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Thursday, 23 February 2012

Buying a service – your consumer rights

When you buy a service, the law gives you certain rights to protect you if things go wrong. Services include hiring a lawyer or tradesman and signing a contract for a mobile phone. Find out what your rights are and what to do when things go wrong.

Buying a service – the minimum you can expect

When you buy a service it must be provided:

  • with reasonable care and skill – the service should be carried out to a good standard with no faults or flaws
  • at a reasonable cost – the price charged should match the skills of the service provider, eg a builder would charge more than a handyman
  • within a reasonable time, eg it would be unreasonable if an electrician charged for a day’s work to change a light bulb

Services include hiring a lawyer or tradesman and signing up to a contract for gym membership or a mobile phone.

Where goods are supplied as part of a service, they should not be faulty. For example an oven fitted as part of a new kitchen should work.

Cooling-off period – your right to change your mind

You will usually get seven working days to cancel your order and get all your money back if you buy a service:

  • online
  • over the telephone
  • by mail order
  • on your doorstep (eg when a salesperson visits your home)

If a new service starts immediately, you normally can’t cancel unless the trader has failed to give you information required by law (see link below).

Before you pay for a service

When paying for a service try to avoid paying all the money upfront. There is a risk the service provider could take your money without doing what you’ve agreed. If you have to (eg for a hotel room), ask for a receipt.

Before a tradesman starts a job you should have in writing:

  • the work they will carry out
  • the cost
  • the time it will take

If extra work is needed that wasn’t originally quoted for, ask for a separate signed quote for this.

Unfair terms in contracts

You may be asked to sign a contract for the service you buy. It is illegal for any terms in the contract to unfairly favour the trader (eg no warning of price increases).

Even if a term is unfair, you should get legal advice before you break the terms of a contract.

Cancelling a service

If you want to cancel a service, check the terms and conditions in your contract to see what you need to do. You may need to give notice, eg continue with the contract for 28 days or pay a cancellation fee.

You may lose any deposit you have paid upfront, eg to confirm your booking or to cover the cost of materials needed for work.

If there’s a problem with a service

If the trader doesn’t deliver the service you have agreed, you should first give them a chance to fix the problem for free. Tell them about the fault and use quotes or contracts as evidence of what they agreed to provide.

If the problem is minor, you could ask for a discount, eg if your mobile phone has no service for a few days.

If the trader can’t fix the fault or refuses to fix it, pay them for the value of the work they’ve done and hire someone else.

You can ask the trader to:

  • refund the cost of someone else fixing the fault
  • pay extra costs as a result of the fault, eg if poor plumbing damages carpets

You may have to go to court to get this money from the trader (see link below).

If there are serious problems, for example with poor or dangerous work, you could refuse to pay the trader. You will need to get legal advice to make sure you have the right to do this.

How you pay and your rights

If you’ve paid by a credit card and the service costs more than £100, you may have additional rights to a refund (see link below).

If you’ve paid using Visa, Mastercard or Maestro, you may be able to claim your money back through their ‘chargeback’ scheme. This will cover you if there’s a problem with the service or the business has stopped trading. You will need to contact the card company to make a claim.

If you need to make a complaint

If you need to complain about a service, always go back to the service provider. Also check any guarantee you have to see what protection it gives you, eg you might have a 10-year guarantee for building work.

If you don’t hear back from the service provider or don’t agree with their response, you should make a complaint in writing.

If you’ve paid using credit (eg a credit card), you can also complain to the finance company.

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