Feeling ripped off

[gasbanni]

From the document you posted

"If the service is provided in full within 14 days The right to cancel can be lost during the cancellation period if the service is provided in full before the 14 days elapses."

"If you request a service starts straightaway In this instance you will still have the right to cancel, but you must pay for the value of the service that is provided up to the point you cancel."

"Exemptions There are some contracts where you won’t have a right to cancel a service. For example, hotel bookings, flights, car hire, concerts and other event tickets, or where the trader is carrying out urgent repairs or maintenance."

Glad you've pointed that out ! It must have changed. Years ago it covered all contracts concluded away from business premises including Emergency callouts that's why I contacted trading standards to ensure I did everything correctly.

 

[Doggit]

Whilst they have a degree of carte blanche to charge whatever they like for a call out fee, £220 for a £30 lock is blatant overcharging, so I suspect it can, and should, be referred to trading standards, if only because they should have set out their costs before they started the job, and give your wife the chance to say no. Her failure to ask the cost, does not negate their responsibility to be upfront about what they are charging, otherwise they can just pick a figure out of the air, depending on what they feel they can get away with.

 

[Mottie]

Now come on, you’ve got to put some responsibility on the 'customer'. Surely one of the questions you’d ask in a situation like that would be the cost, even if not in the initial call, you’d ask the bloke when he turned up before he started work. Can the OP not claim back through their home insurance?

 

[motorbiking]

I feel the need to educate
There has never (in the last 30+ years or so) been a right to cancel a services contract after it has been performed. Any cooling off period or cancellation rights exist only up until work starts. Any waiver signed, has the effect of confirming that cancellation rights end given work has started, you can't waive statutory rights. Further if you cancel you still may be liable for costs incurred up to that point, subject to agreed terms. The cancellation rights being discussed in this thread, are largely related to distance selling and contracts formed in the home (or consumers place of work).

Cancelling goods and services:
Prior to The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, we had The Consumer Protection (Distance Selling) Regulations 2000, which replaced The Mail Order Transactions (Information) Order 1976. We also have the Consumer Rights Act 2015 http://www.legislation.gov.uk/ukpga/2015/15/contents/enacted None give you the right to change your mind for services after work has been completed.

We also have (but not applicable here)
The Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2008
https://www.legislation.gov.uk/uksi/2008/1816/regulation/1/made

and for completeness the Consumer Credit Act 1974 (as amended)

The OPs situation is covered by basic contract law. if as reported, no price was discussed or agreed, then the OP's mrs was not under any obligation to pay the demanded price and could have haggled a more reasonable deal. She entered in to a contract when he presented the bill and she paid the bill. Up until that point the fee (the consideration) of the contract had not been agreed, so the contract was incomplete. The locksmith was to some degree working at his risk, until she agreed to pay. The necessary components are offer to do something for consideration (an agreed fee in this case) and acceptance by the other party.

 

[bluebaron]

Thanks for advice folks.

Hoping the insurance will cover it. Have educated my wife accordingly.

 

[Doggit]

Might be cheaper to contact trading services, and see if an intervention will get you a reduction, rather than claim off the insurance.

 

[HawkEye244]

Live and learn

 

[FiremanT]

Now come on, you’ve got to put some responsibility on the 'customer'. Surely one of the questions you’d ask in a situation like that would be the cost, even if not in the initial call, you’d ask the bloke when he turned up before he started work. Can the OP not claim back through their home insurance?

So he would have been okay to charge £5000 for the lock,as she didnt ask? Or £3K, or £1k?
Unfortunately, the money has already been lost, but that does not alter the fact that he is a rip off merchant, abusing his power and size.
He should be named and shamed.

 

[JohnD]

It's possible the law has changed, but it used to be that when you perform a service without agreeing the price beforehand, you are allowed to demand "a reasonable amount."

Not the case here, I think.

 

[motorbiking]

That is still true and had she refused to pay, that would be the basis of his claim.

But you can also ask for whatever you like and if someone pays then they agree to i‎t.

 

[Doggit]

But you can also ask for whatever you like and if someone pays then they agree to i‎t

Not quite, see post 5, and then consider intimidation.

 

[motorbiking]

Yes it’s an angle. but being huge and keen to get off doesn’t amount to duress.

Nothing suggested so far gives the view that she protested about the price.

 

[Mottie]

So he would have been okay to charge £5000 for the lock,as she didnt ask? Or £3K, or £1k?
Unfortunately, the money has already been lost, but that does not alter the fact that he is a rip off merchant, abusing his power and size.
He should be named and shamed.

I’d like to think that even at £1K, the price would be challenged but the time to challenge the price is when you are presented with the bill. You have next to no chance getting a refund once you have paid up. All you can do is put it down to experience and learn from it. He'll get his comeuppance one way or another in this world or the next. Unfortunately, I don’t think that naming and shaming him on here would make the slightest bit of difference to him.

 

[bluebaron]

Just returned form being away to see its fitted a basic ERA barrel that cost less than £10 and charged me £220 for. Bloody thing it the wrong colour as well. I called to say ill return it for a refund and he said once fitted can't be refunded! Not sure if i can argue not fit for purpose based on colour!

I'll lodge a complaint with trading standards. Doing a quick check several reviews online for this guy same issue.

 

[motorbiking]

Did you check if he's a member of MLA?
http://www.locksmiths.co.uk/faq/complaining-about-a-locksmith/