Then as he changed the actual agreement you should be able to get your deposit back (as has been said cancel the cheque)
need advise on backing out of buying something
- Thread starter realBabelfish
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Then as he changed the actual agreement you should be able to get your deposit back (as has been said cancel the cheque)
You've just pointed out though that your wife gave him the go-ahead. Sorry.
Deleted member 651465
Deleted member 651465
How much is the deposit?
Soldato
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Not really his problem though is it? If a 'gentlemans' agreement was made to the effect described, then the guy should tear up the cheque as agreed.
If he has started work on something without the definite knowledge that it will all fit, or receiving a definite go ahead from his client, then that is his loss.
The deposit is pointless in this situation, but only because (presumably) the tradesman has asked for one but then also said he will tear it up if the thing does not fit etc etc. It is not the client at fault here to my mind.
I would cancel the Cheque ASAP and tell him to jog on. If he wants to play deposit games he needs to start putting it in writing and getting people to sign. At the end of the day, if you have no contract with him, or have signed no paperwork you are well within your right to cancel the Cheque. Did he even give you a receipt for it? Ask him if he declared it through his books
Cheers
Buff
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its the amount of space around the frame that he wants to leave. not quite as simple as the frame being smaller.
no she didnt, she just let him lay out the sizes with bits of old decking we had so i could see it later.
£200.
Deleted member 651465
Deleted member 651465
I would argue that the deposit was given on the proviso that the dimensions you agreed would be suitable.
Given he changed the dimensions, that renders the "contract" or agreement null and void. You then begin the process again.
Think of it this way; you agree to buy a car on the condition it fits in your garage. You get home and you agree that the car will fit and agree a deposit with the dealer. The dealer then calls to say your garage is too small, and offer you a smaller car. What would you do? You'd tell them that you don't accept the terms and walk away with your deposit.
Had you simply changed your mind.. that's a different story entirely. Although, I would personally have waited to agree terms BEFORE giving a deposit, so I can understand why he's a bit annoyed.
Given he changed the dimensions, that renders the "contract" or agreement null and void. You then begin the process again.
Think of it this way; you agree to buy a car on the condition it fits in your garage. You get home and you agree that the car will fit and agree a deposit with the dealer. The dealer then calls to say your garage is too small, and offer you a smaller car. What would you do? You'd tell them that you don't accept the terms and walk away with your deposit.
Had you simply changed your mind.. that's a different story entirely. Although, I would personally have waited to agree terms BEFORE giving a deposit, so I can understand why he's a bit annoyed.
Wasn't his last message to you before that "Do you want me to go ahead?" in which case why else has he come round?
Ultimately the guy has put effort into it, but still with no contract its irrelevant.
You lose your deposit...
Thats what deposits are for.
Why he started it without consent proper measuring? It appears your dear old mum has given the go ahead for one that size that she asked you to check out. .
Your mum is at fault she loses the cash.
Anything else is wrong in my book.
RE read it all again.... Paying a deposit surely is intention of buying? The deposit secures the work to be done.
Thats what deposits are for.
Why he started it without consent proper measuring? It appears your dear old mum has given the go ahead for one that size that she asked you to check out. .
Your mum is at fault she loses the cash.
Anything else is wrong in my book.
RE read it all again.... Paying a deposit surely is intention of buying? The deposit secures the work to be done.
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Everyone saying no written contract = LOL hang him out to dry and cancel the cheque are 100% wrong and need to read up on verbal contracts especially the changes in the law late 2011 in regard to verbal contracts.
Soldato
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BUYING GUIDE 101:
NEVER PAY ANYBODY A PENNY UNTIL YOU ARE 100% CERTAIN ITS THE CORRECT PRODUCT, COLOUR, SIZE, SHAPE, ETC ETC
NEVER PAY ANYBODY A PENNY UNTIL YOU ARE 100% CERTAIN ITS THE CORRECT PRODUCT, COLOUR, SIZE, SHAPE, ETC ETC
How can something that can't be proven, as in a verbal contract (would a case of he said/she said) be mandated by law?
Are you serious ?
Lawyers and the legal system make millions out of people every year for this very reason.Under law there are two basic terms that constitute a binding agreement. The verbal agreement will be binding if there was an agreement on the services to be performed and an agreement was reached on remuneration for this service.
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Like I said read up on it you might edumacate yoruself rather than making sweeping statements that aren't true.
Are we talking thousands, hundreds or tens of pounds? Suck it up as thats what a deposit is for. However if you agreed to refund the deposit if its to big then surely thats grounds for a refund?
If you want a quick resolution just cancel the cheque.
If you want a quick resolution just cancel the cheque.
I've just done a search and it still seems pretty vague, the advice is to have something in writing:
Verbal contracts
If something goes wrong with what you’ve bought it may be difficult to prove you had a verbal contract or what the terms and conditions of the contract were.
If you make a verbal agreement with a trader, try to get something in writing showing what you've agreed. This will help if there's a dispute later on.
Regardless of whether the contract was verbal or written, if you have problems with a trader who has broken a contract, your legal rights apply. You should complain to the trader about the problem.
Ultimately if you have to result to taking action it will be a judge who makes the decision and can then only act on listening to the story of each party, rather than looking at a contract which would be clear cut.
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Ahh the five minute google search expert
There's text messages, phone records, he could have a diary with appointments and let alone a cheque that was written, there's more than enough to prove there was an intention.
I don't understand how, if it is not bespoke, the exact measurements couldn't have been given there and then and measurements done. If something isn't bespoke then its "off the shelf" and the same as any other therefore the measurements are known?