Overcharged by plumber?

1984ReturnsForReal_2

macman wrote: »

You certainly can stop the cheque as long as you're prepared to front it out with him. Unlikely that this rip-off merchant is going to take you to the small claims process...
Then just send him a cheque for an amount you consider is reasonable. But it's not going to be very pleasant I suspect.
But first you need to establish what parts have been supplied and what his call out and hourly rates are.

Would say exactly the same.

He is hardly going to be able to give proof he gave cancellation rights which he is legally obliged to do.

I want to know what the exact parts are & whether there was any difficulties at the location & let him bury himself on the hourly rate.

Location of the job in the UK wouldn't go amiss either so we can get an idea of hourly rate.

Alan_M_2

You agreed a price to get the problem fixed.

Now it's fixed you're not happy with the price.

You were given a clear indication of the costs at the time and given every opportunity to make alternative arrangements, you chose no to.

Pay the man what was agreed and next time get another quote for the work for one or more unrelated businesses.

Taking this court would be a waste of time and it's highly unlikely you'd get a judgment in your favour as proving a £200 charge for a call out, supply and fit was unreasonable isn't going to happen.

The number of people on this forum that jump at litigation is laughable, the legal system in this country is really very poor at sorting this kind of issue out, however if you canceled the cheque it would come down on you like a ton of bricks.

payless

A stopped cheque is proof enough for him to prove the debt to a court ... if he was so inclined. Sounds like a cowboy and/or rip off so I think he might find an alternative method to persue his payment??

Speak to trading standards and see if they offer any guidance.

zzzLazyDaisy

Please take advice before stopping the cheque.

Stopping a cheque is unlawful and the plumber can sue you under the Bills of Exchange Act. There is no defence to a dishonoured cheque apart from fraud. So your only defence would be to persuade the court that the plumber acted fraudulently, which would be difficult, to say the least. (Note, it isn't a question of whether he charged a fair price, but whether what he did amounts to fraud, in law).

So you would be at risk of having to pay the money, plus his court costs, plus £80 solicitors costs.

macman

How would it come down on the OP like a ton of bricks? The plumber would have no legal option but to pursue the debt through the small claims court, with no guarantee of ever collecting, even if he wins the judgement. So the ball would be squarely back in his court.
And if he's regularly able to get away with charging £200 for a free part and and an hours work, then he's hardly going to bother.
Yes, the price was agreed, but the OP had no idea of the true cost and was clearly misled about it, so I wouldn't be losing any sleep about the morality of it.

macman

zzzLazyDaisy wrote: »

Please take advice before stopping the cheque.

Stopping a cheque is unlawful and the plumber can sue you under the Bills of Exchange Act. There is no defence to a dishonoured cheque apart from fraud. So your only defence would be to persuade the court that the plumber acted fraudulently, which would be difficult, to say the least. (Note, it isn't a question of whether he charged a fair price, but whether what he did amounts to fraud, in law).

So you would be at risk of having to pay the money, plus his court costs, plus £80 solicitors costs.

Would you care to expand on which law is being broken? Complete nonsense.

zzzLazyDaisy

macman wrote: »

Would you care to expand on which law is being broken? Complete nonsense.

The Bills of Exchange Act 1882, as amended by the Cheques Act 1957 and 1992.

See also the case of Esso Petroleum Co. Limited v. Milton 1997.

1984ReturnsForReal_2

zzzLazyDaisy wrote: »

The Bills of Exchange Act 1882, as amended by the Cheques Act 1957 and 1992.

See also the case of Esso Petroleum Co. Limited v. Milton 1997.

What is the must give customer in writing full rights of cancellation if over £35 Act then?

Alias_Omega

If the toilet is fixed, then its a fair price to pay.

But i would expect some form of warranty on the work, and subsequent call-outs for similar faults to be free of charge..

Alan_M_2

1984ReturnsForReal wrote: »

What is the must give customer in writing full rights of cancellation if over £35 Act then?

Provide details of the act you refer to and how it covers "emergency" work to reinstate a non working item after a price has been quoted and accepted.