Call Out Charges - Surveyor

unholyangel

No you don't have to pay because there likely is no contract.

In order for a contract to exist, there needs to have been an offer and acceptance. Each party must agree to suffer a detriment in exchange for a benefit. And the agreement must be certain. They couldn't have accepted your "offer" because there was no consideration given.

And also from the consumer contract regulations:

(4) Where a distance contract is concluded through a means of distance communication which allows limited space or time to display the information—

(a)the information listed in paragraphs (a), (b), (f), (g), (h), (l) and (s) of Schedule 2 must be provided on that means of communication in accordance with paragraphs (1) and (2), but

(b)the other information required by paragraph (1) may be provided in another appropriate way.

And the accompanying relevant section from those paragraphs of schedule 2 is:

(f)the total price of the goods or services inclusive of taxes, or where the nature of the goods or services is such that the price cannot reasonably be calculated in advance, the manner in which the price is to be calculated,

That means that they had to tell you their rates before you were bound by the contract on the telephone. On top of this they can only start the service within 14 days with express consent from yourself.

There is also unfair terms in consumer contract regulations which state:

Schedule 2, paragraph 1, states that terms may be unfair if they
have the object or effect of:
(i) irrevocably binding the consumer to terms with which he had no
real opportunity of becoming acquainted before the conclusion of
the contract.

Although not necessarily a legal requirement (if there is no contract) you may want to call around asking what others would charge and then pay a reasonable amount in settlement. Above is what you can rely on as a defence if they chase you for non-payment but the lower amount they are "owed", the less likely any further action will be. And if they did the work and came out on short notice at your request, you really should pay them a reasonable rate (or the invoiced amount if its close to what others are charging).

odysseus_2

ok, I think I'll call them in the morning and tell them I don't want the report. I don't want them to waste any more time on it. I thought it work in the same way it would if you got a builder in for a quote. You don't get charged for the call out. I didn't get any information out of him while he was here, nothing that wasn't already apparent to the untrained eye anyway. What about implied consent? I would assume that doesn't apply otherwise what's the point of the contract?

unholyangel

odysseus wrote: »

ok, I think I'll call them in the morning and tell them I don't want the report. I don't want them to waste any more time on it. I thought it work in the same way it would if you got a builder in for a quote. You don't get charged for the call out. I didn't get any information out of him while he was here, nothing that wasn't already apparent to the untrained eye anyway. What about implied consent? I would assume that doesn't apply otherwise what's the point of the contract?

People tend to forget that just because T&C's say something, doesn't make it legally correct.

But thats the exact reason we have consumer protection - to stop companies taking advantage of consumers who aren't as savvy when it comes to contracts.

What about implied consent?

odysseus_2

The fact I let them in to do the survey, is that not implied consent to pay for the work?

I'd argue it's not or wouldn't the same apply to any visit for a quote or is it different in this case as it's not a trade? The fact they won't release the report until payments been made seems to indicate it's the report you're paying for not the visit.

unholyangel

odysseus wrote: »

The fact I let them in to do the survey, is that not implied consent to pay for the work?

I'd argue it's not or wouldn't the same apply to any visit for a quote or is it different in this case as it's not a trade? The fact they won't release the report until payments been made seems to indicate it's the report you're paying for not the visit.

Did you read my posts above? There are different pieces of legislation that all require that you are informed of either the price or if thats not possible, how its to be calculated. So if they can't give you a definitive price like £190, then they should tell you it will be a £100 call out charge plus £90 an hour.

In addition to that, its also a general principle of common law that the agreement must be certain. Basically that someone looking at it must have no doubt about what exactly was agreed by both parties. You can't agree to an undetermined consideration/price (as found in May & Butcher v R)