Advice to consumers - Buying and using a service

Introduction

Information and advice about buying services.

Advice and support for consumers in Solihull is now provided by Consumer Direct.
Consumer Direct is a telephone and online consumer advice service, which is supported by local authorities in The West Midlands and by Government.

Consumer Direct works in partnership with Local Authority Trading Standards Advice Services offering first level advice and information on a wide range of consumer issues. More complex problems, or complaints requiring further investigation or assistance are referred to Trading Standards or other advice services

To speak to a Consumer Direct adviser, please call 08454 04 05 06. Opening hours are 8.00 a.m. and 6.30p.m. Monday - Friday or 9.00a.m. to 1p.m. on Saturdays. (Minicom users should call on 08451 28 13 84). To e-mail Consumer Direct, please Contact us via the Consumer Direct website.

A wide range of consumer information and advice is also available online from the Consumer Direct website at http://www.consumerdirect.gov.uk/

When you pay for a service, you have rights under The Supply of Goods and Services Act 1982

What the law says

If you ask a trader to carry out a service for you - repair a TV, fit a carpet, dry clean your clothes, fit double glazing - the laws says that it must be done:

With reasonable care and skill

This means that the work must be carried out properly and to a satisfactory standard. For example, if you have new windows fitted they should not start leaking because they were fitted incorrectly.

Within a reasonable time

This means that the work must not take an excessive amount of time. If you agreed a set time with the trader, the job should not take longer than this.

For a reasonable charge

This means that the trader must not charge an excessive amount for the work done. If you have agreed a fixed price beforehand, the trader can't charge more than this price and you can't complain later if you could have paid less elsewhere. It is your responsibility to shop around for the best price for the job.

You may have been given either an estimate or a quotation:

An estimate can go up or even down but should not change greatly from the original price given.

A quotation is a fixed price for an agreed job and cannot change at all.

The law also says that if Goods are supplied:

• as part of a service - for example, new tiles fitted to a roof, an exhaust fitted to a car; or
• on hire - for an example, a free for a wedding, or a car for a weekend break;

Important

• If the trader is negligent and damages your goods or property, you can claim compensation.
• If the trader you dealt with sub-contracted the work to somebody else, your rights are still against the first trader.
• No notices or small print can take away your rights.

What are your rights

If you have a service carried out it must be done:

• with reasonable care and skill
• within reasonable time
• for a reasonable price

When the work carried out doesn't meet any of these three rules:

• If the fault is due to poor quality work or fitting, is minor and can easily be put right, it is reasonable to expect a repair.
• If the trader cannot repair the fault properly, you are entitled to compensation. This could be the cost of getting somebody else to do the repair.
• If the work takes longer than agreed, or more than a reasonable time, you are entitled to compensation. This could be the cost of getting somebody else to complete the job, or a sum of money for the inconvenience caused.
• If the work or service hasn't been done at all or has been done extremely badly, or totally fails to meet the way it was described, you are probably entitled to a refund.
• If the trader caused unnecessary damage to your property when carrying out a service, you are entitled to compensation.

Any good or parts fitted when the service is carried out must be:

• of satisfactory quality
• fit for the purpose
• as described

When the goods or parts don't meet any of these rules:

• If they have been fitted a couple of weeks or you haven't had a reasonable opportunity to check them, you are probably entitled to a refund of their cost and the fitting for a major fault, a number of minor faults or a serious misdescription. Alternatively you may request a replacement.
• If the fault is only a minor and can easily be put right it is reasonable to accept a repair. This won't stop you claiming a replacement or refund if the repair turns out to be unsatisfactory.
• If the goods or parts have been fitted for longer than a couple of weeks or you have had reasonable opportunity to check them, you are probably still entitled to a repair or replacement. A repair should be carried out within a reasonable period of time and without causing you significant inconvenience. If this does not happen you are entitled to a replacement or compensation. This could be the cost of getting somebody else to complete the job.
• If the goods or parts are beyond repair and cannot be replaced you are entitled to a refund of the cost and the fitting. The trader may make a reduction from the price you paid to allow for wear and tear.

If you are out of pocket in any other way, you may be entitled to compensation over and above the price of the goods or parts and their fitting.

Remember, if you are entitled to a refund, replacement, a repair or compensation it is the trader who supplied and fitted the goods or parts who must sort out your problem.

Additional work

If the trader has carried out extra work without your permission, you don't have to accept it.

So, you can either:

• Accept the extra work was necessary and the extra cost reasonable; or
• Ask the trader to remove or undo the extra work where it is possible; or
• Negotiate a more reasonable price or an acceptable solution

Important

• If you bought on credit you may be able to claim against the finance company.
• If you sign a credit agreement in your own home to pay for a service, you have a short period of time to cancel the contract.
• You have seven days to cancel any contract, not involving credit, you sign at home during an uninvited visit by a salesperson.
• You have seven days to cancel a contract for services ordered by telephone, mail order, internet and fax except for those services you agree will begin within those seven days.
• Your rights cannot be taken away by anything written into a notice, receipt, contract, warranty or guarantee.
• Fair wear and tear is not a fault.
• You still have these rights where reconditioned or secondhand parts are fitted, but these parts can't be expected to last as long as new ones.
• Only pay in full when the job has been completed to your reasonable satisfaction.

Contact Details

Consumer Advice and Information in Solihull, is now provided by our partners at Consumer Direct West Midlands. Consumer Direct is a telephone and online consumer advice service, which is supported by local authorities (Trading Standards) and Central Government. If you do need support or assistance from Trading Standards, you will of course be referred to them by Consumer Direct.