How to deal with unfair charges

[SPLINE]

What did he diagnose?

...if you call a professional to perform a service then you have entered a contract and should expect to pay......................if the guy asks for £50 or so, I think he could force you to pay it.

I always expect to pay tradesman that I've called out, even if they tell me bad news! I would want a fuller explanation than 'You need a new boiler' though.

 

[noseall]

So if the guy asks for £50 or so, I think he could force you to pay it.

Whilst I agree a fee can be attributed to his time, I'd be somewhat reluctant to pay it and keep quiet, if he told me the boiler is white, burns lots of gas and the supplier gives him £250 every time he pushes a new Vaillant Ecotec.

 

[motorbiking]

So is that mean he is right to charge me that?

This is the info I want to find out

Thanks

Yes - This is the position.

A county court judge will deem a contract for services has been entered into and performed. If no fee was agreed, the claimant will present information relating to his standard charges being available or he will argue he told you on the phone. The judge will follow the doctrine of quantum meruit ("as much as he deserves") and will award him a reasonable fee, taking into account the time of day, travel, time taken etc. https://www.legislation.gov.uk/ukpga/2015/15/section/51

Your counter claim will be that the service was not performed with reasonable skill and care. https://www.legislation.gov.uk/ukpga/2015/15/section/49 That is not easy to prove and your exclusive remedy will likely have been to ask him to repeat the services, which you did not do or ask for a substantial discount, which you could try - if he sends a demand.

Here is a draft letter in response:

I am writing in response to your invoice dated [Date of Invoice] for the sum of [Amount Claimed, e.g., £150] regarding the emergency call-out to my property on [Date of Visit].
I am disputing this invoice on the basis that the services provided failed to meet the statutory standards required under the Consumer Rights Act 2015. Specifically, I am relying on my rights under Section 49 (Service to be performed with reasonable care and skill) and Section 51 (Price to be a reasonable price).

1. Failure of Reasonable Care and Skill (Section 49)
Under Section 49 of the Consumer Rights Act 2015, there is a strict implied term in our agreement that you must carry out the work with reasonable care and skill. You failed to meet this standard because you were called out to repair a faulty heating system, but your diagnosis of the fault was incorrect. As a direct result of this misdiagnosis, the issue was completely unresolved and the heating system remains entirely non-functional. A competent engineer working with reasonable skill would have correctly identified the problem. Because the central purpose of the call-out failed entirely, I have had to hire a second engineer to correctly diagnose and fix the actual problem.

2. Absence of an Agreed Fee (Section 51)
No call-out fee, hourly rate, or fixed price was agreed upon before you attended the property. Under Section 51 of the Act, where a price is not determined beforehand, a consumer is only required to pay a "reasonable price". Your current invoice of [Amount] is entirely unreasonable given that your visit provided absolutely no material benefit and left the system broken. An arbitrary or flat-rate call-out fee cannot be applied after the fact without prior notification, especially for a failed and incorrect diagnosis.

Proposed Resolution
Under the Consumer Rights Act 2015, where a service is not performed with reasonable care and skill, a consumer is entitled to a price reduction. Because I have had to instruct another engineer to correctly resolve the issue, repeat performance by your company is not appropriate. Given that your visit failed the statutory test of reasonable care and skill and resulted in zero benefit to me, I consider a 100% price reduction to be the only fair outcome. If you decide to pursue this matter through the Small Claims Court, this letter will be brought to the attention of the judge to demonstrate my reasonable attempts to resolve the dispute and your failure to comply with the Consumer Rights Act 2015.

Yours sincerely,

 

[johnny2007]

Some boiler technicians will try to sell a new boiler to anyone.
I've been in the same situation when only the fan had packed up after the boiler was unpowered for a few weeks whilst we were on holiday.
I paid £120 because I was told that was the fallout fee, but never contacted that boiler technician again.
His loss considering I had recommended him to lots of people before he became the "new boiler" guy.

 

[motorbiking]

I just had a new boiler fitted in one of my properties. PCB failure, emergency call out was £85, engineer got it working again, few weeks later it failed again. could have been replaced for £300 but at nearly 20 years old, and some signs of corrosion leakage it was time to bite the bullet.