legal mavens/consumer rights champions, this way please

[policywonk]

Got locked out this morning (it was HIS FAULT, OK?)

Called locksmith, and the operator explained the labour charges (£65 plus VAT). The ad in the Yellow Pages stated 'No callout charge', and the operator did not mention anything other than the labour charge. She said they would be with me within the hour.

20 minutes later, DP managed to break in. I called the locksmith back, and the operator (a different woman from the first one) tried to charge me a cancellation fee of £35 plus VAT. I refused to give my card details over the phone and asked her to send me a paper invoice while I looked into the legal position.

So... do I have to pay it?

la la la

I would say not. They didn't indicate any call out charge, the ad says no call out charge, and they advised you of labour charges only. He didn't do any work, therefore nothing to pay.

Also, they didn't advise of any cancellation charge either, so personally I think they are stuffed.

Thank you Freckle. That's what i think, but I have no expertise at all...

You entered into an oral contract, not a written one.
On the basis that nothing was said about cancellation charges, then I think I would challenge them.
Depends how feisty you are feeling.

On the other hand, they have your name and address????

I would say no, unless they had told you that there was a cancellation charge on the phone.

Slightly less sure if the locksmith had already started the journey. I know it said no call out charge but they factor that into the labour charge and therefore they have lost as a result of you terminating the contract. Hmmm.

Thanks. They said that he had started out on his journey (although they would say that I suppose).

I was thinking that I could make them an offer of about £15 - it's just that £35 plus VAT seems extortionate.