Overcharged by plumber?

themull1

Why should any subsequent call outs be free of charge? why should you cancel the cheque and then pay what you think? he fixed the toilet straightaway, its your fault for not getting a few quotes, you could have used a bucket/someone elses toilet, better still, take out insurance against toilets breaking, through homeserve etc. At the end of the day, you accepted the price, and he fixed the toilet.

zzzLazyDaisy

1984ReturnsForReal wrote: »

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

I am presuming that you are referring to the Cancellation of Contracts made in a Consumer's Home or Place of Work Regulations 2008 which give the customer cancellation rights for certain contracts made away from trade premises, where the contract price is £35 or more?

The flaw in your argument is that these regs only apply where contracts are made following an unsolicited visit from a trader.

The regs would not apply in this case as the plumber came out and carried out the work at OP's request.

C_Mababejive

Shocking...there..you see,it isnt just estate agents and dentists who rip people off.

zzzLazyDaisy

C_Mababejive wrote: »

Shocking...there..you see,it isnt just estate agents and dentists who rip people off.

I'm insulted now.

You forgot the lawyers.

1984ReturnsForReal_2

zzzLazyDaisy wrote: »

I am presuming that you are referring to the Cancellation of Contracts made in a Consumer's Home or Place of Work Regulations 2008 which give the customer cancellation rights for certain contracts made away from trade premises, where the contract price is £35 or more?

The flaw in your argument is that these regs only apply where contracts are made following an unsolicited visit from a trader.

The regs would not apply in this case as the plumber came out and carried out the work at OP's request.

I am pretty sure it covers both solicited & unsolicited but thanks anyway.

http://www.legislation.gov.uk/uksi/2008/1816/contents/made

“trader” means a person who, in making a contract to which these Regulations apply, is acting in his commercial or professional capacity and anyone acting in the name or on behalf of a trader.

Scope of application

5. These Regulations apply to a contract, including a consumer credit agreement, between a consumer and a trader which is for the supply of goods or services to the consumer by a trader and which is made—

(a)during a visit by the trader to the consumer’s home or place of work, or to the home of another individual;

(b)during an excursion organised by the trader away from his business premises; or

(c)after an offer made by the consumer during such a visit or excursion.

http://www.pkc.gov.uk/NR/rdonlyres/9D37DB44-A032-4F78-8B01-48F57B1511B4/0/CANCELLATIONOFCONTRACTSMADEINACONSUMER.pdf

http://www.torbay.gov.uk/index/business/trading-standards/cancellationofcontracts.htm

http://www.legislation.gov.uk/uksi/2008/1816/contents/made

keystone

Look - stopping the cheque is a very simple case of cheque fraud. Its nothing to do with Doorstep Selling Regs and its nothing to do with the plumber looking for redress through the the Small Claims Process.

Fraud is a criminal matter for the police. Simples.

Cheers

macman

With respect to the legal experts here, I suspect that the plumber may be somewhat unfamiliar with the legislation mentioned above, and may prefer to rely on his own tried and tested remedy to a stopped cheque:
http://www.google.co.uk/imgres?imgurl=http://www.ultimategarage.com/shop/images/131-18-400.jpg&imgrefurl=http://www.ultimategarage.com/shop/part.php%3Fproducts_id%3D583%26osCsid%3Dpxswxprovez&usg=__BnE2F0piI4K3584PNFrBpPbud_I=&h=298&w=400&sz=22&hl=en&start=0&zoom=1&tbnid=UVFyfN5w3PggpM:&tbnh=135&tbnw=180&prev=/images%3Fq%3Dstillson%2Bpipe%2Bwrench%26hl%3Den%26biw%3D1680%26bih%3D854%26gbv%3D2%26tbs%3Disch:1&itbs=1&iact=hc&vpx=938&vpy=78&dur=2894&hovh=194&hovw=260&tx=133&ty=91&ei=3NfiTNz6JM24hAeVk9zaDA&oei=3NfiTNz6JM24hAeVk9zaDA&esq=1&page=1&ndsp=45&ved=1t:429,r:5,s:0

PS: if stopping a cheque is a criminal offence, why does my bank provide facilities for me to do this-does that not make them complicit?

keystone

macman wrote: »

With respect to the legal experts here, I suspect that the plumber may be somewhat unfamiliar with the legislation mentioned above, and may prefer to rely on his own tried and tested remedy to a stopped cheque:

:rotfl::rotfl:Nah thats only an 18" pair - he would use a 36" stilson!!

Cheers

plodder73

Stopping a cheque is not a criminal matter, if you contacted the police they would simply tell you it is a civil matter contact a solicitor, anyone who says anything to the contrary is talking out of their bottom. If you dont think that is correct make a call to your local police station that I guarantee is the answer you will get.

1984ReturnsForReal_2

keystone wrote: »

Look - stopping the cheque is a very simple case of cheque fraud. Its nothing to do with Doorstep Selling Regs and its nothing to do with the plumber looking for redress through the the Small Claims Process.

Fraud is a criminal matter for the police. Simples.

Cheers

I think you will find you are wrong on all counts.