Dispute over plumber call out charge

Tremulant86

Hello, just wondering if anyone might have some advice for me as I am disputing a call out charge from a plumber.

My hot water had stopped working so I rang a local plumber asking if he could visit. He said that he may be able to but he would call me back later to confirm. He asked me to clarify which number was best to call me on.

A little later I discovered that my problem could be fixed through my home insurance so I decided to go down that route instead and thought that if the earlier plumber rang me back then I would let him know that I didn't need him any more.

A few hours later he rang my mobile but I missed the call as I was otherwise engaged. He didn't text me or leave a voicemail. Around 10 mins later he turned up on my doorstep and when I explained the situation he got very aggressive and said that he is going to send me a bill for £60 for a call out, he claims that he has potentially missed out on other business by driving all the way to get to me (although he only lives a few streets over from me so I suspect he was on his way home anyway, not sure if that's important). He said if I don't pay the bill then he will take me to court.

I have 2 questions:

1) Bearing in mind that no prices were discussed and no firm agreement that he would visit to assess my problem, am I right in thinking that I shouldn't have to pay this?

2) If I don't pay then should I just ignore any bill or is it better to reply saying that I'm not going to pay? Is email OK for this purpose?

Many thanks in anticipation.

glentoran99

Tremulant86 wrote: »

Hello, just wondering if anyone might have some advice for me as I am disputing a call out charge from a plumber.

My hot water had stopped working so I rang a local plumber asking if he could visit. He said that he may be able to but he would call me back later to confirm. He asked me to clarify which number was best to call me on.

A little later I discovered that my problem could be fixed through my home insurance so I decided to go down that route instead and thought that if the earlier plumber rang me back then I would let him know that I didn't need him any more.

A few hours later he rang my mobile but I missed the call as I was otherwise engaged. He didn't text me or leave a voicemail. Around 10 mins later he turned up on my doorstep and when I explained the situation he got very aggressive and said that he is going to send me a bill for £60 for a call out, he claims that he has potentially missed out on other business by driving all the way to get to me (although he only lives a few streets over from me so I suspect he was on his way home anyway, not sure if that's important). He said if I don't pay the bill then he will take me to court.

I have 2 questions:

1) Bearing in mind that no prices were discussed and no firm agreement that he would visit to assess my problem, am I right in thinking that I shouldn't have to pay this?

2) If I don't pay then should I just ignore any bill or is it better to reply saying that I'm not going to pay? Is email OK for this purpose?

Many thanks in anticipation.

Is a difficult one, His argument is you asked him to visit and he did, you never cancelled him. Ask yourself what would a court believe on the balance of probabilities

Tremulant86

Thanks for the reply. I do take your point but although I asked him to visit, he didn't agree that he would visit. We agreed that he would call me later to let me know if he could or not. I left that call with the impression that no visit had been agreed.

glentoran99

Tremulant86 wrote: »

Thanks for the reply. I do take your point but although I asked him to visit, he didn't agree that he would visit. We agreed that he would call me later to let me know if he could or not. I left that call with the impression that no visit had been agreed.

Personally I would tell him to take a running jump, Would he take you to court for 60 quid?


Someone else can advise but I don't believe you would be liable for his costs.


Its your word against his and who would a court believe, The fact he tried to call and you didn't return his call to cancel could go against you, Really don't know though

glentoran99

Although I don't believe knocking on someones door counts as a call out, he didn't spend any time looking at the job

unholyangel

OP if he contacts you again, just ask him for proof he complied with his legal obligations under the consumer contract (information, cancellation & additional charges) regulations: that he provided you with the necessary information (such as total price or where the price cannot be calculated in advance, how the price will be calculated or that by requesting provision of the service early, you would lose your right to cancel).

I'd also perhaps say that to your mind, no contract was entered into (as the necessary elements of a legally binding contract are missing) however even if it had been, consumers cannot be bound to hidden terms - terms which they had no opportunity to become acquainted with before being bound by the contract. As he did not inform you of a call out charge, its not a term you could have been aware of and therefore, wouldn't be binding on you.


If people want the benefits of being their own boss, they need to realise they also have the responsibility/liability that comes with it.

Tremulant86

Thank you, that's really helpful.

giraffe69

I think that if you rang him and he expressed willingness to come but did not state any agreed time you have some obligation. You agree he phoned but you couldn't/didn't take his called. He did nothing when he arrived but he did go out of his way to visit. I think I would pay him half his call out charge to reflect that you did ask him to come out as requested but waste his time and in truth it was only because you only checked that your home insurance would cover it after you called. Would it not have then been reasonable to call him and cancel?

societys_child

Would it not have then been reasonable to call him and cancel?

. . .or answer the phone when he tried to call.

A few hours later he rang my mobile but I missed the call as I was otherwise engaged.

Mmm

unholyangel

giraffe69 wrote: »

I think that if you rang him and he expressed willingness to come but did not state any agreed time you have some obligation. You agree he phoned but you couldn't/didn't take his called. He did nothing when he arrived but he did go out of his way to visit. I think I would pay him half his call out charge to reflect that you did ask him to come out as requested but waste his time and in truth it was only because you only checked that your home insurance would cover it after you called. Would it not have then been reasonable to call him and cancel?

Why would OP call to cancel when nothing had been agreed? Do you often try to cancel contracts that don't exist?

Shaka_Zulu

unholyangel wrote: »

Why would OP call to cancel when nothing had been agreed? Do you often try to cancel contracts that don't exist?

Unholyangel, you are one of the better posters on here but this is just not the way to about things.

The correct procedure is do as you would be done by and in this case a quick call (or at worst a text) to the plumber to explain the situation and that you won't be requiring his service and then a quick thank you for his time.

Easy no and no hassle. OP just couldn't be bothered doing the right thing.