required outside of the original quote.

I guess the key issue is your flexibility? This is the current situation so I am in your hands with regards to dates.

So at least we have the job back, just don't get some people

 

[Time's Ran Out]

 

[White Room]

Glad things worked out Dave

 

[kilty55]

good result dave