help please non paying customer. anyone understand the consumer rights act?

[se7enthdevil]

hi all, i make custom turned skittles and balls for a living and have just had a customer say that they no longer want them.

 

i'll be honest and say the the "consumer rights act 2015" which replaced the "sale of goods act 1979" goes over my head a bit.

 

my understanding of it says that they do not have the right to cancel the order as it is custom made for them https://www.businesscompanion.info/en/quick-guides/distance-sales/consumer-contracts-distance-sales#Righttocancel

 

however, there is another bit saying that there is a right to cancel as a deadline had been missed.

https://www.businesscompanion.info/en/quick-guides/goods/the-sale-and-supply-of-goods#Thecontract

 

 

i should point out that i thought the deadline was 29th and i contacted him on the 22nd requesting he pay and collect and heard nothing till i contacted him again last night.

 

in no email traded between us can i find mention of a deadline date.

 

 

he made no effort to contact me to say that the deadline was looming and where were his pins.

 

any ideas as to who is in the right here???

 

 

 

any help would be appreciated as it's alot of money to me (over £600) and i can't sell the items to another customer as they are custom made to his specifics...

[Graham]

You say you thought you had a deadline but don't have any written evidence? Maybe it was just verbally.

 

As I see it if you take him to court then it's going to be a tit for tat affair and you'll end up throwing money away. Sometimes it's better to take it on the chin and walk away.....learn a lesson for next time and get everything in writing.

 

Been there etc.

[eagleye]

lesson learnt for custom made stuff get the money up front or at least enough to cover your time and materials

can they not be turned down to make a smaller standard size skittle

you might want to disregard the last comment as i know FA about skittles or wood turning

[Ian Leach]

He is liable to pay as its a customised item, no record of deadline so that an be argued either way.

I always take a none refundable deposit too to at least cover materials , did you send a quote.

[Starscream]

I dunno about this one. Bit of a grey area really. I think small claims will be futile. The guy asked you to make them, now he doesn't want them. Do you have any contractual agreement that has been signed or agreed to by the customer? If there is no contract for something like this then I don't reckon you've got a leg to stand on. I'd liken it to this; did you ever order a Dominos pizza to someone's house who you didn't like when you were kids? We did (horrible bastards, I know, I know). Do you think Dominos got paid? Nope. We ordered them, but the recipient didn't want them; what they going to do?

I'd appeal to his better nature (if he's got one) and draw up a contract for future trades.

[codlasher]

One rule I picked up on in my winter working in the window industry. If it helps; A purchaser of a BESPOKE item has seven days to cancel, not the fourteen day cooling-off period required for the distance selling rule on off-the-shelf items. After that they loose their deposit. This applies to your work too I'm sure as it is all bespoke.

You are certainly allowed to keep a deposit, as per the above, but to force someone to pay, if they change their mind on an order after a certain time has lapsed, may be rather more complicated.

Whatever I'm sorry to hear. particularly as this is your livelyhood.

codlasher

[Stoatally]

I think small claims is the way to go. Especially if you have a contract of any kind, including emails.

 

The dominos example doesn't work, the house didn't order it and can prove phone numbers etc. Theoretically if dominos could have tracked you down you'd have been liable to pay, but they're never going to bother over a few quid.

 

£600 is well worth small claims. Doesn't cost much and I think you can do it all online. The note from small claims will probably be enough to prompt him to pay.

 

Also - I think the cooling off period is only when you approach the customer. If they request it directly then there is no cooling off. Say a window salesman calls and you order a window - you get the cooling off period. If the customer says, not yet, come back in half an hour, iirc they lose the cooling off period

Edited August 26, 2016 by Stoatally

[se7enthdevil]

from what i understand the contract is the email giving the order of requested items and my reply with the acceptance of the order.

 

no written and signed document needs to be drawn up.

 

 

there is no mention of a deadline or date on the email he sent me requesting his order, it just says a set of 9 pins (to include a kingpin) and 6 balls in two different sizes...

[Starscream]

from what i understand the contract is the email giving the order of requested items and my reply with the acceptance of the order.

 

no written and signed document needs to be drawn up.

 

 

there is no mention of a deadline or date on the email he sent me requesting his order, it just says a set of 9 pins (to include a kingpin) and 6 balls in two different sizes...

 

You say no written document needs to be drawn up, but had you drawn up a contract you wouldn't be writing this post. I feel for you mate, I really do, but in this day and age you need to cover your butt from every angle. Not really like your situation but I remember once I didn't put a payment remittance time period on my invoice to Jaguar/Volvo and it took me 6 MONTHS to get £500

[Ian Leach]

He has requested the items to be made that is enough it confirmed the order, send him the invoice (overdue) show you are being reasonable, then small claims. It will cost about £60, if it goes to court you'll get it all back including loss of time on the day. If he pays before then you have just lost the fee.

 

Explain this is a custom item they can not be resold. You need to start taking deposits.