Your repair visit charge

superM

Hi,
I taken out a boiler cover ovetr a year ago. At the time i taken the policy out there was no infornation on there website to say there would be a charge if an engineer visits and find no fault to the boiler. The charge is hidden in there terms and conditions. The were some issues with the boiler so at the time of the claim I was told there would be a charge if engineet finds no fault. The visit was booked unfortunately I had to pay the charge which was £100 i think. I did complain and spoken to several people but the only answer i had its covered in the T&C and I was told. I feel they hidden the information. They need to pay back either that £100 or monthly payment I paid to them. 
The only reason I am saying that now becuse i have seen following in one of the other forums Consumer Protection from Unfair Trading Regulations 2008 which states:

A trader is guilty of an offence if he engages in a commercial practice which is a misleading omission under regulation 6.

and regulation 6 states:

1) A commercial practice is a misleading omission if, in its factual context, taking account of the matters in paragraph (2)—
(a)the commercial practice omits material information,
(b)the commercial practice hides material information,
(c)the commercial practice provides material information in a manner which is unclear, unintelligible, ambiguous or untimely, or
(d)the commercial practice fails to identify its commercial intent, unless this is already apparent from the context,
and as a result it causes or is likely to cause the average consumer to take a transactional decision he would not have taken otherwise.

Just need your opinion before I take tge matter further. 
Thanks

sheramber

Do you mean the  fixed call out f shown on the first page?
https://www.yourrepair.co.uk/products/homeowner

superM

No its not a call out fee.  Call out is free of charge however if they fiind there were no fault then charge will be made. This is not on there website but hidden in there terms and conditions. 

superM

This is what it says after I put in the claim:
IMPORTANT **Please be aware that if our engineer attends and the problem is a user error, something that isn't covered under your plan, or you miss the appointment the engineer schedules with you, you will be charged a call out fee of £90. 

superM

superM said:

This is what it says after I put in the claim:
IMPORTANT **Please be aware that if our engineer attends and the problem is a user error, something that isn't covered under your plan, or you miss the appointment the engineer schedules with you, you will be charged a call out fee of £90. 

They should have mentioned about this on there website or FAQ. Its nothing there.  

Spank

It gave you this information when you booked? If so I can't see you having a valid claim.

Aylesbury_Duck

Did you read the terms and conditions before you agreed to them?  If you did, then the relevant term wasn't hidden, you just missed it. If you didn't, then it wasn't hidden, you just didn't look for it.

cymruchris

What issues did you have that turned out to be user error? If there was nothing wrong with the boiler - and it was because it wasn't set up properly, I might expect there to be a charge for their time. The cover you're paying for is to rectify actual faults. Has the problem you had before they came now gone away? Was it a setup issue that they actually helped you with and now it's working perfectly? If that's the case, I'd probably pay the fee out of embarrassment of not reading the instructions properly

If they sent you this:

IMPORTANT **Please be aware that if our engineer attends and the problem is a user error, something that isn't covered under your plan, or you miss the appointment the engineer schedules with you, you will be charged a call out fee of £90. 

When you reported the 'fault' before the engineer attended - then it's a case of you didn't read it and missed it.

Were_Doomed

I think the OP is saying such a material term of the contract was hidden in the small print and not obvious before the OP contracted with the company to provide the service plan. (OP didn't contract with them to come out for this problem - they contracted with them for a service plan. It's only when they've come to call them out under the terms of the plan that this charge has been made clear ... OP is saying it was NOT clear pre-contract).

Supersonos

superM said:

This is not on there website but hidden in there terms and conditions. 

How did they hide it in their T&Cs?  I think what you mean to say is, it was in the terms and conditions of the contract you signed, but you just didn't bother to actually read them.

Were_Doomed

Supersonos said:

superM said:

This is not on there website but hidden in there terms and conditions. 

How did they hide it in their T&Cs?  I think what you mean to say is, it was in the terms and conditions of the contract you signed, but you just didn't bother to actually read them.

Terms which are significant must have the same prominence as other terms of the same significance. IMHO the term which charges for non-fault call-outs should be equally prominent as the cost of the service plan. If it is hidden away in the T&Cs yet other financial terms are easily found/prominently shown then this may be classed as an unfair term. That wouldn't cause the contract to be rescinded, but may have the effect of voiding that term from the contract.

Ultimately only a court can decide that.