09. Dealing with problems with services

If you have a problem with a service, you should first contact the service provider or company involved. They may offer to sort out your problem without an argument. It is best to put your complaint in writing and be clear about what you want done. This might be:

• sorting out work which wasn't done, or wasn't done properly; or  
• compensation or a part refund for inconvenience, poor-quality work or a job which was finished late.

If they don't offer to sort your problem out, don't be fobbed off. Sometimes, just making someone know that you know your legal rights is enough to make them sort the problem out.

Your legal rights with services
If someone supplies a service (which may include both materials and labour), you have rights under the Supply of Goods and Services Act 1982 (as amended by the Sale and Supply of Goods Act 1994).

This says the service provider must:

• carry out the service with reasonable skill and care;  
• complete it within a reasonable time (unless you have both agreed a specific time);  
• make a reasonable charge for the service (unless you have agreed a charge in advance); and  
• use materials which are of satisfactory quality and fit for the purpose.

If you buy something and the retailer arranges installation, you have rights against the retailer

What the law says a service provider must do
The main points in the Supply of Goods and Services Act cover most problems with quality of work, from things you leave with a shop to be repaired to home improvements. A repairer must put things right if they:

• use faulty parts for a repair;  
• fit parts wrongly; or  
• damage your property while doing a job.

Getting work finished, and disagreements over cost are two common problems with services like home improvements. If you negotiate a definite completion time or charge for a service, this forms part of your contract with the supplier. A contract is still legal even if nothing is written down, but it may be difficult to prove what you agreed.

Some service providers ask you to sign a 'satisfaction note' when they finish the work (or when they have delivered something). In this case, you should write 'unexamined' next to your signature unless you have been able to thoroughly check the work or the things you've ordered. If you don't do this, it may be more difficult to claim for problems later on.

What is the difference between an estimate and a quotation?
'Estimate' and 'quotation' don't have legal definitions, but an estimate is usually seen as a guide to the cost of a job, while a quotation is seen as a firm price.

If you're given only a rough estimate or no price at all before a job is done, the service provider can still charge only a reasonable price for the work done. Even if a job is urgent (a burst water pipe, for example) it does not mean that you can be charged a much higher price.

Trade associations that represent different trades may be able to give you an idea of a fair price for a type of job. Otherwise, you can get quotes from several different traders to see what a fair price would be.

If you can, you should ask for an 'exact and firm quotation' in writing before agreeing to a big job.

How can a code of practice help me?
Many trade associations have a ‘code of practice’ for their members but not all codes are properly enforced or cover things useful to consumers. From 2003, the Office of Fair Trading (OFT) has a scheme to approve codes which say that suppliers must offer (among other things):

• clear contract terms  
• protection of your deposit, if you pay one  
• proper complaints handling procedures  
• a low-cost independent scheme to settle disputes without going to court.

disputes without going to court. An ‘OFT-approved’ code will not give you extra legal rights, but may make it easier to sort out a problem with the supplier.

What rights do I have when hiring something?
Like other goods and services, a hire company (including a rental or leasing company) must supply goods that:

• fit any description given;  
• are of satisfactory quality; and  
• are fit for the purpose.

It is illegal under the Consumer Protection Act 1987 for a hirer to supply goods which are not safe or goods which don't have the right instructions and safety warnings.

What if someone breaks an appointment to come to my home?
If a service provider misses an appointment to come on a certain day, they have broken your agreement with them. You might be able to claim compensation if you had to take a day off work, for example. However, this will depend on whether you told the trader this when you made the appointment.

Gas, electricity, phone and water companies have their own customer service standards which mean you should get a fixed amount of compensation if they don't turn up for an appointment. How much this compensation is may be on your bill (if it isn't, phone the company to find out). But even if a fixed amount of compensation is quoted, you can still claim extra if you think you need to.

Remember that the law works for businesses as well as consumers. If you make a booking or appointment with someone (a restaurant or hairdresser, for example) and you don't turn up, the trader can claim compensation for loss of business if they cannot fill your appointment.

What if I sign a contract which has hidden or unfair conditions?
The Unfair Terms in Consumer Contracts Regulations 1999 protect you against anything in a contract which is:

• unfair;  
• unreasonable;  
• unclear; or  
• ambiguous (has more than one meaning).

What is unfair depends on the circumstances. A common problem with contracts is with 'exclusion clauses' (such as a sign in a dry-cleaners or a photo-processing shop which says the business is not responsible if your clothes or your photos are lost or damaged). These have no legal standing if they're unreasonable.

If you think you have a contract which has an unfair term in it, you can complain to the Office of Fair Trading (see 'Further help' for details of how to contact them). If they agree with you, they may ask the service provider to change the term, though they cannot force them to compensate you. You will have to take action yourself to get this.