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COLIN BRIGHT

  • Posts: 787
breach of contract/ cancellation
« on: December 28, 2014, 09:47:39 pm »
does anyone know the answer to this problem

had a contract with a commercial client, to be done over 2 days, we agreed the 2 dates, the day before the first date, they phoned saying they were to busy and wanted the job re arranged for "sometime next year", it was worth £786 for the first date, as you can imagine I was a bit grrrrrrrrrrrrrrrrrrr angry >:( >:( >:(. no actual contract had been signed but was wondering if I can legally get some money out of them for lack of notice?
i have spoken to the legal side of the FSB who said i can, but were not much help in how, saying every situation is different
any thoughts

Ian101

  • Posts: 7887
Re: breach of contract/ cancellation
« Reply #1 on: December 28, 2014, 10:10:12 pm »
no expert but think you would only be able to sue for any expenses incurred if any ?

Griffus

  • Posts: 1942
Re: breach of contract/ cancellation
« Reply #2 on: December 28, 2014, 11:34:45 pm »
I think you're best to just move on.   Maybe the job will come next year, maybe not.   Either way there's no breach of contract as such, not unless a formal order was received signed and returned after terms agreed.

Jennifer w

Re: breach of contract/ cancellation
« Reply #3 on: December 29, 2014, 12:29:23 am »
Unfortunately..... No contract= no comeback....

If you'd of had one in place , they probably wouldn't of cancelled.

Sorry

Jen

Alby

  • Posts: 34
Re: breach of contract/ cancellation
« Reply #4 on: December 29, 2014, 07:04:52 am »
I had a simler situation several years ago, where the company I was booked to work for cancelled the night before. I explained that it was less than 24 hours notice and everything was in place to do the job.
But they weren't interested and hung up on me.
Got some advice off trading standards they said that the company concerned were in breach of contract even though nothing was signed, all I had was an order slip was the companies head office.
The trading standards advised me to send an invoice to their head office, less materiels and fuel as you weren't using them.  So I did send in the invoice as advised, week later a phone call from head office asking why I'd invoiced them and hadn't done the work, explained that we had a verbal contract, and cancelling with less than 24 hours notice was unreasonable. Gave her the telephone number of the trading standards for her to ring. She phoned back later that day saying they would send payment.

Anyway shortly after her phone call the manager of the shop phoned me ranting and raving saying that the invoice was coming out of her budget, she then said you will have to come and clean the carpet now as I don't see why you should get paid for nothing.
Told her sorry you cancelled. Got paid a week later.


Ian Rochester

  • Posts: 2588
Re: breach of contract/ cancellation
« Reply #5 on: December 29, 2014, 07:19:01 am »
Colin, you can try invoicing them and see what happens, nothing lost.

With small one off commercial jobs like this you are not likely go get a formal contract or even a Purchase Order number, however, I always ask for something in writing or email to confirm any verbal telephone conversations, this gets rid of any ambiguity as to what was agreed, by whom and when.

You can even have a caveat in your response to say that any cancellations with less than 24 hours notice will incur full charge.

I also issue proforma invoices if I am unsure of their credit rating, this is where they pay you prior to doing any work.  Just did one last week for a commercial painting company from Liverpool who were working in this area and wanted us to pressure wash some mains gas pipes for them prior to them being repainted.

Shaun_Ashmore

  • Posts: 11382
Re: breach of contract/ cancellation
« Reply #6 on: December 29, 2014, 07:51:44 am »
You could always invoice them for cleaning products saying that you've ordered them in specially for the job as the company you buy from won't restock them cost is up to you  ;D then when they have the work done deduct the cost from the job, that could get them to ring you back to complete the work.

Shaun

Simon Gerrard

  • Posts: 4405
Re: breach of contract/ cancellation
« Reply #7 on: December 29, 2014, 08:09:00 am »
Colin,
It sounds like a bullpoop excuse which loosely translates to, 'since we booked you we've got a cheaper quote!'
You do have a verbal contract by virtue of them booking you, but it would probably be difficult, or too expensive to enforce.
It's just one of those things you have to take on the chin.
I know what my son would say if I took something like this to him.
Simon

david@zap-clean

  • Posts: 684
Re: breach of contract/ cancellation
« Reply #8 on: December 29, 2014, 08:54:42 am »
Opposite end of this scenario:

I recently quoted (one long day) for a commercial office clean, which was accepted.  After the (very tough) days work, I'd only completed 25% of the job!

I emailed them explaining why, and told them they were under no obligation to pay me for the work I'd done as I'd not fulfilled the contract.

They paid me for the work done, and said they'd re-book to complete the work after Xmas.
David @ ZapClean
www.zap-clean.com


COLIN BRIGHT

  • Posts: 787
Re: breach of contract/ cancellation
« Reply #10 on: December 29, 2014, 01:23:52 pm »
cheers for the replies everyone