Consumer Rights Dispute Over Emergency Plumber's £270 Charge
A reader named Gail contacted the Money team after being charged £270 by Emergency Hero for an emergency plumber service she cancelled within minutes of booking. Gail explained that she had a plumbing emergency and booked the service over the phone, but cancelled shortly after when a neighbour offered help. Despite no service being provided, the company charged her the full fee, claiming the booking was non-refundable.
Legal and Consumer Rights Analysis
Under the Consumer Rights Act 2015 and the Consumer Contracts Regulations 2013, key terms such as non-refundable fees must be clearly communicated to consumers at the time of booking. Jess Sharp, a Money live reporter, investigated Gail's case and found that Emergency Hero's terms state the fee is non-refundable if a contractor has been instructed, with only 50% refundable if no contractor was assigned. The company's CEO, Aaron Mcwilliam, confirmed a plumber had been instructed and started travelling, receiving £180 of the fee, while Emergency Hero kept £90. However, Mcwilliam offered a goodwill refund of the £90 call-out fee, acknowledging Gail's quick cancellation.
Expert Opinion on 'Distressed Purchase'
Consumer rights expert Scott Dixon, known as The Complaints Resolver, argued that Gail's situation could be considered a distressed purchase, as she was acting under emergency duress. He emphasized that companies should verbally explain key terms during booking, not just rely on email communications. Under the Digital Markets, Competition and Consumers Act 2024, consumers are entitled to refunds if misled or if important information is obscured. Dixon stated, "Consumers cannot reasonably be expected to trawl through T&Cs when they urgently need an emergency plumber." He advised disputing the charge formally, requesting evidence of costs incurred, and considering chargebacks or legal action if necessary.
Steps to Take in Similar Situations
If you face a similar issue, consider the following actions:
- Formally dispute the charge in writing, asking the company to provide evidence of costs and when the contractor was instructed.
- Submit a Data Subject Access Request to obtain call records and communications as part of your paper trail.
- If the company refuses a refund, initiate a chargeback with your bank or credit card provider, citing lack of service and undisclosed terms.
- Escalate to the Financial Ombudsman Service if the chargeback is denied, and prepare for small claims court if needed.
Additionally, explore alternative dispute resolution (ADR) schemes, such as mediation or arbitration, if the company participates. Check the company's website or terms for ADR information, and if available, submit your complaint within 90 days. Citizens Advice recommends looking for phrases like "what to do if you're still unhappy" to identify ADR options.
This case highlights the importance of transparency in consumer agreements, especially during emergencies, and underscores the legal protections available to ensure fair treatment.
