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Sent invoice after asking for a quote ***Resolved***


MarioRossi
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Hello all,

 

I would be grateful for some opinions from forum members on a dispute I’m having. 

 

I called a repair company in July to ask for a quote to repair a ride on lawnmower that was running but the cutting deck was not starting. I mentioned I suspected it was an electrical problem and they offered to have someone else call. No mention of any callout charge or charge to quote was mentioned. 

 

An engineer later called me and said they would look over the machine and get me a price for repairs. They turned up later that day and I showed them the machine. They spent approx. 15 minutes inspecting, they did not diagnose a specific issue but said they would call back later with a price to repair the entire electrical system as it appeared to have had lots of modifications.

 

After not hearing back I called their office and the person answering said they would get the engineer to call back. The engineer did call back not long after and stated a price that seemed very high so I declined. 

 

Two weeks later I received an invoice for just under £200 that included travel expenses, “consumables” and a labour charge for checking over the machine, rewiring a switch, visually checking a circuit board and pricing up parts. The invoice concludes with “customer not wanting to proceed further with repairs”

 

I replied to the invoice via post and email and disputed it stating I had no contract with their company and asking for info on why they believe one to exist to which I got no reply. 

 

I then received a phone call last week while busy with something else. I did not get involved in any discussion and asked for them to put any concerns in writing. 

 

Today I received another copy of the invoice with a letter before action again asking for payment and threatening to place the matter in the hands of a solicitor. 

 

What is my legal position? My impression is it is a try on as I specifically asked for a quote and no mention was made of charges for this or any promise of payment made but due to the threat of legal action I would be grateful for impartial opinions. 

 

Many Thanks

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Hi Mario and welcome to CAG

 

When you discussed wanting a quote to repair, were you told of any charges being made for the initial visit.

 

When you were visited, did you sign any paperwork at all.

 

It does sound like a try-on and I would make no response at all to any calls or invoice/demand. But see what others suggest here too.

 

By replying to the demands, you simply encourage them.

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Quote

I called a repair company in July to ask for a quote to repair a ride on lawnmower 

 

Was this from an advertisement or on line website ? or a company you had previously used or been recommended ?

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Hi Slick132,

 

Thanks for your reply and warm welcome. No I was not told of any charges for the visit or for preparing a quote. I did not sign any paperwork or agree to any charges at all.

 

1 minute ago, Andyorch said:

 

Was this from an advertisement or on line website ? or a company you had previously used or been recommended ?

 

Thanks Andy. I originally called a different company I found from a web search. They didn’t deal with my make of mower and gave me the number of this company. 

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You seem to be saying that they didn't carry out any work – but they say that they "rewired a switch".
Please can you comment on this.

Was there any improvement in the condition of the mower after they left?

Of course I agree with my colleagues that this is probably a try-on – but we need to understand everything.

You may be interested to know that in any contract for services, where a price has not been agreed beforehand then a reasonable price is to be implied. This means that even if eventually it was held that there was a contract in existence, because you hadn't agreed the price in advance, you would only be obliged to pay a reasonable price.

As the mower functioning now? And if it is how did you get it fixed? Have you had anybody else look at it or understand its condition and to give you another view as to the problem?

You also, it occurs to me that this is clearly a fairly substantial lawnmower. This is a private matter or are you a commercial/trading operation?

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Hi BankFodder,

 

Thanks for helping. They did indeed rewire a switch while inspecting though I did not ask for this. There was no improvement to the mower when they left. I was left with a non functioning mower in a worse condition than when they arrived as they removed the steering wheel and some other plastic coverings to get access to the circuit board they visually inspected and did not refit these. 
 

The mower was sold as seen in a non working state via Facebook marketplace and I no longer have it.

 

This is a private matter. I am not a commercial operation. 
 

I assume based on your questions that for any “reasonable charges” to be made I would need to have received some benefit?

Edited by MarioRossi
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Yes, I think it's reasonable to expect that you pay a reasonable price for a reasonable result. If there was no difference in the condition of the mower then I did think that you should be obliged to pay any money.

 

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I suggest that you write them one letter. Nothing else.

 

Quote

Dear Sir/Mdm

I have received your letter and your invoice number XXX dated XX for £200 in respect of work which you apparently carried out to my lawnmower on XXX date.

As you well know, I called you initially simply for a quote and you suggested that the best way to give me an estimate of the costs of repairing my lawnmower was to send somebody along to carry out an inspection. You are

When your engineer arrived, they spent about 15 minutes examining the lawnmower and apparently carried out some electrical work to switch. Whatever work they did carry out, was carried out without any reference to me and without asking me if I agreed.
Furthermore, it had no effect and the lawnmower remained in its broken state. Additionally, your engineer removed various parts and coverings from the lawnmower and failed to replace them so that in fact the lawnmower was left in a worse state than it was before he arrived.

 

In your letter you threatened me with a court action if I do not pay your rather generalised invoice.

Bring it on.

Yours faithfully

 

 

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Incidentally – the "bring it on" statement at the end, was not a joke. I seriously suggest that you include it in your letter.

Also, I notice that you actually haven't told us the name of the repair company. Please let us know who they are

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Ah interesting. I had thought it a joke. I went with the following and have asked someone to print already.

 

Quote

In your letter you threatened me with a court action if I do not pay your rather generalised invoice.

 

You are invited to take this action.

 

I'm still able to change it and re-print. You're probably right that I need to be more forceful.

 

The company is Rickerby Ltd

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26 minutes ago, Homer67 said:

That's fine, send it, ignore anything else they send unless it is a Letter Before Action, if they send one, come back here for advice on how to respond.

 

As I understand it this is a letter before action (It is headed "Final Notice Before Legal Action"). The first mail I received was simply the invoice to which I replied stating no contract existed and asked only why they believed otherwise, nothing else. I received no reply. This latest letter is titled "Final Notice Before Legal Action", exact wording below.

 

1818404031_noticebeforelegalaction.thumb.jpg.81f0790df0dad44f1099f0f851d9951f.jpg

 

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26 minutes ago, MarioRossi said:

Ah interesting. I had thought it a joke. I went with the following and have asked someone to print already.

 

 

 

Why should I be joking?

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  • BankFodder changed the title to https://rickerby.claas-dealer.co.uk/Sent invoice after asking for a quote

Only a Solicitor can send a LBA...LBC...not the client 

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  • BankFodder changed the title to Sent invoice after asking for a quote

Excellent.  Well done and thanks for the update

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  • Andyorch changed the title to Sent invoice after asking for a quote ***Resolved***

Topic title amended 

We could do with some help from you.

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Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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