Consumer rights for services not goods?

ClareW75

We hired a crane to deliver a hot tub and they haven’t managed to complete the job and are saying we wont get our money back. It’s a bit of a long story…

Monday 17th their sales chap came out and met with my husband. They walked through the job which was to cross a field and lift the hot tub over some trees at the back of our house and drop it down onto our decking. They walked a few different options and the sales guy said they had a 4x4 crane available on the 21st for the job. He gave us a price of £700 and asked if we need the quote in writing which we didn’t. We confirmed the date with the hot tub people and my hubby paid the £700 over the phone by debit card. Nothing was put in writing either before we made payment or prior to them arriving on the 21st.

They arrived on the 21st – just the crane driver and another van, not the sales guy. They were given the option to walk the site twice. (the hot tub guys had done so before crossing to the back of the house). They then drove into the field and promptly got the crane stuck in some soft ground. We got a tractor from a local farm to help them out and after much digging and pulling they were out – only to end up stuck again. They tried digging it out again and managed to damage the hydraulics. They then had to get an engineer out to fix the damaged part as well as another 2 chaps to help dig them out. We got a second tractor to help them out once they had fixed the crane and dug it free. While this was happening their sales guy arrived handed us a copy of their terms and conditions and stated that we were liable for all the additional costs and would not be getting our £700 back.

I just need to know where we stand – we didn’t have the t&cs prior to them starting the job and nothing was discussed verbally, we didn’t sign anything either. We have witnesses who can confirm that the terms were given after the vehicle started the job and got stuck. So are we entitled to our money back and can they bill us for all the additional work?

Thanks for any advice you can offer

C

DVardysShadow

A mistake not to get it in writing, for sure. But they were paid to do a job and failed. So you could take it to the small claims court, but it could be uphill work to prove the case. At least get some letters in now, to stake your claim and keep options open [take and keep copies]. Then if they do sue, you can make a counterclaim.

ClareW75

now i'm worried - what can they sue us for? i cant see what we've done wrong - please explain your thinking

Brooker_Dave

ClareW75 wrote: »

now i'm worried - what can they sue us for? i cant see what we've done wrong - please explain your thinking

They damaged their crane and they blame you?

They'll be laughed out of court.

Just insist on a refund, and if they don't play ball use the small claims court to get the money back.

ClareW75

i thought you were seriously suggesting we were to blame! Even their staff on the day said we should get our money back as there was no way they could do the job - it was the sales guy and the MD who said we wouldnt get it!

I'll try CAB in the am and hopefully they will let me know how best to play it

thanks

DVardysShadow

ClareW75 wrote: »

now i'm worried - what can they sue us for? i cant see what we've done wrong - please explain your thinking

They can sue you for anything.

You say yourself, "While this was happening their sales guy arrived handed us a copy of their terms and conditions and stated that we were liable for all the additional costs" so if a court claim comes your way, don't be surprised. Which is why I say to make your claim against them now, formally in writing, to get something you can cite as evidence if it goes down that path.

ClareW75

surely they cant hold us to terms they hadnt made us aware of when they took our money? retrospective terms surely cant be enforced?

DVardysShadow

They might try. On reflection, I think that they brought in the T&C's and raised the issue of recharging you for the extra work to preempt a claim for your £700 - but having set off down that road, they might find themselves following through. Don't rule out the possibility - don't confuse these 2 questions:

• Can they sue me?
• Can they sue me successfully?

More thought suggests that the fact that they have not completed the job puts them in a difficult position to have any claim upheld - the implied contract term that they should move the hot tub puts them in breach to the degree that they would find it very difficult to make a claim stick, even if their T&C's were upheld.

So, basically you would be in a better position not having them complete the job - but you do need to give them the option to complete if you want to get your £700 back. I suggest a letter, giving them 7 days to complete, or whatever your project can tolerate and for the original £700. Hand deliver, because of the need to get moving the hot tub sorted quickly.

Mark_Hewitt

It is entirely the responsibility of the driver of the crane to make sure that the land he is driving on is suitable. If it is not then it is his fault and his alone if he gets stuck.

Them getting stuck in the mud has nothing to do with you, it was their responsibility to ensure the ground was suitable, not yours, and if they couldn't do they job they should have either not taken your money in the first place, or refunded you in full. There is no way you can be liable for anything!

ClareW75

Thanks Mark. I've spoken with CAB who have checked with Trading Standards and they say we arent liable for the additional work and indeed are due a refund. So relieved. I'll be putting a lovely letter together and giving them 7 days to reply - we'll just have to wait and see what happens I guess.

Thanks for the advice

C