Toilet job done while not at home without quotation and agreement

[CoralA]

Hi everyone,

I asked a plumbing service provider about getting a toilet in my house fixed. The receptionist advised that if they come out to my house and they issue a quote but I do not accept that they will charge a call out fee. However, if they did come out, quote and I accepted that they would not charge a call out fee as it would be inclusive of the job.

Last week Monday I called to enquire about availability for workers to do the job in the afternoon - they couldn't. Tuesday morning I was told they would be at my house before 10:00. They didn't arrive and i needed to get to the shops. They arrived just after 10:00 and my domestic worker let them in. The searched the house for the problematic toilet and then repaired the toilet. I received no calls, no information, no quotation - nothing.

I then received an invoice for the job stating the labour and materials was for 09:20 - 11:20am but my domestic worker is adamant they only took 30 minutes to fix the toilet (time in and out of the property), I also got charged a transport fee (which the receptionist claims is not the same as a callout fee) for R6 per kilometer before VAT but no mileage from start to end of trip was recorded in the job card.

When I spoke with the manager/owner he got extremely sarcastic and aggressive and even went so far as to say things like "the job fee is a drop in the ocean to him" and "it's not my fault you weren't at home when my workers arrived" even though I phoned the receptionist when I left the house to notify her that I would only be home by lunch again.

I am not happy about this situation and would like to know if I have to pay for the transport fees even though I agreed to nothing and they have provided no mileage for the trip. I also want to know if I must pay the full labour fee if I can prove they were not even at my house by 09:20am?

Thanks very much - appreciate any advise or guidance here!

[AmithS]

Not 100% sure what is exactly on the invoice. The time could also include the time it took to get to your home and back to their place of work... not just the hours worked at your home.

[ians]

always 2 sides to a story...you want to know if you have been ripped off... post a copy of the invoice and make sure you send a link to the company so that they have the opportunity to tell us their side of the story...by the way was the job done right?

[Dave A]

Section 15 of the Consumer Protection Act may apply.

Pre-authorisation of repair or maintenance services
15. (1) This section applies only to a transaction or consumer agreement—

(a) with a price value above the threshold prescribed in terms of subsection (5);
and
(b) if, in terms of that transaction or agreement, a service provider supplies a
repair or maintenance service to, or supplies or installs any replacement parts
or components in, any property belonging to or in the control of the consumer,
and—

(i) the service provider has, or takes, possession of that property for the
purpose contemplated in this paragraph; or
(ii) in any other case, the consumer requests an estimate before any services
or goods are supplied.

(2) A service provider to whom this section applies, must not charge a consumer for
the supply of any goods or services contemplated in subsection (1), unless—

(a) the supplier or service provider has given the consumer an estimate that
satisfies the prescribed requirements, and the consumer has subsequently
authorised the work; or
(b) the consumer, in writing, or by another recorded manner or form, has—

(i) declined the offer of an estimate, and authorised the work; or
(ii) pre-authorised any charges up to a specified maximum, and the amount
charged does not exceed that maximum.

(3) A service provider to whom this section applies must not charge a consumer for
preparing an estimate required in terms of subsection (2)(a), including—

(a) any cost of performing any diagnostic work, disassembly or re-assembly
required in order to prepare an estimate; or
(b) any damage to or loss of material or parts in the course of preparing an
estimate,

unless, before preparing the estimate the service provider has disclosed the price for
preparing that estimate, and the consumer has approved it.

(4) If a supplier has provided an estimate for any service, or goods and services, the
supplier may not charge the consumer a price for that service, or those goods and
services, that exceeds the estimate, unless after providing the estimate—

(a) the service provider has informed the consumer of the additional estimated
charges; and
(b) the consumer has authorised the work to continue.

(5) The Minister may, by notice in the Gazette, prescribe a monetary threshold for the
purpose of subsection (1)(a).

Unfortunately I could not find the determined threshold value referred to in subsection 5, but I seem to recall at one stage it was a mere R500.00.