[2cleanright]

Hi All.

I assume everyone has had the new fair trading regulations info from  BERR?

The way I read them, you must now give consumers 7 days to change their mind about purchasing a product or service. Not doing so may be viewed by trading standards as not complying with the regs, making it virtually impossible to enforce payment.

So if a custy who is a bit savvy and knows the regs asks you to do an urgent job, and then decides not to pay you, you have no chance of getting the money cos the courts will always find in the custy's favour if you haven't given them the 7 days to change their mind.

How fair is that?

And disclaimers waiving the custys right to 7 days to change their mind wont work either - it is a legal right!

Just a thought - any job done at less than 7 days notice, should we now ask for payment up front before we start work?

Or have I read the regs all wrong?

[Joe H]

Never heared of the regs.
Interesting.

[2cleanright]

Department for Business Enterprise and Regulatory Reform - www.berr.gov.uk

Look up The Consumer Protection from Unfair Trading Regulations

Local Trading Standards and  Business Link SHOULD know all about them, but dont seem to have a clue (as usual!!!)

[markpowell]

When you say buying a service i think it means such as an insurance policy and the like.
Once work has been booked and carried out to a satisfactory level then any monies owed should be paid.
Mark

[derek west]

sounds to me like its 7 days to change there mind if theyve booked you. (not that that stops them cancelling) in which case maybe its better for us and they cant cancel after 7 days from booking us.
if youve read it right then evryone will be taking there weekly shop back to tescos with just the wrappers and asking for there money back. if you dothe job and there happy then you get payed, the end.
derek

[2cleanright]

Mark - "services" absolutely include what we do. The brochure from BERR states "Everyone who deals with consumers will be affected".

If you take the wording of the regs literally, once booked they havea  minimum 7 days to change their mind. If you dont give them 7 days, you are in breach of the regs and any contract is not enforceable. (Sale of Goods Act covers the weekly shop at Tesco Derek)
If they cancel after 7 days would you still turn up and do the job? - of course not! - so there is no extra protection for us.

I am not saying everyone will stop paying, just that the odd smart alec who knows the new regs might try to take advantage. Until there is a precendent set, it could go either way. There is nothing in the regs to protect the trader from unfair customers!

So I for one will be looking for payment up front on rush jobs if I am not 100% sure of the custy.

[Mike Osbourne]

Think you're worrying about nothing.

[Paul Davidson]

Think you're worrying about nothing.

Me too!

[Jim_77]

Applies to services such as ours, by the look of it:
“product” means any goods or service and includes immovable property, rights and obligations;

But there is the matter of "professional diligence", which if you can prove you have shown, there is no case against you.

“professional diligence” means the standard of special skill and care which a trader may reasonably be expected to exercise towards consumers which is commensurate with either—
(a)
honest market practice in the trader’s field of activity, or
(b)
the general principle of good faith in the trader’s field of activity;

Therefore, if someone wants to try it on using this legislation, they've got to be pretty damn confident they're going to win.

I see this as having two implications.

Firstly it's going to actually help a lot of trades by making it harder for cowboys to operate.

Secondly, it's making the need for official qualification even more relevant.  If you are a member of NCCA, IICRC, Woolsafe etc you have credentials which back up your commitment to being "professionally diligent".

Nothing to worry about for honest businessmen, IMHO

[jasonl]

I dont see this as a problem , neither should any cleaner, it  is quite simple to give any non paying customer their dirt back through their letter box, maybe a bit more complicated for us padders, but it can be done.

[ryan mca]

 If you look at the consumer factsheets in popular searchs the regs are
explained if you do the clean they have to pay maintenence contacts
must have 7 day cancelation period by law.
regs change on 1/10/2008 could be worth looking after
  Ryan

[Ian Gourlay]

Ive had three cancelations in a row this week.

Do not know if it is Credit Crunch  Talk of House prices.

I think the Moral is if they are low income house hit them straight away and do not book them in diary weeks in advance.

Or put them on Stanby ie you will clean at short notice when you have a vacancy

Up until now cancelations have been a rare event

[trevor perry]

I dont see this as a problem , neither should any cleaner, it  is quite simple to give any non paying customer their dirt back through their letter box, maybe a bit more complicated for us padders, but it can be done.

yes and instead of sending it by carrier pigoen a couple of rats can be sent to make sure customer gets full contents of carpet back

[COLIN BRIGHT]

dont get many cancellations, but when i do its normally on the day, which can be annoying, i wish that everybody who did wish to cancel gave me 7 days notice,then at least you can fill that space in

[clinton]

Lets hope you have had your quota then for this year ian