Verbal Contract - Cancellation Clause

[Blue Spring]

Hello,

Does anyone know if there is a legal way to terminate a verbal contract, and if that contract hasn't yet been cancelled, is the clock still effectively ticking concerning the contractors obligations under my consumer rights (referring to time here) to complete the job?

Also, if you enter into a verbal contract with a Ltd company, are they then legally obliged to provide you with a written cancellation clause aligned to CCRs, and do any other aspects of CCRs apply despite there being no written contract?

Thank you

[atticus]

An unwritten contract contains no written terms.

Consumer rights/protection legislation may nevertheless apply.

[Blue Spring]

An unwritten contract contains no written terms.

Consumer rights/protection legislation may nevertheless apply.

hi, many thanks, although your reply stating 'may' apply seems uncertain?

Also how would any legislation be applied, given nothing in writing, how would anyone be able to
say for example whether or not the 14 day rule would apply?

My understanding is that the 14 day rule is rolling until the agreed content of a contract is in place, but once again
given there is nothing to reference how can anything be applied, one way or another?

I guess my question is, where does the onus lie with a verbal contract, does this lie with the contractor and are the rules the same as they would be for a written contract i.e. a written contract must contain specific elements to make it legally binding, so what about a verbal contract and again how would you be able to say what was or wasn't agreed one way or the other. My hope is that there are legal responsibilities on the contractor but I am not sure.

[atticus]

Much will depend on the circumstances. Are you willing to say something about them?

[R0b]

If the contract was made orally, then there is an implied right to terminate, usually on giving reasonable notice. Reasonable notice depends on the circumstances of the contract and also how long the contract has been going on for. For example, where the contract hasn't been going for very long then short notice like 7 or 14 days may be considered reasonable. However, if you have been contracting for 3 years then something longer might be more appropriate like a month's notice.

Always worth getting an acknowledgement from the other side when you give notice of termination, that way it's more difficult for them to dispute the termination at a later date - not a guarantee from a legal perspective but it gives you a little bit of a defence if it was ever contested at a later date.

Consumer rights apply different and yes there are certain obligations on providing you with information and the right to cancel etc. but there are some exceptions depending on the nature of the contract.

[Blue Spring]

Much will depend on the circumstances. Are you willing to say something about them?

The work was to build an upstairs loft extension, making a 5th bedroom, however the builder has not built things properly according to
the councils buildings control officer, and the builder has now disappeared, so i need to get the work completed by a new builder and want to make sure
he can legally take over

[Blue Spring]

If the contract was made orally, then there is an implied right to terminate, usually on giving reasonable notice. Reasonable notice depends on the circumstances of the contract and also how long the contract has been going on for. For example, where the contract hasn't been going for very long then short notice like 7 or 14 days may be considered reasonable. However, if you have been contracting for 3 years then something longer might be more appropriate like a month's notice.

Always worth getting an acknowledgement from the other side when you give notice of termination, that way it's more difficult for them to dispute the termination at a later date - not a guarantee from a legal perspective but it gives you a little bit of a defence if it was ever contested at a later date.

Consumer rights apply different and yes there are certain obligations on providing you with information and the right to cancel etc. but there are some exceptions depending on the nature of the contract.

Thanks, given the work was left incomplete and has been ongoing for 16 months on a job that estimates to take 25 weeks, this seems to also breach my consumer rights. My concern is that i have some new lined up to take over but want to ensure legally that the other builder is out of the way.

[atticus]

When did you last have any contact with the builder who has disappeared?

If this builder has done some work then it is not a question of cancelling the contract but of terminating it. It may be that the builder has terminated it by walking away, so that you can accept his termination.

[Blue Spring]

When did you last have any contact with the builder who has disappeared?

If this builder has done some work then it is not a question of cancelling the contract but of terminating it. It may be that the builder has terminated it by walking away, so that you can accept his termination.

Again 'it may be' is very vague, I really need some clarity. Its OK if you don't know please just say

[atticus]

You appear not to understand that I have been describing possible consequences of things that you have yet to tell us. If you are able to be clear, I may (!) be able to be more specific.

[dslippy]

Blue Spring, when you set out a situation, anyone answering can only answer on the basis of the information given to date. You have twice given some information and complained twice about the answer being a 'may be'. That is how it is.

We do not live in a world where certainty is readily available.

[Blue Spring]

Blue Spring, when you set out a situation, anyone answering can only answer on the basis of the information given to date. You have twice given some information and complained twice about the answer being a 'may be'. That is how it is.

We do not live in a world where certainty is readily available.

I am sure ATTICUS doesn't need you coming to there rescue, but thanks for you input

[Blue Spring]

You appear not to understand that I have been describing possible consequences of things that you have yet to tell us. If you are able to be clear, I may (!) be able to be more specific.

I honestly don't think you understand being honest. My question is quite specific, and there isn't anything else I believe I could add to make my question any clearer.

If you can suggest specifics which would make a difference happy to supply the details.

[atticus]

Post no 8 contains an indication of further information that you can usefully provide.