Discuss Cancellations Within Cooling Off Period But After Work Has Started in the Business Related area at ElectriciansForums.net

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S

SW1970

Here's a good one...Domestic Customers have rights under the some legislation called "The Cancellation of Contracts made in a Consumer's Home or Place of Work etc. Regulations 2008".

Here's a hypothetical scenario:

Day 1: go and look at a fault, board is ancient and falling apart, quote customer in their home
Day 2: customer accepts quote on email
Day 3: (early) work commences, old board removed
Day 3: (late) new CU not yet installed, customer cancels contract (reason doesn't matter but assume it's not related to performance of contractor)

Customer is allowed to do this under the above legislation because it's within the 7 day cooling off period. However, the law says that Contractor can request payment for any materials provided and costs incurred. So, can bill customer for new board and time spent.

BUT, the old board is off, house is de-energised. What happens next? Should old board be put back, left switched off and with dangerous installation notice? Any thoughts out there on the best way to wrap this one up? Hypothetical example I know but I'm pushing the envelope a little. Compared to door to door salesmen selling homewares we're a little different but unfortunately the same legislation applies.

Thanks!
 
If they intend to have the work started before the cooling off period is up, then you are supposed to get get them to sign to Waive their rights to the cooling off period.
 
Hiya, yes, but the legislation states...

No contracting-out of contracts to which these Regulations apply
15.—(1) A term contained in a contract is void if, and to the extent that, it is inconsistent with a provision for the protection of the consumer contained in these Regulations. (2) Where a provision of these Regulations specifies the duty or liability of the consumer in certain circumstances, a term contained in a contract is inconsistent with that provision if it purports to impose, directly or indirectly, an additional or different duty or liability on the consumer in those circumstances.

So in law a waiver isn't valid and would be struck out. But the point is more about the electrical safety aspects. Let's say the scenario plays out, what do we do with the installation?
 
if the customer cancels the work after you have removed the old board. then you stop. then negotiate terms for reinstatment. if he won't pay for this to be done . walk.
 
But surely, that legislation is for unsolicited work, example, a roofer knocking on her door and coaxing the old dear to part with her life savings for a ridge tile
If they solicit the work off you for a call out to a fault , by making the approach themselves it surely cant apply,can it?
 
Hi Des, you're right - the solicitation point is key, I'm just pushing the envelope - what if customer is trying it on and claims sparks turned up on doorstep offering free inspection etc. telectrix is spot on with the reinstatement point. Cheers.
 
don't usually have a problem with the rotty in the van when it's time to get paid.
 
When changing a Db under the EAWR 89 Regs you are not supposed to work on a live installation and also notify the electric board who come out and basically pull the fuse out as us qualified sparks are not allowed lol (even though we do), my point being if the rules where followed you could simply pack your tools and walk away leaving everything safe as its been de-energised by the electric board. But personally i wouldnt do that i would re instate the board and condemn the installation (can spark do this?)...
 
Hello Each....

If I were you I would follow the regulations to the latter in this scenario...i.e: Definition of DANGER, 422, 634.2, 634.2, 633.2 blah blah blah so on and so fourth. And if that means putting in a new CU the so bit it.

I would also inform the power supplier and make sure the council is informed through relevant Certficiation etc. And then copy all this stuff to the person ordering the works. E.g: The punter.

Cut your losses, move on, get your money back for your CU and other stuff you spent your hard earned cash on. But not to soon as the punter may call you back when they realise that they are going to miss the next episode of Corrie as there maybe no power going to their 42" plasma.

If nothing comes of it, take the punter to the small claims, taking the email as proof of confirmation which I presume obviously gave a time and date to fit. Also take along the regulations for proof of having to fit the CU no matter what, add on an entire days pay for attending court, the entire cost of fitting the CU, and other time taken in dealing with this for your expenses and other costs incurred.

It will be a pain in the asre but its not exaclty a 42" plasma being returned within 7 days is it?!

Bonjour
 

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