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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Can he charge for this?

43 replies

savagebaggagemaster · 21/07/2018 09:34

I'd really like to consult the hive mind of the great and good on here. I'll try to make it quick!
A gardener came to look at our jungle. He visited 3 times (his choice - in fact, after contacting him initially, we had to chase him up 3 weeks later to see if he actually wanted to look at the garden!) He did an initial, 'what are you thinking of having done?' visit, a second one to measure up and a third to present his ideas and his eye watering quote. He chose to come over - he could have simply emailed.
Ideas were presented to us drawn with felt tip on a notepad. Quote was outrageously expensive for what we wanted, so emailed afterwards to decline, not having agreed to anything at any point. It may be important to note that at no point whatsoever did he say upfront that he would charge for visiting, suggesting ideas, etc.
He has just sent us a bill for £200 for his time and design idea. (Based on our ideas I hasten to add!) he included travelling time (he lives 5 minutes away!)
Am I right in thinking that he he is being a CF and does not have a legal leg to stand on? We haven't answered his email and are wondering if it's best to ignore?

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nowshesaturtle · 21/07/2018 10:47

I can see why he wants to charge too.

I regularly have to pitch for work and it does take a lot of time. However, that's just the cost of doing business. You have to speculate to accumulate. Unless you've said upfront and in writing that you charge for this time (and I don't think you'd get many opportunities if you did) ) then it's a loss leader, I'm afraid. Don't pay.

kikashi · 21/07/2018 11:01

If he wanted to invoice you he should have made that clear up front - the call out fee is x, follow up x and design ideas x amount but he didn't - no contract verbal or otherwise - he's having a laugh! Tell him there was no verbal or other contract - he never told you his charges and that you will contact trading standards if he persists.

Dagnabit · 21/07/2018 11:04

We've just had three quotes for a new kitchen - very detailed designs, product books, lots of work put into them - we will only be going with one, obviously and would be very pissed off if the others tried to charge a fee! The difference in this case is that each company make it clear that they give free, no obligation quotes. He should have been very clear what he charges and what the charges are for!

DontTouchTheMoustache · 21/07/2018 11:40

Did you find him through his website ? If so are there any clearly stated call out costs stated? Just thinking if there are he may have a case

RebootYourEngine · 21/07/2018 11:48

Damn right he is a cheeky fucker.

I would send him a letter telling him that no fees were discussed beforehand so he is not getting a penny from you.

CrackerCrisp · 21/07/2018 11:48

I’ve never been charged for a quote and that includes our garden.

Souledout · 21/07/2018 11:53

He has charged just under £25 an hour, how much was the travelling costs?

greendale17 · 21/07/2018 11:59

He didn’t tell you his fee, you didn’t agree a fee, so you don’t need to pay.

^This

savagebaggagemaster · 21/07/2018 12:00

To answer some queries:
He was recommended as a friend of a friend, so not through his website. He drew a rough sketch in felt tip pen - not what I'd call a detailed plan and I've seen many building / architectural drawings - this wasn't one of them. He lives 5 mins away in the next village. I agree with the speculate to accumulate comment. Plus perhaps providing a reasonable quote in the first place and not nearly £20,000 might have tempted us to use him! To be honest, I'm glad that we didn't, now that I can see what he's up to!

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NoSuchThingAsAlpha · 21/07/2018 12:06

Cheeky bugger! If he did not mention the fee for the quote, then the assumption is that it would be free and it's up to him to prove otherwise. Unless he has proof that there would be a charge, he hasn't a leg to stand on legally.

In my experience, contractors will not engage in any chargeable work until you have formally agreed to it.

Jaxhog · 21/07/2018 12:14

Unless you agreed to pay him, he can't charge you. There's no contract otherwise.

InfiniteVariety · 21/07/2018 12:22

Some time ago we had a landscape gardener come to see our garden and draw up a detailed plan with proper measurements, etc. It was made clear to us there would be a charge for that, whether or not we then employed him to implement the plan. If this wasn't the case with you, then you are not liable for any costs - he must state his terms in advance and you must agree to them.

BewareOfDragons · 21/07/2018 12:33

He's a CF. I would make it very clear you won't be paying it and I would also let your friend know that his recommended gardener was taking the piss.

jellybeanteaparty · 21/07/2018 12:44

Did he leave the felt tip drawing with you or just show it to you?

savagebaggagemaster · 21/07/2018 13:07

We took a photo of it - but I can't upload it as it's already quite identifying!

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jellybeanteaparty · 21/07/2018 14:02

My thought process that if you are charged for plans you should have been given the paper drawing or by email not having to take a pic on your phone. The approach seems very unprofessional so I wouldn't offer any money as he had not mentioned any fees upfront.

Cheerio99 · 21/07/2018 14:10

I mean, ideally you would have clarified any payment beforehand.

However, I would not be paying a dime here.

savagebaggagemaster · 21/07/2018 21:38

Thank you everyone for contributing to the discussion! We've decided to email him back to state that as we have no contract, we won't be paying (based on your suggestions.) To think I felt really awful at the time about having to decline his proposals, but we really couldn't afford what he was going to charge for the work! We've not had any luck with our garden. We are going to have to do it ourselves and we're not green fingered at all. Even my houseplants die off on a regular basis!

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