cheaplocksmiths.net a scam

Rufotron

so , locked my car keys in my boot like a fool.
Panicked a bit so called a locksmith, claimed to be local , the website had a pic of the town, the guy on the phone asked where I was and said he knew it well when I said where I was, took my reg  Said they would be 20 mins max, 20 mins passed, noticed i had a text from 'Tom' the guy didnt sound like a tom , confirming the 20 mins. I called, said he would chase it, then texted back saying 30/40 more mins. something to do with systems??? 40 mins passed, texted back saying whats going on? they said 30 mins more, I said forget it, they said there was a cancelation fee,
I really had to get back to work at this point .
they said I had 3 choices, wait and pay the discounted rate?? 
pay full rate 
they send the bailiffs, using my reg
www.cheaplocksmiths.net
now I know I Panicked, and should have known better,
but we made no agreements, cant see anything on their website about cancellations
im just going to ignore? any other advice ?

flaneurs_lobster

Ignore is what I'd do.

How did you retrieve your keys (or is the car still there)?

DE_612183

Did you pay anything - or agree to pay anything?

This is their cancellation policy....

• Cancellations can be done by yourself via Text, Telephone or E-mail.
  – No refunds will be given for any cancellations made within 72 hours of the date work is set to commence.
  – No refunds are available once the work has commenced.
  – No refunds are given in case of either delay or non-appearance on the part of the customer.

If you agreed to the work, then a contract has been formed - they could hold you to it, and if unpaid pursue you via a MCOL and ultimately a CCJ if it remains unpaid - will they do this though? I doubt it.

saajan_12

DE_612183 said:

If you agreed to the work, then a contract has been formed - they could hold you to it, and if unpaid pursue you via a MCOL and ultimately a CCJ if it remains unpaid - will they do this though? I doubt it.

Agree sounds like they had a contract, to do XYZ work in 20 minutes time. If the trader instead didn't arrive for 90 minutes and counting, ie at least 4x as long for something that's inherently an urgent item, I'd say they breached a material term. 

MyRealNameToo

Rufotron said:

so , locked my car keys in my boot like a fool.
Panicked a bit so called a locksmith, claimed to be local , the website had a pic of the town, the guy on the phone asked where I was and said he knew it well when I said where I was, took my reg  Said they would be 20 mins max, 20 mins passed, noticed i had a text from 'Tom' the guy didnt sound like a tom , confirming the 20 mins. I called, said he would chase it, then texted back saying 30/40 more mins. something to do with systems??? 40 mins passed, texted back saying whats going on? they said 30 mins more, I said forget it, they said there was a cancelation fee,
I really had to get back to work at this point .
they said I had 3 choices, wait and pay the discounted rate?? 
pay full rate 
they send the bailiffs, using my reg
www.cheaplocksmiths.net
now I know I Panicked, and should have known better,
but we made no agreements, cant see anything on their website about cancellations
im just going to ignore? any other advice ?

Most locksmiths arent a one man band so even if you speak to Russel on the phone he may well send Tom to you as the guy thats likely to get there first based on where they are and what job they are currently doing. 

You can see on their website they cover a significant proportion the north of England and Wales. Given there is a single telephone number on their site it's fairly unlikely that it's a one bloke covering all that area. 

Terms are at https://cheaplocksmiths.net/terms-and-conditions/ which says you must give 72hrs notice for cancellations. 

To me there are many points to say they arent a big firm covering a wide area nor a slick intermediary passing jobs to local guys. It's up to you if you want to call their bluff or not. Maybe they are the type that would sue, maybe they are the type that think you finding your car having no windows is more effective. 

Beeblebr0x

The guy didn't turn up twice. They can't hold you to a contract that they failed to fulfill at their end. What "systems" do they need, apart from a working telephone? 🙄

the_lunatic_is_in_my_head

MyRealNameToo said:

Most locksmiths arent a one man band so even if you speak to Russel on the phone he may well send Tom to you as the guy thats likely to get there first based on where they are and what job they are currently doing. 

You can see on their website they cover a significant proportion the north of England and Wales. Given there is a single telephone number on their site it's fairly unlikely that it's a one bloke covering all that area. 

Terms are at https://cheaplocksmiths.net/terms-and-conditions/ which says you must give 72hrs notice for cancellations. 

To me there are many points to say they arent a big firm covering a wide area nor a slick intermediary passing jobs to local guys. It's up to you if you want to call their bluff or not. Maybe they are the type that would sue, maybe they are the type that think you finding your car having no windows is more effective. 

I thought you'd been here long enough to know that "terms say xyz" is a poor answer for consumer rights?

Distance contract, likely limits of application regarding urgent repairs and maintenance apply so no right to cancel but information requirements still apply, for contracts concluded over the telephone the trader needs to provide the following for the consumer to be bound by the contract:

https://www.legislation.gov.uk/uksi/2013/3134/regulation/13

(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.

as well as

https://www.legislation.gov.uk/uksi/2013/3134/regulation/16

16.—(1) In the case of a distance contract the trader must give the consumer confirmation of the contract on a durable medium.

(2) The confirmation must include all the information referred to in Schedule 2 unless the trader has already provided that information to the consumer on a durable medium prior to the conclusion of the distance contract.

(4) The confirmation must be provided within a reasonable time after the conclusion of the contract, but in any event—

(a)not later than the time of delivery of any goods supplied under the contract, and

(b)before performance begins of any service supplied under the contract.

The Consumer Rights Act also stipulates:

https://www.legislation.gov.uk/ukpga/2015/15/section/50

(1)Every contract to supply a service is to be treated as including as a term of the contract anything that is said or written to the consumer, by or on behalf of the trader, about the trader or the service, if—

(a)it is taken into account by the consumer when deciding to enter into the contract, or

(b)it is taken into account by the consumer when making any decision about the service after entering into the contract.

(2)Anything taken into account by the consumer as mentioned in subsection (1)(a) or (b) is subject to—

(a)anything that qualified it and was said or written to the consumer by the trader on the same occasion, and

(b)any change to it that has been expressly agreed between the consumer and the trader (before entering into the contract or later).

(4)A change to any of the information mentioned in subsection (3), made before entering into the contract or later, is not effective unless expressly agreed between the consumer and the trader.

Trader is in breach by failing to fulfil the terms of contract. 

Their late payment charges are interesting, AFAIK they can't charge late fees, certainly not £25 to a maximum of £50 per day (so what they are applying late charges twice a day?) as this is a penalty.  

@Rufotron

They can't just send bailiffs to your door, they'd have to go to court and win before it gets anywhere close to that.

Reviews online suggest threats of bailiffs when customers cancel due to lateness are not a one off. 

Unless you get a letter before action or court papers in the post I would ignore. 

Side note debt collectors are not bailiffs and have no powers other than to annoy. 

I don't see their address on that website, you shouldn't engage with any company not displaying an address (appreciate you was locked out and so would be more pressured than usual). 

MyRealNameToo

the_lunatic_is_in_my_head said:

MyRealNameToo said:

Most locksmiths arent a one man band so even if you speak to Russel on the phone he may well send Tom to you as the guy thats likely to get there first based on where they are and what job they are currently doing. 

You can see on their website they cover a significant proportion the north of England and Wales. Given there is a single telephone number on their site it's fairly unlikely that it's a one bloke covering all that area. 

Terms are at https://cheaplocksmiths.net/terms-and-conditions/ which says you must give 72hrs notice for cancellations. 

To me there are many points to say they arent a big firm covering a wide area nor a slick intermediary passing jobs to local guys. It's up to you if you want to call their bluff or not. Maybe they are the type that would sue, maybe they are the type that think you finding your car having no windows is more effective. 

I thought you'd been here long enough to know that "terms say xyz" is a poor answer for consumer rights?

If you read the original post they said:

Rufotron said:

 cant see anything on their website about cancellations

I wasnt stating that the terms were compliant or enforceable only pointing out that they are there and what it said.

the_lunatic_is_in_my_head

MyRealNameToo said:

If you read the original post they said:

Rufotron said:
cant see anything on their website about cancellations

I wasnt stating that the terms were compliant or enforceable only pointing out that they are there and what it said.

Fair enough, just you didn't say they wasn't either and absence of such could be taken by the OP they are