Solicitor for T's & C's?

Dear All

I have just had my figures burned (slightly) by not setting out my Terms and Conditions in a way that is enforceable under the Doorstep (and possibly Distance) Selling regulations Act.

To cut a long story short, I quoted for a job over a month ago and it was accepted along with my cancellation policy which stated 5 working days was needed in the event of a cancellation.

One month later when I was about to do the work I received less than 24 hours notice and the job was cancelled. A Sunday afternoon was spent scrabbling around to find work for 3 guys for the following Monday.

My solicitors at the FSB tell me that as my notice to terminate the contract was not "written in a box" and with the words "Notice of your right to cancel" written at the top of the box it would be unenforceable in a small claims court if it were to get that far. Not only that but the solicitor told me that I would also be likely to receive a fine from the judge for not setting out my contract/letter of engagement in this way.

I have decided to get a solicitor to write me up a set of Terms and Conditions - I wanted to know if anyone else has gone down the same path. If so, who did you use (how did you choose them) and how much did you have to pay?

Many thanks

Nick

Hi Nick

Why are we becoming Americanised? Law, litigation, what ever happened to people?

A few years ago, in an previous life we also had T&C's, but also took customers at their word.

After supplying over 200k at Trade prices for plants for one domestic project for a Landscaper/Designer, all paid in full we add, we were asked for more plants.

We took our Landscaper to Italy, at our cost, to add more plants for the project, another 300k of plants at Trade prices, so we were led to believe?

Due to our prices, quality and unwritten contract, a friendly agreement, we were better then any other supplier. However the Landscaper "shopped around" so we learnt, and tried to play one supplier against another. We spoke with the other supplier, and both had a joke about things, suppliers do talk to each other, you know!!!

To cut a long story short, in the end, we got an additional order for 80k worth of plants, at very favourable prices for our customer, but not for us.

Lesson learnt, one price, one customer and sign on the dotted line, just here please.

Your word is your bond, we would love to accept that, but, this is the modern world, very sad:-(

Replies

PRO

Paul @ Ashgate Garden Care August 3, 2011 at 7:41pm

Thanks for the heads up on this one Nick. I'm going to ammend my T & C's to encompass this.
PRO

Nick @ NM Garden Services Ltd August 3, 2011 at 7:44pm

The business link website also has some useful information for back ground reading

http://www.businesslink.gov.uk/bdotg/action/layer?topicId=1084617818
PRO

Phil Voice August 3, 2011 at 7:52pm

I'm sorry to hear you've had this problem Nick.

Thanks for sharing your experience and warning others of this.
PRO

Nick @ NM Garden Services Ltd August 3, 2011 at 8:44pm

Not for this job. It was a one off garden clearance - clear jungle and hedge reduction.
Mark Brierley August 3, 2011 at 9:00pm

I can't see how you can force a contract through when you haven't actually supplied a service or materials. In this hard economic time I try to get a deposit for all of my bookings. It is also important to remember that the customer has always got 7days to cancel and receive the deposit back. Once the 7days are passed the deposit is non refundable.
I feel for you and your team but at the end of the day all customers are entitled to change there mind.
T & S Plants August 3, 2011 at 9:14pm

Hi Nick

Why are we becoming Americanised? Law, litigation, what ever happened to people?

A few years ago, in an previous life we also had T&C's, but also took customers at their word.

After supplying over 200k at Trade prices for plants for one domestic project for a Landscaper/Designer, all paid in full we add, we were asked for more plants.

We took our Landscaper to Italy, at our cost, to add more plants for the project, another 300k of plants at Trade prices, so we were led to believe?

Due to our prices, quality and unwritten contract, a friendly agreement, we were better then any other supplier. However the Landscaper "shopped around" so we learnt, and tried to play one supplier against another. We spoke with the other supplier, and both had a joke about things, suppliers do talk to each other, you know!!!

To cut a long story short, in the end, we got an additional order for 80k worth of plants, at very favourable prices for our customer, but not for us.

Lesson learnt, one price, one customer and sign on the dotted line, just here please.

Your word is your bond, we would love to accept that, but, this is the modern world, very sad:-(
David Channon August 3, 2011 at 9:27pm

Make sure you cover the Unfair Contract Terms Act too.

There's no point in putting unenforceable terms in.
PRO

Phil Voice August 3, 2011 at 9:32pm

Hi Rowly this is something I've always wanted to add but thus far I've not found a lawyer/solicitor who's been willing to add a personal touch (there's a few affiliate schemes available but it's not the same).

There's a template for T&C's here: http://www.landscapejuice.com/2007/11/landscaping-pro.html (these were checked by a solicitor when I had my company but it's worth making them watertight by getting them checked out for your own use).

Rowly Hill said:

Phil - is there anyway LJN members could get access to legal advice via the site?

Not sure if this is possible or of any cost implications.

We have links to insurers, accountants this appears to be a information void to fill...possibly?
T & S Plants August 3, 2011 at 9:49pm

well accountants, yes, what a bunch!

One major London company of accountants told us to do what we were doing. One major Surrey based accountant told us the same, both were wrong.

Accountants, possibly not the best source of legal, business or financial advice, based on first hand experience.

Accountants, a must as a business cost, but through experience I would never trust one to advise on actually running a business. Unless of course we changed our business to that of an Accountant, the LTPM brigade, License To Print Money.

Rowly Hill said:

Phil - is there anyway LJN members could get access to legal advice via the site?

Not sure if this is possible or of any cost implications.

We have links to insurers, accountants this appears to be a information void to fill...possibly?
PRO

Phil Voice August 3, 2011 at 9:52pm

I don't agree with that, it's just a case of finding the right one.

T & S Plants said:

well accountants, yes, what a bunch!

One major London company of accountants told us to do what we were doing. One major Surrey based accountant told us the same, both were wrong.

Accountants, possibly not the best source of legal, business or financial advice, based on first hand experience.

Accountants, a must as a business cost, but through experience I would never trust one to advise on actually running a business. Unless of course we changed our business to that of an Accountant, the LTPM brigade, License To Print Money.

Rowly Hill said:

Phil - is there anyway LJN members could get access to legal advice via the site?

Not sure if this is possible or of any cost implications.

We have links to insurers, accountants this appears to be a information void to fill...possibly?