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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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, Can you help me. We called an intercom company to repair

Resolved Question:

, Can you help me.
We called an intercom company to repair the intercom on our flat.
They agreed to come and have a look. No mention of a call out charge.
They came had a look and send a quote stating new phone needed. If we agreed to the work the charge would be £95 phone and labour. If not they would charge us £65 call out fee.
We agreed and a week later they turned up with a new phone to do the job. After a while the engineer said the phone they ordered was no good and the existing one was discontinued so he couldn't do the job. He left a job sheet stating this but no other arrangements were made to complete the job.
The original company sent us an invoice for £65 call out fee, we argued this as the job wasn't done so it was their fault not ours. They agreed to only charge us 50% (£32.50). At the time we accepted this thinking the job was impossible.
To double check we called another company to look at the work and within a couple of day completed the repair with no problems.
I then wrote to the original company to say I refuse to pay the £32.50 as it was their incompetance and if they couldn't do the work they should have said and walked away. They were going to charge a call out if we didn't allow them to complete the job. We did but they didn't complete it.
They are now saying if we don't pay they will take the matter to court. Can they do this?
Thanks & Regards ***** *****
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Claire my name is ***** ***** I will help you with this.
Alex Watts : Have they threatened court or anything?
Customer:

If we don't pay the 32.50 they will instruct their solicitor to take matters further.

Alex Watts : I don't think you need to pay.
Alex Watts : They didn't do the service properly so you shouldn't have to pay.
Alex Watts : If they try and issue a claim but it would be s small claim.
Alex Watts : your defence is that they failed to act with all reasonable skill and care pursuant to section 13 of the sale and supply of goods and services act 1982
Alex Watts : It will cost them more to take it to court than it's worth. Legal costs can't be claimed in a small claim
Alex Watts : Can I clarify anything about this today please?
Customer:

Thank you as you can imagine this is a matter of principle not money.

Alex Watts : Indeed. If this does answer your question can I ask you to rate my answer before you go, the button should be at the bottom of the screen
Alex Watts : If you need more help please click reply
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