Can I change my mind?

Discussion in 'Builders' Talk' started by Dicky Heart, Oct 27, 2009.

  1. Mr GrimNasty

    Mr GrimNasty Active Member

    No need to worry ;). Who's playing who!
     
  2. chippie244

    chippie244 Super Member

    h,l&s, to use the trolls favourite phrase :)
     
  3. Dick Puller

    Dick Puller New Member

    Get a signed contract before you do another thing;
    http://www.building-contract.co.uk/

    A good Builder will not have a problem with a small works contract. You are paying the piper, so you are calling the tune!!
     
  4. Dick Puller

    Dick Puller New Member

    Another wee point, a bit off subject; Ensure the ceiling above the garage is very well insulated, as there's a big problem with heat loss through floors of rooms above garages.

    We did Plumbing & Central Heating on a site of 50 houses, with integral garages & the garage ceilings were insulated to standard Building Regs 'U' Values, that comply with LABC. The heatloss in these rooms were far higher than any ground floor rooms.
     
  5. ponty01.

    ponty01. New Member

    still not sussed it yet then boys? nightie nightie son ;)

    h,l & s - still struggling?

    IWS: Information With a Smile :)
     
  6. audi-evo

    audi-evo Active Member

    Verbal, oral, written, sent by telepathy, makes no odds.
    If you think the contract could be deemed as an "unfair contract" it ain't worth a bean!
    Check out OFT311 document or

    http://www.oft.gov.uk/advice_andresources/publications/guidance/unfair-terms-consumer/
    for a guide, available from office of fair trading website.

    Seems that although it is the norm to hold a retainer by this guys refusal to allow you this he is imposing unfair terms.
    You can't just write any old b o llox into a contract these days, it has to be "fair
     
  7. QS Jim

    QS Jim New Member

    http://www.oldham.gov.uk/builder-contract.pdf

    Click on the link, this is a basic builders contract and you can write what you want into it with regards to retentions etc...

    If your builder walks away from a written contract then that is no loss to you by the sound of it

    ALWAYS, ALWAYS, ALWAYS HAVE A WRITTEN CONTRACT - an oral contract isn't worth the paper it isn't written on!
     
  8. Dick Puller

    Dick Puller New Member

    100% agree with Jim. A small works contract will be fair to both parties.
     
  9. s.bury

    s.bury Member

    Just say,

    I really want the work done...but I might be filing for insolvency soon...I fancy an IVA to write off my loans I can't pay at the moment but it should be clear soon...I cannae pay you upfront but you could start and I'll catch up with the payments when the bankruptcy is cleared......

    You'll have no more grief....trying to backtrack out of a deal is very tricky...unless you're skint...then they'll run away!

    Steven
     
  10. ponty01.

    ponty01. New Member

    now we are getting somewhere, at least some people recognise that the difficulty of verbal, oral contracts or what ever else you wish to call them is proving they were actually made, hence those covert recordings that were mentioned can prove very beneficial!

    it is for the courts to decide if a contract is unfair under the UCTA 1977 as amended. The courts will often find in favour of the consumer if there is any ambiguity in the contract, as they are considered to be inexperienced in such matters, unlike the business that makes good use of them.

    the benefit of a good, clear and precise written contract is that both parties know the obligations of BOTH parties. this enables any suspected breach of contract to either be identified or upheld.

    IWS: Information With a Smile :)
     
  11. chippie244

    chippie244 Super Member

    Unless he has given you written notice that there is a 7 day cooling off period THERE IS NO CONTRACT. It's that simple.
     
  12. mad.max

    mad.max New Member

    Absolutely. Pretty much what I said.
     
  13. Teuchter

    Teuchter New Member

    Dicky Heart, the ball's in your court. And you'd be simply nuts to allow this inadequate and verbal 'contract' to continue.

    If the existing builder is not happy to accept a proper written contract which includes a retention until you have approved the standard of work, then he is actually very unusual and is not being reasonable. That's the best case scenario; the worst is that he's a bit of a cowboy and is only concerned about ensuring he gets the dosh regardless of anything else.

    Can you change your mind? Of course you can. What can he do about it - he doesn't have a reasonable argument.

    So PLEASE, for your own peace of mind, DO sort it out now. I'd expect the builder to say "Fair enough..." and change the instalments to include a reasonable sum to be paid after completion and when you are happy. If he is AT ALL shirty about this, then be very, very wary indeed of this guy.

    What he is expecting is unreasonable.
     
  14. fitero

    fitero New Member

    What would you do if you went into marks & spencer and said:can i buy a suit from you please:and the sales person said:yes,but only if you let me decide what colour it will be and what size you can have and when you can have it':I have a pretty good idea what you would do next
    So do it!!!.
     

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