VIC Australian Consumer Law - Can I Refuse to Pay the Call Out Fee?

[Mel_pp]

Hi, am I within my rights as a consumer to refuse payment of a call out fee because the plumber did not proceed to do any work? The plumbing company sent their plumber to look at whether the hot water valve they installed less than a year ago was the one causing problems with my hot water system, and since it was not, I then asked the plumber not to do any work, but he demanded me to pay a call out fee.

Am I required to pay the call out fee under Auatralian Consumer Law? I did no book their services, I just called the plumbing company that I'm not getting any hot water and am suspecting that the valve they installed was the cause. They offered to send a plumber but did not fully disclose to me that I will pay a call out fee even if I will not proceed with any work.

Your legal help would be great appreciated.

 

[Rod]

You called them, they said there was a call out fee, it is not their fault the valve they put in is still working and that there is a different issue.

A call-out fee is not contingent on work being done. Sounds like the guy turned up, checked things out, gave you advice. You should pay.

 

[Mel_pp]

You called them, they said there was a call out fee, it is not their fault the valve they put in is still working and that there is a different issue.

A call-out fee is not contingent on work being done. Sounds like the guy turned up, checked things out, gave you advice. You should pay.

Thanks, but I did not call to book for their services. I only called to report an issue that might be caused by the valve they installed. It was their call to send their plumber to my property to check.

 

[Rod]

You are trying to get off on a technicality. You called them to report a fault that you wanted fixed. They did the right thing and responded to your call.

You accepted them coming out. Is it fair to have a tradie come out, diagnose your issue (at least to say it is not their work that is faulty) and not expect to pay?

ACL may apply however much will depend on what was said on the phone call. Suspect they will say something different to you. Becomes a he said/she said issue.

Court will look at the facts:

You had a plumbing issue
You called a plumber that had previously done work for you
You know these guys are not a charity
They said they will come out and you agreed
They came out
They identified it was not their work that was faulty.​

Doesn't look good for you. If they win at court, they could then go after you for their court costs. Recommend you pay.

 

[Mel_pp]

That's well taken, thanks for the help.