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binky

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If a customer aks us to obtain and supply goods for them, which involves mucho time running around finding things and researching stuff, what legal comeback do we have to charge for time spent doing this, if any????.

 
You would include that in your price - Surely?

 
i often say " you source it, ill fit it" everybodys got tinternet these days let them do it.

If it takes a long time to source then any mark up wont be worth it especially when the customer goes straight on tinternet to find how much youve ripped them off.

 
You would include that in your price - Surely?
Normally yes but not always - in this particular case the customer asked me to obtain an electric fire (whilst I was sorting out her TV (digital switchover)) because they couldn't get it themselves (being elderly), and various relatives were away on business or recovering from surgery, so couldn't help. So I duly took time out to help being sympathetic to elderly people and duly supplied said item as specified by themselves. Customer uses product for a day then decides she doesn't like it and wants to return goods -"'its not the same as the old one (which she bought 40 years ago)". So she asked me to see if I could fix old one - surprisingly parts are not available, or source a different model more to her liking, so several hours spent on internet/ wholesalers and phoning manufacturers, for which I wasn't going to charge. Anyway, due to cutomer being hard of hearing I typed a letter pointing out that there is no alternative to the fire supplied,the old one can't be fixed and a service charge is applicable if returned (levelled by manufacturer not me) and could she let me know how she wishes to proceed. Next thing I'm getting letters from Age Concern stating that under legislation she has a right to cancel contract and return goods. Problem is the manufacturer was also contacted, and is refusing to re-stock item because it has been used, even if only for a day, which leaves me out of pocket to the tune of

 
not sure what can be done etc, but from her side, distance selling may apply?

but if she asked you to install and she knew what she was getting, im sure you could claim agreed labour costs as a minimum

 
That's kind of what I was thinking, but don't know of a legal precedent for this. What really irritates is the assumption that I'm some sort of rogue trader trying to rip off an old lady, plus her niece (who I think has propmted this action) could of at leat called me first before going elsewhere. In short, I went round on a Sunday afternoon to sort TV (she sounded really desperate), back again on Monday to show her how to use TV again, back 2 days later to fit fire, which initially she was reasonably happy with, back again several days later to collect payment (not forth coming) and spent a further 2 hours trying to mend/ find alternative new fire, for which I added no mark up on parts and was going to charge a nominal

 
I'd write a polite letter back to the old lady and copy it to age concern detailing what you did and how you were trying to help her out at very little cost. Just calmly detailsing things as you have here might make her see sense and the favour you were doing her?

As far as distance selling goes there is a 7 day cooling off period - Don't know if this applies if something is used?

 
I'd write a polite letter back to the old lady and copy it to age concern detailing what you did and how you were trying to help her out at very little cost. Just calmly detailsing things as you have here might make her see sense and the favour you were doing her?As far as distance selling goes there is a 7 day cooling off period - Don't know if this applies if something is used?
Its the 7 day bit that they are quoting. But there are bits in the legislation about goods that can't be returned, and I would have thought that used electrical goods were covered by that???

 
Anyway I've got a callout to deal with so will be back later.

I did try to trace my rights, but haven't found anything yet.

Back soon and thanks for your help

 
cant you just issue the reciept for the goods and get her to return it her self? that way your only a collection and delivery service of goods? just charge for time collecting the item?

 
cant you just issue the reciept for the goods and get her to return it her self? that way your only a collection and delivery service of goods? just charge for time collecting the item?
This is what I should have done in the first place, but being the helpuful person I am, I ordered it through my wholsaler account. She still owes me for that anyway, which is why I was asking about legal rights for charging labour.

 
Under the doorstep selling regulations you are screwed,, unless you got her to sign a waiver to allow you to start work before the cooling period...Nave a look here

http://www.berr.gov.uk/whatwedo/consumers/buying-selling/Doorstep-selling/FAQs/page29175.html
Tell me about it - I think this is a hard lesson learn't, and will put me off helping little old ladies ever again, leaving more opportunities for rogues. What is most concerning is that the legislation doesn't seem to allow for short notice work, basically it says we sholud not start any work for a week minimum, which doesn't help much with a lot of small domestic jobs like changing light fittings. I am most certainly not happy about it as it looks like I will be left out of pocket for trying to be helpful :( :( :(

 
You can get them to sign a waiver so that you can start within the 7 days...

however they can still cancel the contract, but they have to pay for labour and materials used (possibly even ordered in materials)

I never buy anything like this for clients, not even (special) light fittings.... "get it yourself,I'll then come back and fit".. did they OK the heater from a picture??

I think you need to try the softly soflty approach.. if you are reasonable with them, then hopefully they will be reasonably with you!

For future... money upfront for special purchases!! or they get it themselves!!

 
I find this thread very interesting as the effects can and probably will effect all of us given time.

I am no expert but I would have thought the return of goods would always be the supplier or manufacturers problem and covered by their strict rulings.

The fact that they did not like it as well as the old one is not just cause for a return.

I would suggest that before you take pity on any elderly people, remember they are just like any other client, and with involvement from greedy do good relatives waiting for the final will being read,are more prone to complain and abuse your good will than others.

Before anyone calls me callous, just remember you are providing a service, and your sympathy has clouded your judgement.

I would write to age concern and explain in factual detail what you did for this customer, I would finish the letter off, with your personal feelings of hurt and disbelief that a third party have been involved.

Offer them the oppertunity to ask questions and if need be provide a solution to this problem.

Failing that take them to court and sue them.

 

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