10. Ways to sort out your problem

If you have a problem with a service, and the service provider refuses to put the matter right or even answer your letters, there are several ways of trying to get matters sorted. Work through the options given below. You should at least think about each one, even if you don't follow it up, before moving on to the next one.

For more about using these, and other ways, of dealing with problems, without going to court, see the Community Legal Services leaflet, 'Alternatives to court'.

1. Conciliation and mediation
If the service provider belongs to a trade association, ask whether the association can help consumers who have a problem, or whether they have a conciliation service. Conciliation is an informal system where the association tries to find a solution which both you and the service provider can agree on. It may not be legally binding so the service provider wouldn’t necessarily be breaking the law if they don’t do what they said they would.

Mediation is similar, and involves an independent mediator who helps you and the person you are having a problem work out a solution between you. See the Community Legal Service leaflet 'Alternatives to court' for more about this.

2. Arbitration
Arbitration is another way of finding a solution that both you and the service provider agree with. Any disagreement can be dealt with through arbitration if both of you agree to it. With arbitration, you and the service provider each put your side of the story to an independent person (the arbitrator) who then makes the decision. The arbitrator generally only looks at written evidence, so there is no hearing to go to.

Some trade associations have arbitration schemes, which are run by an independent arbitrator. Otherwise, you can find an arbitrator yourself, through the Chartered Institute of Arbitrators (see 'Further help'). If you choose arbitration, the arbitrator's decision is binding, so you must both do what they have ruled. You cannot then go to court if you are not happy with the result.

3. Ombudsmen
Some professional services are covered by an ombudsmen scheme (for example, the Legal Services Ombudsman and the Financial Services Ombudsman). Such a scheme:

• won't cost you anything; and
• aims to be quicker and less complicated than legal action.

The ombudsman will usually say that you must have first tried all other dispute systems, except for legal action (a company's own complaints procedure, for example) before they will look at your case. Some ombudsmen can award you compensation if they agree with your complaint, but others can only recommend that the company you are complaining about pays you compensation.

There are time limits for taking your case to an ombudsman, usually six or 12 months after you've gone through a company's own complaints system.

4. Legal action
If you haven't gone to arbitration and other options have failed, you could take your case to court. If your claim is for less than £5000 (or £1000 if it involves a personal injury) it can usually be dealt with as a 'small claim'. This is a quicker, simpler and cheaper way of using the courts than a full court hearing.

Dealing with a 'small claim'
Making small claim is fairly cheap because you don't need to use a solicitor to help you prepare your case or to put your case for you. However, you may still want some guidance from a legal adviser.

Small claims courts are quite informal and are organised so you can put your own case. You can get forms and more details from your local county court, Citizens Advice Bureau or legal advice centre, or at www.courtservice.gov.uk.

Advice centres will also be able to help you prepare your case. You will have to pay a court fee and fill in an 'allocation' questionnaire.

A judge will then decide whether your case can be dealt with as a 'small claim'. The court will also encourage you to look at using 'alternative dispute resolution' (including conciliation and mediation) if you haven't already done so.

If you lose your case, you will normally only have to pay:

• the travel expenses for the defendant (the person you have taken to court) and their witnesses to get to court, within reason; and  
• other costs for witnesses and experts to prepare evidence (which have fixed maximum amounts).

If you win your case, you will usually get your court fee back plus any travel and witness fees. But the court may decide not to award you these costs if it thinks you did not make enough effort to sort out the disagreement in other ways.

Even if you win, you may still have to take further legal action to get the other side to pay up. The court will not do this for you. You can get a booklet from your county court which explains the different ways of doing this, from your county court or the Court Service website www.courtservice.gov.uk

Dealing with larger claims
Claims above the small claims limit are usually dealt with in what's called the 'fast track' (up to £15,000, or up to £50,000 if the case is for personal injury) or the 'multi track' for amounts higher than this. If your case is like this, you will need a solicitor to prepare your case. And if you lose, there aren't the same limits on the costs you will have to pay. This means you may have to pay the other side several thousands of pounds.