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Aggreed Price

  • 28-06-2011 1:14pm
    #1
    Registered Users Posts: 1,391 ✭✭✭


    Ok hope I can get some help here :mad:

    Got a job done in the house 4 weeks ago. Aggreed a price of 420 euro, job was done grand....Got job receipt with 'price aggreed over the phone'

    Now when I was talking to the girl regarding the price I did ask would there be any extras added on and she assured me NO....

    Invoice to be posted.

    Fast forward 4 weeks and recieved a call from the manager from the company to say that the job was not as it seemed and the price is over double. He also stated that a member of staff called me to tell me about this which is a bare faced lie I have not hear sight nor soound from them since the job was done until this morning.

    :confused:


Comments

  • Registered Users, Registered Users 2 Posts: 4,487 ✭✭✭Mountjoy Mugger


    Ask him to produce a phone record indicating a call was made to you.


  • Registered Users, Registered Users 2 Posts: 33,518 ✭✭✭✭dudara


    You have the receipt, which I hope has the original price on it. I don't think that he has much to stand on.


  • Registered Users Posts: 1,391 ✭✭✭Justask


    dudara wrote: »
    You have the receipt, which I hope has the original price on it. I don't think that he has much to stand on.

    No it doesnt have the price on it ...It says 'price aggreed on phone'

    I think if there was a issue with the price he would have contacted me well before now...

    I rang and asked for a record of the phone call that was made to me.. He stated 'I dont need to give you that' :mad:

    When I said that 'if the call was made were is the problem with giving me the record' and then I was told to 'RELAX' :mad:


  • Registered Users, Registered Users 2 Posts: 5,517 ✭✭✭axer


    Pay the amount owed as per the original agreement and no more. Then let them sue you for the rest if they want to go down that route.


  • Registered Users, Registered Users 2 Posts: 12,089 ✭✭✭✭P. Breathnach


    I'd be inclined to go axer's route.

    You could ramp it up a bit by saying (preferably in writing) that the payment is in full and final settlement of the contractor's claim. If he cashes it, he is implicitly accepting your position, and that would make it more difficult for him to sue you.


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  • Registered Users Posts: 1,391 ✭✭✭Justask


    I'd be inclined to go axer's route.

    You could ramp it up a bit by saying (preferably in writing) that the payment is in full and final settlement of the contractor's claim. If he cashes it, he is implicitly accepting your position, and that would make it more difficult for him to sue you.

    Thanks :) Oh god I hate things like this :eek:


  • Registered Users, Registered Users 2 Posts: 12,089 ✭✭✭✭P. Breathnach


    Justask wrote: »
    Thanks :) Oh god I hate things like this :eek:

    I think most of us do. One of the benefits of a group like this is that people can get a bit of support.

    [Feel the love!]


  • Closed Accounts Posts: 17 oggy8


    Was this a cash in hand job?

    Have a look at the document that they gave you. Does it have a breakdown of costs, and is there any VAT number on the invoice?

    If no, tell them that you need a break down of costs, the written contract showing where you agreed to the revised price, the telephone records verifying that they did make a call to your number on a specific date and that they talked to you.

    And the complete duce is to insist on their VAT number!


  • Registered Users Posts: 1,391 ✭✭✭Justask


    oggy8 wrote: »
    Was this a cash in hand job?

    Have a look at the document that they gave you. Does it have a breakdown of costs, and is there any VAT number on the invoice?

    If no, tell them that you need a break down of costs, the written contract showing where you agreed to the revised price, the telephone records verifying that they did make a call to your number on a specific date and that they talked to you.

    And the complete duce is to insist on their VAT number!

    No they were to send an invoice in the post, didnt recieve it.

    the receipt I got was just from the lads who did the work..

    I asked for the phone record he said he didnt need to give that to me.

    I think i'll wait for the invoice to arrive and see what it says :eek:


  • Registered Users, Registered Users 2 Posts: 8,824 ✭✭✭ShooterSF


    Justask wrote: »

    I asked for the phone record he said he didnt need to give that to me.

    I hope your response was that either you could have it or the courts because he won't be getting a penny extra until it's produced ;)


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  • Registered Users, Registered Users 2 Posts: 462 ✭✭elgriff


    I'd be inclined to go axer's route.

    You could ramp it up a bit by saying (preferably in writing) that the payment is in full and final settlement of the contractor's claim. If he cashes it, he is implicitly accepting your position, and that would make it more difficult for him to sue you.


    No legal standing to this advice. Part Payment of a Debt is not normally good consideration for the discharge of the existing duty.


  • Registered Users, Registered Users 2 Posts: 12,089 ✭✭✭✭P. Breathnach


    elgriff wrote: »
    No legal standing to this advice. Part Payment of a Debt is not normally good consideration for the discharge of the existing duty.

    http://www.mhc.ie/publications/item/177/full-and-final-settlement/


  • Closed Accounts Posts: 18,268 ✭✭✭✭uck51js9zml2yt


    A verbal contract is as good as the paper its written on.

    I dont know if you have any comeback to the increase.

    Perhaps get in touch with the National Consumers Council to check out where you stand.

    It seems its his word against yours. If its recorded then he should have no problem making it available to you.


  • Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    A verbal contract is as good as the paper its written on.
    Glib remarks from 1990s anti-piracy ads notwithstanding, a verbal agreement is indeed quite a strong defence.

    It doesn't have to be written down so long as both parties acknowledge that the conversation took place. It's when one party denies ever having entered into the verbal agreement that you have an issue.

    Since the manager acknowledged that the price ended up being "double", then he implictly accepted that the original price was quoted and agreed, regardless of whether it was written down.


  • Registered Users Posts: 1,391 ✭✭✭Justask


    seamus wrote: »
    Glib remarks from 1990s anti-piracy ads notwithstanding, a verbal agreement is indeed quite a strong defence.

    It doesn't have to be written down so long as both parties acknowledge that the conversation took place. It's when one party denies ever having entered into the verbal agreement that you have an issue.

    They aggree that we aggreed the price over the phone... but rang me to up it by over double 4 weeks later. Saying that the job was no as it seemed.

    In the mean time i've found out this company is known for doing this :mad:


  • Registered Users, Registered Users 2 Posts: 40,470 ✭✭✭✭Boggles


    What did you get done in the house?

    Depending on the work sometimes it is impossible to give a full amount for works up front.

    Obviously you should be informed if it is going to cost more.

    If you know for a 100% fact, that you are completely in the right and there is no doubt in your mind about the agreed fee.

    Then pay the agreed fee. Tell him you want a full receipt from him stating fully paid or you will be contacting revenue. See if he is registered with any construction body and complain directly to them.

    In future get everything in writing. Signed and dated by all parties.


  • Closed Accounts Posts: 2,107 ✭✭✭booboo88


    Justask wrote: »
    No it doesnt have the price on it ...It says 'price aggreed on phone'

    I think if there was a issue with the price he would have contacted me well before now...

    I rang and asked for a record of the phone call that was made to me.. He stated 'I dont need to give you that' :mad:

    When I said that 'if the call was made were is the problem with giving me the record' and then I was told to 'RELAX' :mad:
    yes he bloody well does, best thing to do is contact nation consumer agency. they'd be able to best advise you, it seems a bit ridiculous they tell you one price, then a few weeks later call you up and say no its way more.

    you can be sure if they over charged you they wouldnt ring you up down the line:rolleyes:


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