If you’re experiencing problems with a tradesperson, such as unfinished or subpar work in your home, it’s beneficial to be aware of the steps you can take to address the issue and file a complaint.
Which wrote a very useful article on how to complain under these circumstances, you can read the full article At Which. Below is our interpretation of that article.
This Is How To Complain
An overview of your rights and offers step-by-step guidance on how to address a dispute with a trader.
- Talk to your Contactor
- Begin a structured complaint protocol.
- Use a scheme for Alternative Dispute Resolution (ADR).
- Attempt to recoup the costs.
- Tax Authorities should be contacted.
- Gather proof and submit an application for reimbursement.
- Take your case to the civil court
Talk To Your Contractor
First and foremost, get in touch with the tradesman right away when you notice a problem. Jot down some notes during the call and then send a follow-up letter if you were able to reach them over the phone.
On October 1, 2015, the implementation of the Consumer Rights Act began. This law applies to all sellers, including professionals like contractors, plumbers, decorators, and electricians. It ensures that products meet acceptable standards and are appropriate for their intended purpose.
If you can talk with both the dealer and company, whatever the case is, do so.
During your meeting, make sure to discuss the predicament, offer potential solutions, and establish a realistic timeline for its resolution.
Take notes of everything.
Try to do this in person rather than text, or convenient platforms, so everyone knows the conversion occurred.
Decide on a closing date.
Establish a specific time frame for the completion of the project. In the event that the agreed deadline is not met, communicate with them again to determine a final deadline for the completion of all tasks. Clearly specify that failure to meet this final deadline will result in hiring another individual to complete the work, and that the costs will be claimed back from them. It is important to note that guarantees provided by traders only remain valid for a predetermined period of time.
When the warranty period has elapsed and the job is found to be unsatisfactorily completed, a trader cannot dispute a complaint regarding the issue.
Obtain quotes from other dealers.
Include estimates from other traders for the job if possible while demanding that a trader correct their work.
This informs the trader about the amount of money you will require if they fail to resolve the issue. In case they do not cooperate, inform them that legal action may be taken. It is also advisable to determine whether the trader or organization has a formal procedure for handling complaints that you can pursue.
Unfortunately, the majority of lone traders do not have one, many websites insist they must have one to be featured, such on Which or trusted trader.
Check your home insurance policy.
Your insurance policy could have a clause allowing you to clam against a trader in a court of law.. Pay attention to what is covered and what is not.
WARNING:
Is it possible for me to enlist the help of another tradesman to finish the job?
One out of every 5 complaints are completed by another company, accord to the Which magazine.
But be vigilant if you do this; if you wish to get the money back, you must first communicate with the trader and give them time to solve the problem themselves.
WARNING:
Is it acceptable for me to withhold funds?
Withholding money could help with negotiating in some cases, but we don’t advocate it because it may not only have the opposite effect and place you in a deadlock, but it could also put you in violation of your contract.
It may also allow a trader to seek civil proceedings against you, putting you in a weakened situation if you were to go to court. Withholding money could even impact the credit ratings if you used the trader’s or company’s financing choice.
Use a Scheme For Alternative Dispute Resolution (ADR)
Companies and merchants are not necessarily required to participate in an Alternative Dispute Resolution (ADR) scheme, nor must they utilize one to address your dispute. However, they are legally bound to direct you to an accredited ADR scheme and determine whether they can utilize it to resolve your dispute..
ADR comes in a variety of forms:
- Conciliation and consultation programs attempt to assist you and the trader in reaching an amicable agreement by discussing the issues. These are normally free and can be started by either you or the trader. They are taught to be objective.
- An unbiased specialist in the area examines paper proof from both you and the dealer in adjudication and arbitration. The arbiter’s ruling is generally legally binding, and you won’t be able to appeal it later if you don’t agree with it. Fees are sometimes charged for arbitration facilities.
- Consumers have access to free solicitor facilities, but merchants do not. The trader is normally bound by a regulator’s order, but only if the trader is a member of the scheme. If you disagree with the ruling, you will take it to court.
The Consumer Ombudsman handles grievances about home upkeep and renovation, so you may still look into any home-improvement-related issue at the Ombudsman Association.
Which one is it? Since Trustworthy Merchants has a partnership with the Dispute Resolution Information commissioner, all of our traders promise to use this service if you ever need it.
Attempt To Recoup the Costs
Your credit card firm is jointly responsible if anything goes wrong if the work cost more than £100 but less than £30,000.
Retaliation
Giving a refund claim is another choice if you pay with a debit or prepaid card, or if the amount was over the Section 75 cap.
Since it isn’t a legal requirement, banks must commit to responsibility, so it’s worth investigating. From the moment you became aware of the problem before you file a lawsuit, you have 120 days.
The Financial Ombudsman
The Financial Ombudsman Service (FOS) is a non-profit organization that If you paid with PayPal or agreed to a finance deal, you will be entitled to file a complaint with the Financial Ombudsman Service and get your money back.
Trading Standards Could Be Contacted
If you suspect that a merchant is engaging in unlawful practices, you should reach out to the nearest Trading Standards office for assistance. Many Trading Standards offices offer mediation services to help resolve disputes between consumers and businesses. While some Trading Standards offices allow you to submit a report directly, others may require you to contact Citizens Advice first.
National Trading Standards collects information from individual branches around the UK and collaborates with the police and Action Fraud to identify and respond to new risks.
Submitting a complaint does not guarantee an immediate response. Cases involving traders are examined in conjunction with other violations, and the outcome depends on the severity of the situation and the resources at hand. It is possible that the issue will only be recorded for future use.
Time To Take Legal Action?
If neither of those options succeed, it might be time to pursue legal action.
The Ministry of Justice’s Pre-Action Practice Direction outlines the steps individuals should take before taking a matter to court. It is important to consider the evidence that will support your argument in court. The guidelines specify the conduct that individuals involved should adhere to. It may be necessary to obtain an impartial assessment of the work, which may include visual evidence of any defects. It is advisable to negotiate with the builder to determine who will be responsible for procuring this report.
If at all practicable, there should be someone you both believe has the experience to determine the problems and make recommendations on how to resolve them.
If a new trader has finished the job, write to the original trader to request a refund and a detailed description of the work performed.
Take Your Case To The Civil Court
If they don’t pay, you’ll have to go to court and get the funds refunded, so if the sum is less than £10,000 in England and Wales, £5,000 in Scotland, and £3,000 in Northern Ireland, you’ll be entitled using the civil claims court.
The civil court offers a streamlined and accessible process for addressing legal disputes without the need for legal representation. While the hearing maintains a professional atmosphere, it is generally less formal than other court proceedings. However, this option is typically reserved for exceptional circumstances.
When you plan to file a small claims case, you’ll be offered the opportunity to utilize the court’s complimentary Small Claims Mediation Service before proceeding to a hearing. If a resolution can’t be reached through mediation, the matter will then be taken to court for a hearing.