Deposit for a job

Trynasurvive

Alright lads? I done a job for lad which is complete, i cant put i up until during the week and rang him to say so, thats when he said to cancel it. Now i understand his crustration as i was supposed to have them done weeks ago but just didnt have the time as im an apprentice and a father so my time does be limited. He is demanding his deposit back which i think im entitled to keep as it covered the cost of material, am i roght in doin so as he is threatining me with court, should i be worried? Thanks

dudara

Not really a Consumer Issue as you are a supplier. Moving instead to E&BM

Did you have any written agreement in place with the customer?

dudara

robarmstrong

Was he made aware that he'd lose his deposit? If so then I don't think he has a case tbh.. As long as you have it in writing that he would lose his deposit upon cancellation and he agreed you should be okay.. otherwise someone else here more suitable than myself would be able to answer you better.

Asus X540L

Sounds like it's a nixer so it's up to you if you wanna keep it or not

There's no legal precedent here I think

Trynasurvive

dudara wrote: »

Not really a Consumer Issue as you are a supplier. Moving instead to E&BM

Did you have any written agreement in place with the customer?

dudara

Nowritten aggreement as it was cash for the job

Trynasurvive

robarmstrong wrote: »

Was he made aware that he'd lose his deposit? If so then I don't think he has a case tbh.. As long as you have it in writing that he would lose his deposit upon cancellation and he agreed you should be okay.. otherwise someone else here more suitable than myself would be able to answer you better.

I didnt tell him as i didnt think it was nessecary, i think its a scare tactic on his behalf because im willin to finish the job but he wants to cancel

lalababa

Trynasurvive wrote: »

Alright lads? I done a job for lad which is complete, i cant put i up until during the week and rang him to say so, thats when he said to cancel it. Now i understand his crustration as i was supposed to have them done weeks ago but just didnt have the time as im an apprentice and a father so my time does be limited. He is demanding his deposit back which i think im entitled to keep as it covered the cost of material, am i roght in doin so as he is threatining me with court, should i be worried? Thanks

What are you trying to say? What was the deposit for?

Trynasurvive

Asus X540L wrote: »

Sounds like it's a nixer so it's up to you if you wanna keep it or not

There's no legal precedent here I think

It is a nixer, would i be wise to seek legal advice?

Hitman3000

Trynasurvive wrote:

Nowritten aggreement as it was cash for the job

Do you place a value on your name? Very hard to stay in business if you attract a name as a chancer or bluffer.

Trynasurvive

lalababa wrote: »

What are you trying to say? What was the deposit for?

To cover the cost of material so i wouldnt be lect in a hole

Ultimate Seduction

You admit yourself, it was supposed to be done weeks ago. It's hardly his problem you have kids or whatever. Why did you take on the job, I'm sure you were only an apprentice and father then too. Your on the right track to becoming a stereotypical "cowboy" tradesman anyway. Give the man his money and move on.

minikin

Can you re-use materials / sell on what you've made to someone else?
(not clear what you do)

lalababa

Trynasurvive wrote: »

To cover the cost of material so i wouldnt be lect in a hole

It all boils down to the timeframe agreed to completely finish the job. If verbal contract with customer expressly stipulated the job had to be 100% complete by x date and it wasn't, then give deposit back. If not don't.

the_syco

Trynasurvive wrote: »

I done a job for lad which is complete, i cant put i up until during the week and rang him to say so, thats when he said to cancel it. Now i understand his crustration as i was supposed to have them done weeks ago

So not only are you a few weeks late, but when you have it completed, you still won't put it up?

I don't blame your client for cancelling the job, because as far as he's concerned, you still haven't done what you said you'd do. And he probably wants his deposit back for that reason.

Trynasurvive

the_syco wrote: »

So not only are you a few weeks late, but when you have it completed, you still won't put it up?

I don't blame your client for cancelling the job, because as far as he's concerned, you still haven't done what you said you'd do. And he probably wants his deposit back for that reason.

I have no bother putting it up i just cant do it till during the week, anyway i decided im gonna return the deposit as its the right thing to do and id be the same if i was him

antoinolachtnai

If the purchaser is a consumer (not a business) then it is fairly open and shut. You have not delivered an adequate level of service to meet your obligations under the consumer protection legislation. (It would be different if the delays were the result of difficulties sourcing materials or the job being more complex than expected but they weren't. The problem is that you failed to deliver.

If the purchaser is a business, it is a little tougher. But you are still in a really bad position. If he wanted, I suppose he could sue you and seek specific performance. That would obviously not be too good.

I would pay him back the deposit or somehow try to make it up to him.

martyoo

Your name is everything. It can be ruined very easily. Better just to give it back.

Avatar MIA

Personally I'd leave him have the 'product' for the deposit value. That way you've covered your materials and the purchaser has got compensation for the time slippage.

Dog walker 1234

IMHO there is fault on both sides. The OP is at fault for not being on time with the delivery of the service. However surely the recipient should have asked for the deposit back if they were not happy with the ongoing delay?

It sounds to me like the recipient is within the letter of the law but have contributed to the issue.

duffman13

Avatar MIA wrote: »

Personally I'd leave him have the 'product' for the deposit value. That way you've covered your materials and the purchaser has got compensation for the time slippage.

This is the Best solution. You'll potentially enhance your name and if materials were expensive you'll not be out of pocket other than your own labour