Being charged without agreeing costs first

trippy

I’ve just had loads of private blood tests carried out for my daughter. The dr ordered tests from 3 different labs who all approached this very differently. Two of them sent collection kits with a requisition form detailing the cost for each test and for me to complete my payment details to return with the samples.

The third has been a pain in the backside. I had a list of tests the dr wanted from this lab and sent this to them and they arranged for the kits to be sent to me. When I received the first kit (for urine tests) I sent an email to the lady I had been speaking to at the lab telling her that the 2nd kit for the blood tests was missing and asking for collection instructions about the one I’d received. I also asked about the cost of the tests as there was no information about this in the kit as there had been from the other labs. She then phoned me and we had a conversation about the missing kit for the bloods and I again asked about the cost of the tests. She said she’d work it all out and email it to me, and that I would receive an invoice after they’d been processed. The email said “The total amount is £1,556”. I understood this to mean the total cost for the tests for both kits as that was what we had been speaking about.

I’ve now received invoices for all the tests and it comes to just under £3,500. The invoices weren’t itemised so I contacted them for a detailed breakdown. Some of the tests have been charged twice, so I have asked them to look into this. And it’s looking like the email quoting the total cost referred only to the urine kit I had received, and there is another £1,000 due for the blood tests. 

I was wondering what comeback there is from this. I didn’t agree to pay £2,500 for these tests. I was never quoted a figure for the blood tests. As far as I’m concerned they quoted £1,556 as the total amount. Reading the email back though, they could argue that I had only asked in the email about the urine tests, even though we then talked about the blood tests as well during the phone call. 

Any advice please? Thanks.

the_lunatic_is_in_my_head

www.legislation.gov.uk/ukpga/2015/15/section/51/enacted

Reasonable price to be paid for a service

(1)This section applies to a contract to supply a service if—

(a)the consumer has not paid a price or other consideration for the service,

(b)the contract does not expressly fix a price or other consideration, and does not say how it is to be fixed, and

(c)anything that is to be treated under section 50 as included in the contract does not fix a price or other consideration either.

(2)In that case the contract is to be treated as including a term that the consumer must pay a reasonable price for the service, and no more.

(3)What is a reasonable price is a question of fact.



I can't help with what should be a reasonable price for this kind of thing I'm afraid. 

trippy

Thank you for signposting this. I’ve looked into it and have also found this:

You should note that many contracts, including contracts for the supply of a service, are also covered by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which means that you must be given the total price (or the way in which the price is worked out) before the contract is made.

 

unholyangel

Technically, there may be no contract. If there was no agreement over the main terms. This is also assuming you're in england (contract formation is slightly different in Scotland). 

However I'd first ask if you've had the results. And also to consider that if there's no contract then you'd end up having to pay again anyway (either to them or a different provider if there is one). 

Lastly, there is an exemption for some medical products/services from the information requirements (that lunatic mentions). So I'd check that exemption first. 

trippy

I haven't had the results yet as they are going straight to the consultant, but we have an appointment today so I will know then which ones have been received. I guess at the point of receiving the results the contract is implicit? 
I've had a look for the exemption list but can't find anything. Will keep checking.
The problem is that if I had known the tests were going to cost £2,500 I wouldn't have done them all in one go and I now I have to find another £1,000 from somewhere to pay these invoices.