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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I needed a plumber and

Resolved Question:

I needed a plumber and rang a firm I saw on the internet. This was mdi-morning.I advised them of the problem and that my system needed a new gate-valve between the feeder tank and hot water cistern. They advised that they could do the job and read out their terms and conditions to me. From subsequent events I discovered that the card was a little ambiguous and did not explain fully haw they would operate. I was told that a plumber would be at my house within 2 to 3 hours.
I subsequently got a phone call saying that the visit will be between 3.30 and 4.00 pm. A further call said they it would be between 5.30 and 6-00 pm.
The plumber arrived just after 6.00 and got me to sign a form saying that he had arrived at 6.02 pm. He then looked in the airing cupboard and stated that he did not have a part to do the job, if he had been advised as to what part was required he would have done the job there and then. I told him that I had advised his office what was required and did not expect to pay for a seemingly fruitless visit.
The plumber rang his office and put me onto the representative who advised me that I had agreed to the T and C and would have to pay. I told him that I thought they were operating a scam but he just kept repeating that I had agreed. I asked to speak to a manager who should ring me back on my landline so that the plumber was not hanging around for nothing. I did not receive a return call so I arranged for another plumber tp do the job the first thing the following day.
Feeling concerned that the first company had my credit card details I contacted my card supplier and they put a stop on my card first thing this morning.
Just after 3.00 pm today I got a call from the first plumber stating that I had told them what was required but they still sent out a man to diagnose the problem, go away and return with the relevant part and do the job. Any time left from the first visit would be credited to the second visit. I do not believe that this was explained to me prior to my booking the job and was definitely not mentioned by the plumber.
As an aside the plumber arrived in an old car not a trade van and parked down the street out of my window sight line.
I assume that they tried to use my credit card, discovered that it was blocked and came back to me for payment. I stated that I was not going to pay and was advised that the issue would be put in the hands of a debt collector.
Please could you tell me here I stand?
Submitted: 1 year ago.
Category: Law
Expert:  Joshua replied 1 year ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

May I ask if you still have a copy of the form you signed when the plumber visited? If so or if not from your memory, do you recall if the plumber gave you a copy of a notice headed "Your right to cancel" or words to this effect please?
Customer: replied 1 year ago.

I have been given no paperwork whatsoever. Neither from the initial phone call nor from the plumber.I do recall that the form I signed was at least duplicated but was not given a copy

Expert:  Joshua replied 1 year ago.
Thank you. On that basis the position is relatively simple. The rather long winded named Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 provides you with a 14 days cooling off period to change your mind about the service because the agreement was either entered into on the phone or in your house. Based on what you say it was probably on the phone but the same cooling off period applies in either case so it is realy immaterial. Unless you were given a notice informing you of your right to cancel the agreement and you asked to sign a specific waiver in relation to your cooling off period - this cannot be hidden in the small print - then you have 14 days from the date you entered into the contract to change your mind and cancel. If they did not supply you with the above notice, the 14 day period is extended until 14 days following the date they do give you the information they are required to give you.Accordingly, if you have decided to cancel the service which I have no doubt from what you say you have, the only requirement is that you give them notice in writing and accordingly, you may wish to either email them or write to them in the post advising that you are giving them notice of your decision to cancel their service under the above regulations and that no money is due to them on the basis that they have failed to comply with the above regulations and in addition because they have not carried out any work on your behalf despite promising to do so and are therefore in any event in breach of contract.You do not need to give a reason for your decision to cancel though and they are not entitled to charge any money once your cancellation notice takes effect. Keep a copy of your cancellation notice either in your sent items folder if sending by email or sending by post, keep a copy of the letter and the proof of sending receipt though there is no need to send by recorded delivery.I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Customer: replied 1 year ago.

This is most helpful and allays my fears but,

I do not have an address or email address.

How do I contact them. If I ask for the above on the telephone I suspect that I will not be told. They must have gone through this scenario before. Can I relay my cancellation via the debt collector if they pursue me?

Expert:  Joshua replied 1 year ago.
I am glad the above was of assistance. If you have not been given an address for service then you cannot given them a cancellatio notice but since the 14 day period does not start for 14 das from the date you are given a cancellation right notice there is no rush to provide one. You could call them and ask them for an emakl address or address to write to them at or you could try typing in the number into google and see if it matches with a company and address. If they have attempted to charge your credit card your card provider will be able to give you the company information that tried to process a charge to your card. However if they have not given you a cancellation notice as above your 14 days cancellation period does not start until they do so there is no particularly need to rush or do anything at all. In the unlikely event debt collectors contact you, you can give them notice which is deemed served on the original company.Have I been able to help you with all your questions on the above?
Customer: replied 1 year ago.

Yes you have been most helpful. I shall try to get an address but if not I shall await further developments.

How can I retain your response? I cannot print it off.

I do not want to rate you yet because I may lose this reply. Will do so next

Expert:  Joshua replied 1 year ago.
If you would kindly provide a rating this will save the thread to your account and you can access it at any time. If you would like a copy by email I can also ask customer services to email you a copy if you would like?
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and other Law Specialists are ready to help you
Customer: replied 1 year ago.

I am not very good with computers it would be great if I could have a copy of all this.

Expert:  Joshua replied 1 year ago.
Many thanks. I will ask them to email you a copy - this should be within 24 hours.
Customer: replied 1 year ago.

Roger, over and out.

Many thanks

Bill

Expert:  Joshua replied 1 year ago.
A pleasure. Best wishes.

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