need advise on backing out of buying something

maccapacca said:
Ahh the five minute google search expert :p

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.
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I wasn't trying to claim I was an expert, I was just pointing out that the first thing it recommends inregards to verbal contracts is getting something in writing, as its clearly not water tight and will be down to how good your legal team is if it went to court and what the judge decides.

For a sum of £200 though, I doubt it will be going anywhere near one.
 
maccapacca said:
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.
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And the verbal contract was that he would tear up the Cheque if the product was too big (Or am I misunderstanding it?).

Additionally, if no go ahead was given, why would he start making it in the first place?
 
ubern00b said:
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?
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they offer 3 kinds of frame system but only had 1 to show. so he basically said it would be roughly 3.5m wide (approx as he just removed the 2nd swing section) turns out that with gap either side its over 5m. which is too big.

BuffetSlayer said:
And the verbal contract was that he would tear up the Cheque if the product was too big (Or am I misunderstanding it?).

Additionally, if no go ahead was given, why would he start making it in the first place?
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not sure myself. thats the problem with it all being verbal i guess.
 
just spoken to the guy and come up with a compromise.

he will refund the cheque minus admin charges and site visit cost (he was only down the road at the next village)

so, probably cost me £50 but i need to get confirmation of this.

thanks for the advise guys. i still feel a bit robbed though.

edit: he had cashed the cheque.... :(
 
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Does the receipt specify the dimensions? If yes, then you've no problems. If not, then he could take you to small claims and you could argue your case.

I personally think it's reasonable to give the cheque on the condition the product meets the dimensions you've discussed. If he had cashed it there and then, it would be no different. You agreed dimensions, he said he got them wrong. You get your cash back.

I also don't think his 'admin cost' is reasonable. Has he billed you for the estimate or mentioned it in discussion etc? If not, then you don't owe him a penny. The question is, do you want to split hairs over £50?

Lesson: Never hand over money until you agree what the finished product will look like.
 
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Thompson_NCL said:
Does the receipt specify the dimensions? If yes, then you've no problems. If not, then he could take you to small claims and you could argue your case.

I personally think it's reasonable to give the cheque on the condition the product meets the dimensions you've discussed. If he had cashed it there and then, it would be no different. You agreed dimensions, he said he got them wrong. You get your cash back.

I also don't think his 'admin cost' is reasonable. Has he billed you for the estimate or mentioned it in discussion etc? If not, then you don't owe him a penny. The question is, do you want to split hairs over £50?

Lesson: Never hand over money until you agree what the finished product will look like.
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he hasnt come back to me on the admin etc. for all we know it will be £20. if its more than £50 i will kick off.

yes, £50 isnt much but im up to my eyeballs in debt at the moment. so its actually a massive amount. probably mean i cant afford to let the mrs buy me an xmas pressie :(
 
Quink said:
The op says his mum wants to buy it for his son :confused:
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It also doesn't say why she's agreed to buy it. Was it a birthday or one off? It might be his mum has agreed to buy the set on the proviso that he pays her back.

Unless I'm talking in Welsh and this makes no sense, I thought that was clear from my previous post? :confused:
 
Keyboard warrior......ON.

Tell him to do one, and that your cancelling the cheque, and he can put the extra lengths of wood he's cut where the sun don't shine?


But no seriously..

just cancel the cheque, failing that just lose the deposit, have done with it.

EDIT;

seen he has cashed cheque, right plan of action message him saying, i own a conservatory company, and i've priced up a nice one for your back garden, i've already started ordering the necessary parts.. i'd just be a general **** back tbh.
 
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Not much to do now but forget about the cash, and just make sure to give him bad word of mouth any chance you get. If he doesn't live far, it'll have an effect.

He'll get whats coming to him eventually if that's how he runs his business. It's all swings and roundabouts.
 
spoffle said:
What are you sorry for?
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Its an expression of acknowledgement of the unfortunate realisation of a situation.

The OP said he didn't give the go ahead for the guy to start, yet he came around to the house and was allowed to do some work by a family member, thus that was an acknowledgement to begin, wether the OP was there or not.

If at the door the person had said "Sorry, the size is going to be no good, we are no longer interested, please return the cheque", That would likely have been the end of it.
 
Nexus said:
Its an expression of acknowledgement of the unfortunate realisation of a situation.

The OP said he didn't give the go ahead for the guy to start, yet he came around to the house and was allowed to do some work by a family member, thus that was an acknowledgement to begin, wether the OP was there or not.

If at the door the person had said "Sorry, the size is going to be no good, we are no longer interested, please return the cheque", That would likely have been the end of it.
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he didnt do any work. all he did was lay 4 bits of wood on the grass so we could see how big the perimeter would be with the safety matting. would have taken him 5 mins max.
 
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