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Thank you. Lastly could you tell me if the builder provided you with a notice giving you information about a right to cancel the agreement with him within 14 days of signing?
Many thanks for the above. I apologise for the delay i reverting to you over the weekend. May I continue to assist you today?
Thanks. If the builders failed to give you a notice informing you of your right to cancel the agreement made with them in your home within 14 days of the date of the contract (most contractords do not comply with this requirement) then your right to cancel is extended for up to one year and 14 days from the date you entered into the contract under the terms of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
Accordingly based upon what you say you still will retain a right to cancel the agreement at this stage. If you exercised your right to do so they would have to refund for all labour costs and any materials than those which cannot be returned by you because they have been incorporated into your home. They are not allowed to charge for any of their labour because the contract is cancelled following your notice to cancel. This means you could take a position wherebyy you refuse to pay between anything at all for their labour or such proportion as although you have no legal liability to pay you feel you would wish to pay in recognition of the work they have done but reflects the poor service you have received. In other words it places the control into your hands make a decision in this respect. Arguments about quality of work or service or otherwise do not enter into it because you are exercising an absolute legal right to cancel the whole contract if you serve a notice of cancellation.
If you wish to exercise your right you must do so within one year and 14 days of signing any contract with the builder. The effect of your cancellation means that themust refund you as above and you can make an offer of settlement you consider fair at that point sould you wish to.
They are of course likely to seek to challenge your right and threaten legal proceedings in the county court. This would be quite normal. However providig you retain a copy of your written cancellation notice, you would have what would amount to a defence to the entire of their claim less materials as above.
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Subject as above you have a right to cancel for up to 1 year and 14 days from the point you entered into the contract. Accordingly what you say is correct. You could also ask them to finish the job after you have cancelled but I would suggest in reality it is highly unlikely they would be willing to cooperate. Generally what happens if you cancel is the contractor will threaten to sue you in the county court as fee are aware of the above regulations and will not accept you have the right. Accordingly you may need to consider retaining another contractor to finish the job having served notice of cancellation in reality. In any event you can if course make them any offer you consider fair by way if settlement "as a gesture of goodwill".
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Thank you for the clarificatoin. if you do not exercise a right to cancel as discussed above, then you would be falling back upon the Consumer Rights Act 2015. s52 provides that where a contract does not expressly fix the time for the service to be performed and not say how such time is to be fixed, the contract is to be treated as including an implied term that the contractor must perform service within reasonable time and what is reasonable will be determined upon a question of fact.
what you say, the contractor has unreasonably delayed completing the work and accordingly, you have grounds for claiming breach of contract under the implied term above. As a consequence of this, you would have grounds for arguing a reduction in the price paid under the contract and your rights under section 56 of the consumer rights act. The strong argument on this front, your rights are not as absolute as they would be if you exercise a right to cancel as discussed above because under this section you would need to first prove that their actions or rather lack of actions are unreasonable under s52 and then quantify the amount you wish to reduce the bill by. However the above sections do certainly give you strong grounds to reduce the amount of the bill if they are being slow in finishing and you do not wish to cancel.
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