Do I need to pay this

[Everlygreen]

Hi, I'm not sure what to do in this situation. I went for physio (private) which was covered by my insurance. At the consult I brought up another issue I was having and the physio said a brace could assist.

It is a customised item and very expensive to make so they took my measurements for it and verbally gave me a price and said 2 things:

The quicker I pay, the quicker they will start making it as it needs to be sent somewhere else.

They will send me the details.

I received 'details' which was a text message with the bank details of the physio practice. So not an invoice or any details of the brace.

On research, I found this to be incredibly overpriced.
And I was concerned that should I have issues, I didn't receive any details for queries. So I replied and said I haven't paid as I'm still checking if my insurance will cover it. Turns out that they won't cover it.

I have now been getting so many messages insisting payment as the customised brace was made. I just want to know if they can legally pursue me for this as I have not paid for something incredibly expensive and no invoice received.

They can't force you to pay for it. You did not confirm an order or say that in the event of your insurance not covering the item, you would pay it yourself.

They told you they wouldn't make the thing until they received payment. You told them you were not going to pay for it until you found out whether your insurance would reimburse you, and you have subsequently informed them that your insurance doesn't cover it.

@MarmaladeSideDown after I found out it wouldn't be covered, I didn't reply to him saying that. I assumed that it meant not to go ahead and make it.
He didn't hear from me again so not sure why he went ahead.

Also this conversation took place on WhatsApp, which seemed quite unprofessional itself. Also I have zero information/recourse should the brace not fit or there's an issue

Doesn’t sound as if you made a contract to buy it. You just asked for details and a price and didn’t choose to go any further.
I can’t see any way they can claim you owe money.

A contract needs certain things in order to be a contract.

The key ones here are offer and acceptance. They offered you the item for a certain price. You never accepted it (through saying yes go ahead and/or paying), so no contract exists.

@Sparklfairy
What I'm concerned about is that they took measurements and I allowed that ? Does that mean I agreed

They can't claim tacit acceptance just from you letting them take measurements. One of the other things that form a valid contract is 'intent to create legal relations', so them just taking measurements isn't enough. Both parties have to know they're entering into a binding agreement, and allowing them to measure you isn't committing to buy.

Don't forget they also said they wouldn't start making it until you paid. So you (rightfully) assumed there wouldn't be a contract until you paid. It would be a terrible business model to get made-to-measure products made before receiving any payment. They'd lose a fortune, which is why they said they would only start making it once payment was received.

Screenshot the whole WhatsApp conversation too just in case messages are deleted. I message myself on Whatsapp to keep a record (so I don't delete in photos by mistake )

No. You could invite someone into your home to measure up for new windows and give you a price. It does not commit you to a contract. They would certainly not go ahead and make the things until you'd received a quote or an invoice, agreed to it, signed a contract and at least paid a deposit.