Dyno / Dyno-Rod - Are they regulated?

dustyb1605

Cutting a long story short...

I booked a Dyno visit over their website concerning a smell coming from an exterior drain. Every screen shot throughout the booking process informed me of a 'free no obligation quote'.

When the engineer turned up I was at work and my wife was at home. My wife phoned me to say the engineer had turned up, looked down a drain, asked her to turn on a tap and then informed her that the cost was already £90 and further work that 'might' fix the problem would cost more.

I asked her to put the engineer on the phone and he explained to me the second he gets out of his van and looks down a drain it costs £90. (Contrary to the message splashed all over the website).

I explained to the engineer we would not pay until we had discussed the whole qoute/stepping out the van thing with someone at head office. Then a lengthy debate ensued as the engineer can't leave without payment. In the end the engineer and I agreed he would leave a receipt with a note on it to say I would contact head office concerning non-payment.

When I got home it was clear to me the engineer had got my wife to sign the standard time/quality acceptance note (which legally suggests confirmation on our part the work has been carried out to our satisfaction within the T&C's set by Dyno). I am strongly of the opinion my wife signed this under duress although I suspect this will be very difficult to prove.

I complained to Dyno customer services but it fell on deaf ears.

I have now been presented with a request for payment of £90 from Dyno. They have told me in writing British Gas own the website and it is nothing to do with Dyno, and because we signed the acceptance note we have to pay.

So what next? I have considered going to British Gas and/or contacting the Energy Ombudsman but I suspect I'll be wasting my time? I have searched Google and can't source any info to determine if Dyno are regulated in any way?

I'm at that crossroads at the minute where I'm thinking "do I just pay the £90 for an easy life or should I challenge it with a risk of mounting costs".

Any advice appreciated.

Svein_Forkbeard

Did he sort your problem?

dustyb1605

No, the problem has not been sorted. He looked down a drain, and asked my wife to run a tap and flush the toilet. The rest of him time at the property he spent talking to me on the phone or talking on the phone in his van.

hollydays

Surely her signing is acceptance of the quote

unholyangel

Consumer Contract Regulations - there was certain information you should have been provided with before you were bound by the contract.

Its late so don't have time to look at their website just now but I will tomorrow when I get some time and will post again with any arguments I think you might be able to use in your favour.

The quote signed by your wife after the work was carried out doesn't mean much - consideration can't be past (you can't agree a contract with consideration being something that has already happened). Plus theres the issue that if it was you that entered the contract, she can't bind you to anything unless she's acting formally as your agent (such as when an employee can bind their employer to contracts they enter).

dustyb1605

I should add the Dyno / British Gas website has been revamped since I booked the appointment. I have screen grabs of how it looked when I originally booked, if this is relevant or of any use is there any way I can attach them to this post?.. I am looking at it now and on every page in the '4 simple steps' it reads "Remember, Dyno never charge for call outs. You'll have a no obligation, fixed price quote before any work starts" and "Arrange your free no obligation call-out". It's all there, in black & white & orange.

[Deleted User]

I agree - the website is clear that there is no call out charge and a no obligation quote will be provided. The issue you will have is your wife signed the paperwork. Proving it was under "duress" is very difficult.

What work have they actually invoiced for?

unholyangel

dustyb1605 wrote: »

I should add the Dyno / British Gas website has been revamped since I booked the appointment. I have screen grabs of how it looked when I originally booked, if this is relevant or of any use is there any way I can attach them to this post?.. I am looking at it now and on every page in the '4 simple steps' it reads "Remember, Dyno never charge for call outs. You'll have a no obligation, fixed price quote before any work starts" and "Arrange your free no obligation call-out". It's all there, in black & white & orange.

So if dyno are claiming the website is nothing to do with them, what T&Cs did they give you (given their acceptance note specifies it was carried out in line with their T&C's)?

Also, as I said above, consideration can't be past. At the time your wife signed the note, the work had already been carried out, their consideration for the contract was past therefore its not valid consideration and no contract can be formed on the back of it.

Having looked at their website, either I'm missing it or there are no T&Cs there. Im presuming they're going to try and rely on the exemption for off-premises repair & maintenance contracts, but that would still require them to provide their identity, address, total price, cancellation rights in a durable medium before your wife was bound by the contract (not after). Also, they don't seem to comply with e-commerce laws. I can't find anywhere on the website where it tells you who they are (or their registered office address & company number if theyre a ltd company)

I would perhaps put it in writing to them (even email, just some form that you have a record of whats been discussed) that all that was provided was the no-obligation quote in line with their website. Ask them to prove they complied with their obligations under CCRs and ask them to confirm in writing that they have tried to charge for work that was advertised as free & no obligation so you can pass your complaint over to the relevant authorities for unfair trading practices & misleading advertising.

DaftyDuck

I had an (initially) unhappy experience with Dynorod a year ago. They turned up (paid for by insurance) to repair a drain manhole cover over a 4 metre-deep cistern in front of the house, right in the middle of the drive. They did this, and left. Looked fine.

Six months later, a van drove over it (ordinary delivery type), and drain gave way. Van was undamaged, but several children, four kittens, and one very blue nun did (nearly) fall in.... It was right where I parked, every day, to get the shopping out. If I had fallen in, I would not be crawling out, and would have died a horrible, damp, drowny death. Obviously, I was seriously traumatised amd mentally scarred by the thought of this potential theoretical hazard.

I looked up the code on the manhole cover online... stated on manufacturers site was pedestrian area use only, very clear and very firm.

Phoned local Dyno franchise, who sounded a bit disinterested, but took my details... would get back to me... Pointed out risk to nuns (and innocent poodles) from uncovered drain... seemed totally disinterested...

So, I phoned British Gas, on my landline, who were (then... ? ? still) parent company. They did, indeed seem most concerned about bobbing nuns, and started to take very formal details, assuring me they would ensure it was all fixed in 48 hours and they'd ensure...

... at which point my mobile rang. Was the bloke who fixed the drain, apologising, and offering to come straight over right now with cones, a board, and some lights. It was around 7pm, he was the other side of the county, and I said I could cover it up for now. He assured me they'd be round in the morning. I then, within ten minutes, had a landline call from the local manager, very apologetic, could I confirm serial number/id number, which I did... and he gave an audible "yipes" and admitted they'd fitted several of these in the last months, and all needed to be checked.

Said man arrived next morning, large steel sheet on van. Apologies flowed (dead Abbesses and four fluffy bunny corpses removed first), and measurements taken. Sheet fixed, along with a cute set of barriers and a cone with a light. Flashing. Somehow, I still have that. Whoops!

Phonecall from area manager, problem with exact sizing, and would need to have a reinforced one made. Offered, as a salve, to fix two more drain covers on the same system that were a bit naff... nothing to do with Dyno, just a perk for not blabbing to the Bishop about his drowned religious order.

Week later, two vans, many hands and several covers were fitted. I have one in my front garden that a tank could drive over and hop on. In fact, I think the tank would weep at how thin his armour was in comparison. I was given a complete sheaf of paperwork relating to each cover, and each was countersigned to state it matched what had been fitted.

I then had a follow up call to check all was well, and the manager admitted he'd tracked down two more covers that had been wrongly fitted, and they had already (being more normal) been replaced. They, however, were not over a threat as deep as the Marinas Trench, so nobody really cared, least I didn't!

I was impressed. Your mileage at your local Dyno may well differ. Mine was seriously good service, adn didn't actually need the BG complaint.

Mind you, the only point relevant to the OP in all the above was that British Gas Complaints did take a complaint relating to Dyno!

The local monastery did, indeed, close last month, and my roses are better than ever.

dustyb1605

camelot1971 wrote: »

What work have they actually invoiced for?

On the Dyno invoice "Arrived on site and checked all external drains and internal plumbing where smells are located, finding no blockages".


When I submitted the job via the website there was no reference to a blocked drain, it was about a smell coming up from the external drain. At no stage was a quote provided. When the engineer arrived at the property he said its all on the website and the £90 was a fixed rate, and the 2nd rate was if he used any machinery to "clear them through or give them a blast". He then went on to say the 2nd rate is £145 to have it jet washed, and there was also an offer on to give a free camera survey which would normally be £156 but if they found nothing wrong we wouldn't be charged (!?). He also said if he was on the propery for more then 30 minutes the £90 would increase to £145.



It was at this point I decided enough was enough and requested he leave an invoice with an instruction on it that I would contact Dyno customer services.


Thanks all for your comments. I am going to write them a letter with questions as per the suggestions in this forum. If the thread is still open when I receive a response I will add it to the thread.

dustyb1605

Good news... Dyno replied to my letter to say they have credited my account and apologised for the misunderstanding. Thanks all for your input, it is much appreciated.