Overcharged

peachschnapps

Hi, I am in need for some advice.

6 months ago, I locked myself out of the flat at night. I contacted a company that outsourced the work to a local locksmiths.

The company agreed OVER the phone was £135 including replacing the lock (i.e. the locksmith has no financial dealing with me). But he would have witnessed me discussing the amount over the phone. At the time, I had provided my credit card details and assumed all had been taken out of my account.

Today, I received a bill for the amount £280. The company has not taken the money out of my account yet. I always honour my agreement, I would be quite happy to pay the £135 however, I DEFINITELY did NOT agree £280, as I would not have proceeded otherwise.

They are charging me £140 for the service. £110 for the lock! Now they did not replace the entire lock i.e. latch etc. Just the internal lock. I know in home base that my entire lock including latch etc only costs £60 max. So I know that they are overcharging and not honouring their verbal agreement.

My intentions are to write a letter back, to state the above, plus show prices of my lock. Include my flatmates name who was witness when I agreed the amount. I would be willing to pay the £135 not anymore than that! I would definitely have not allowed them to drill my lock out and replace if the amount was that high. I was wondering if I could ask advice? This situation to me is complex as the agreed amount is verbal and its been so long since the incident, so either party can say otherwise. I would like for this to be resolved as amicably and smoothly as possible.

My questions are:
1. if this is the right approach i.e. writing a letter rather than phoning first?
2. what else I should put in the letter. i.e. state my rights and pressure them? and maybe I will report to consumer affairs (is this the right people?) and write bad review.
3. any other advice!

I look forward to your reply.

Many thanks!!!

peachschnapps

I forgot to mention the remainder of the charge is VAT. I did agree amount over the phone £135 (TOTAL) no other hidden charges.

macman

£140 plus £110 is £250, so where does £280 come from?

unholyangel

OP, have you read up on the consumer contract regulations?

They need to provide you with certain information in a durable medium before you are bound by it. They also need to gain consent to begin work before the 14 days cooling off period is up (if its an off-premises contract, then this consent needs to be obtained in writing). Its also for the trader to prove they have complied with those provisions of the CCRs and not for the consumer to prove they haven't.

So ask them for their proof (unless you've neglected to mention that here but if they had given that information, then you should have been aware what the cost would be so I doubt they have).

peachschnapps

Many thanks. The thing is, it was an emergency call out as it was late at night so this was agreed over the phone. No e-mail confirmation or any correspondence was sent up until now.

So how do you think I should word my letter?

Sorry, I should break down the charges more accurately as I have invoice in front of me now:
£70 out of hours call out
subsequent 1.5hrs on site £50.64
Yale no.1 nightlatch £110.50
VAT £46.23
TOTAL £277.37

unholyangel

peachschnapps wrote: »

Many thanks. The thing is, it was an emergency call out as it was late at night so this was agreed over the phone. No e-mail confirmation or any correspondence was sent up until now.

So how do you think I should word my letter?

Sorry, I should break down the charges more accurately as I have invoice in front of me now:
£70 out of hours call out
subsequent 1.5hrs on site £50.64
Yale no.1 nightlatch £110.50
VAT £46.23
TOTAL £277.37

Just respond that the price quoted to you over the phone for a locksmiths attendance and lock replacement was £135. They cannot retrospectively alter the terms of the agreement and you would like to remind them that they have certain obligations under the Consumer Contracts (information, cancellation & additional charges) regulations 2013 which they have not complied with.

You are prepared to pay the agreed price despite this, but you will not entertain any variations they try to impose retrospectively - especially one pertaining to price.

OP, I assume the trader didn't give any information prior to carrying out the works? I believe this has become the norm for urgent repairs/maintenance contracts since the CCRs came into effect. A sheet the trader carries copies of containing the necessary information.

peachschnapps

Thank you so much for your advice. I will use the above information, and hopefully will resolve my issue.

The trader, as in the company or the local locksmith that they hired? The locksmith in person said that he would undergo the work that I consent to. Any prices agreed will be between me and the company so he didn't get involved with that part. In terms of the company, we agreed over the phone that all I would have to pay is £135 only and they said yes. That's a pretty clear agreement to me. But other than that, no other information or correspondence. I did sign something the trader provided me, but to be honest it was so long ago, either I misplaced the sheet of paper or he didn't provide a copy. It definitely didn't have any pricing information, although I am unsure if there is any small print. He did say that it was mainly for his purpose to get payment from the company.

Poppie68

It looks like they have quoted you for call out and labour only, the lock needed wouldn't become evident until the locksmith attended. You need to find the paperwork... Are you sure it wasn't an estimate rather than a quote?

peachschnapps

Well the initial quote was £110 i believe and then when the locksmith couldn't pick the lock, I renegotiated the price for him to drill and replace my lock. From my point of view, it was clear that we agreed the final price, so definitely was not a quote. This is why this situation is frustrating. And it doesn't help matters that the company left is so long to seek payment as the time of call out was so long ago.

I don't think they provided me any copies of what I signed. I had a search and I do not have any documentation. Today, I wrote to them stating the situation and what I am prepared to pay. Hoping they will be honourable and uphold their end of the agreement. Many thanks for your messages! If this turns sour, I will be in touch again!