Job Cancelled by text

[Mouldy]

thanks Sir
but do i have any legal redress as to the discount they recieved
no contract of works was drafted, they recieved my written quotation after inspection of job and accepted it verbally
the slc and hardie backer adhesives grouts silicone sealents etc were agreed upon after discussion as to the spec of job
and my discount was offered as way of a sweetener to ensure a reasonably priced quote.
chris

Offer and acceptance. Its a legally binding contract allbeit a verbal one.

 

[mikethetile]

be carefull offering legal advice on this as your not qualified to do so

they stated in their text that they have changed their mind about having the job done at this time

would you prefer they went ahead and not have the funds to pay you

 

[Mouldy]

No, absolutly right mate. Im not a soliciter. However I know for a fact that offer and acceptance is a contract. Fact!

 

[mikethetile]

No, absolutly right mate. Im not a soliciter. However I know for a fact that offer and acceptance is a contract. Fact!

are you in scotland or england

 

[Mouldy]

England, as is the OP.

 

[Gazzer]

Please think before commenting. This forum does not condone any form of violence or criminal damge .

 

[mikethetile]

England, as is the OP.

I was asking as scottish law is different concerning verbal agreements

In England if you dont have it in writing , you dont have it

im not interested in having an argument about this, its gutting when people mess you about and then cancel at the last minute, you can put into your terms and conditions that once they accept your price they have to pay in full if they cancel within 28 days of the start date

but without a written contract im not sure what you can do

 

[The Legend; Phil Hobson RIP]

Sorry to read this Chris, I know this happens I have had it in the past.:mad2: I hope you pick something up mate

 

[Mouldy]

Not interested in having an argument either as it wont help the OP. I fully understand the Scottish law is different to English law even though we are meant to be in the UNITED Kingdom. Go figure that one!

I also didnt say it would be an easy thing to prove as there is nothing in writing. However it remains fact that offer and acceptance is a binding contract, difficult to prove as afformentioned though.

 

[Dan]

Business to Business a verbal agreement, although not solid, can be taken to court and you'd probably win. However business to domestic you need a written contract if you're to bill them for a cancellation.

 

[kilty55]

take a deposit,thats the way to stop them cancelling...if they dont agree to the deposit then it will save you any future hassle from them cancelling as they probably are at it anyway

 

[Andy Allen]

soooo.........if you had small print added to the bottom of your quotes saying something like...

by accepting this quotation you agree to the terms and conditions, if you cancle the job without giveing 14days notice then you would still have to pay the invoice in full,......would this be a binding contract......and would they have to sign it to say they have read it.... or would simply accepting the quote be enough.

 

[Dan]

You'd need to point it out to them, and probably get them to sign it too. It'd hold up in court if you had a solid cancellation policy.

The problem is though, your reputation could be tarnished if you kept suing people for money in your area.

What I'd be working on more so would be ways to stop you losing out if they did cancel. And then work on getting the % of cancellations down year on year. And just swallow any small loss that year given the fact your reputation would still be fine in years to come I'm sure you'd not actually lose out on anything during your tiling career.

Don't fall into the conservatory company type affair that are always upsetting customers when the customer cancels because they have to outlay so much you have to have good cancellation terms.

And to be honest, a job less than a grand I don't think I'd be too upset after I'd posted a nice big rant on here and cooled off. A job more than that and I'd try to speak to them at the stage between you handing your quote in, and the job start date, quite a few times. Then they have a few chances to cancel.

As for a cancellation via text, I'd just not accept it and turn up and make them feel fools. But I wouldn't count on money or getting their custom in the future.

 

[mikethetile]

soooo.........if you had small print added to the bottom of your quotes saying something like...

by accepting this quotation you agree to the terms and conditions, if you cancle the job without giveing 14days notice then you would still have to pay the invoice in full,......would this be a binding contract......and would they have to sign it to say they have read it.... or would simply accepting the quote be enough.

if you had it in yout T&C then it would give you leverage on last minute cancellations, if they accept your quote they accept your T&C

now the problem with having restrictives terms like this is it could put some people off employing you if they feel they cant cancel also if you take it to court they can apply to be relieved of that term if its unreasonable in their case

so it would only sit in the small print as a negotiating lever if they do cancel at the last minute. but if they cancel at the last minute as they realise they cant fund the job whats to be gained by suing them and as Dan has said what does that do to your reputation

cancellations happen, I turned down a bathroom retile last night as I had a decorating job booked in till the 23rd , this morning I had a call to cancel the job , I told him that was fine and not a problem and if I could be of assistance to him in the future I will happily do so. he immediatly cheered up and said he was worried about cancelling at short notice and how I would react, the reason he had to cancel is that the alterations work has grown 3 fold and wont be ready for decorating untill late Jan so can I carry on and do the quoted work then plus carry on and do the extra work as well........ result as I have another job to get finished by xmas and ive got a provisional booking now for 3rd week of Jan

 

[merlecollins]

Just avoid all this palava by getting the materials paid for in full before ordering anything