In this month's advice colum we cover how to use the Consumer Rights Act 2015 to ask for the problem to be fixed, or get a refund, as well as what to do in the event that you can't resolve the issue directly with the trader. Here's an example of a recent question.
I hired a company to install concrete fencing and a gate in my back garden. The quality of the work is poor, some wooden panels are loose and the gate doesn’t shut properly. I paid before I inspected the work. What can I do?
When you put your trust in a trader and they don’t meet your expectations it can be really frustrating.
When there’s a problem caused by a trader, you should be able to get it fixed or get some money back. Evidence is important - take photos and make notes about what happened and when, including times and dates, and keep hold of receipts or other proof of payment.
People can experience different types of problems with traders, and there’s specific advice available on our website depending on what the issue is. In your situation, it’s important to note if a trader hasn’t done a good job with ‘reasonable care and skill’, the Consumer Rights Act 2015 entitles you to ask for the problem to be fixed or for a refund.
This is something you can mention when you take the problem up with the trader and cite your evidence. They should fix the problem within a reasonable amount of time, without causing you too much inconvenience. The law doesn’t say what counts as reasonable, so you’ll have to agree on it with them.
If they can’t or won’t fix the problem, you can ask for a partial or full refund, depending on how bad the problem is. You’ll have to come to an agreement about how much you should get. It’s a good idea to start by suggesting a figure and explaining why you think it’s reasonable, then take it from there. Once you’ve agreed on the amount with the trader the law says you should get your refund within 14 days.
If you can’t come to an agreement, or they refuse to fix the problem or give you a refund, there are other steps you can take - including complaining to your card provider if you paid by card.
You can check if the trader is a member of a trade association or quality scheme. If they are, they might have to follow certain rules, and if they’ve broken them you could get help to take your complaint further. They might be part of an alternative dispute resolution (ADR) scheme - a way of solving disagreements with a trader without going to court - or they might agree to use one.
If the trader isn’t part of an ADR scheme, and you’ve already complained to your card provider and the complaint isn't resolved, you may be able to complain to the Financial Ombudsman Service.
Anyone who is experiencing a problem with building work, decorating or home improvements can contact the Citizens Advice Consumer Service for advice and support from a trained adviser. The helpline number is 0808 223 1133.
For advice on any other issues here's how to contact us in Wiltshire.
