By sfb solicitors, Sep 25 2019 12:55PM
If you’ve had work done at home and there’s a problem caused by the trader you are protected under either the Consumer Rights Act or the Supply of Goods and Services Act 1982, depending on when the work was undertaken.
Under the Consumer Rights Act, which came into force on 01/10/2015, consumers entering into a contract for goods and services should expect work to be undertaken with “reasonable care and skill”, and materials should also be of satisfactory quality, as described and fit for purpose.
If the trader provided goods in addition to the service, you are legal entitled to ask the trader to fix the problem. If the trader just provided the service, you are legally entitled to get a refund and stop the trader from carrying out any further work.
What to do next:
1. Obtain estimates from other traders.
2. Request that original trader fixes the work and provide them with the estimates obtained. You will need to agree a final date for the work to be completed. You should make it clear that if they do not complete the work you will appoint an alternative trader and seek the additional costs incurred from them. You must give the trader the opportunity the opportunity to rectify their work within a reasonable time frame, if you do not and proceed to instruct an alternative trader to complete the works this could affect any claim you make.
3. Collect evidence in support of the claim for poor workmanship i.e. photographs. Should you proceed with a formal claim an expert’s report may be required to provide an independent assessment. Keep copies of all documents and correspond by email where possible in order to obtain an accurate record of communications
4. If the trader cannot or will not fix the problem you can ask for a full or partial refund, once an agreement has been reached the refund must be paid within 14 days.
If you withhold any monies owed this could make you in breach of contract, enabling the trader to take legal action against you.
If you are unable to reach an agreement other options available are Alternative Dispute Resolution or proceedings with a formal claim
Summerfield Browne have offices in Leicester, Birmingham, London, Oxford, Cambridge and Market Harborough and assist with cases all over the UK.