Do you know your rights when buying services?
Every time we buy a service (when you pay someone to provide something for you such as a haircut, washing machine repar or a whole house refit!) we are making a legal contract. When we buy a service and it goes wrong, is delayed or isn’t quite what we thought it would be, it can be extremely disappointing. The law can seem complicated. What are your rights?
The law states
The business must do anything that was agreed before the work started and as part of your agreement (your contract).
Every service you buy must be carried out:
With reasonable care and skill
Charged at a reasonable price (if the price isn’t agreed)
Within a reasonable time
In practice, this means the service must be carried out to the same standards that someone doing the job properly within that field of work would carry it out. The question to consider is what is acceptable within that field of work.
If you haven’t agreed to a fixed price, the price charged should be reasonable. This depends on the industry, areas, and facts of the contract. The question to consider is what the average price in the area for that sort of work is. It’s always wise to get several quotes and then get a price agreed before the work starts.
If a fixed time is agreed, then the service must be completed within that agreed time. If you haven’t agreed to a fixed time, the service must be carried out within a reasonable time. This depends on the industry, areas, and facts of the contract. The question to consider is what the average time is to complete this sort of work.
If the business fails to do any of the above, then the business is in breach of contract and you have a legal right to seek a solution.
If the service is not carried out with reasonable care and skill or what was agreed isn’t done. You have the right to what is called repeat performance. Basically, this means the business has to put the issue(s) right. They have to do it again so that it is what you expected in the first place.
This should be done within a reasonable time, without significant inconvenience and at no cost to you. 'Reasonable time' and 'significant inconvenience' depend on your particular situation and service. If repeat performance ‘putting the work right’ is impossible then you can look at your right to a price reduction.
If repeat performance of a service is impossible or it cannot be carried out within a reasonable time or without causing you significant inconvenience, then you are entitled to a price reduction. This could be a full refund if you have had no benefit from the service at all.
A price reduction could be considered by looking at what has actually been done and working the value of work carried out and refunding the rest. For example, you are having a new bathroom fitted and the only thing that has been fitted is the bath. What is the cost of fitting the bath compared to the whole price paid for a full bathroom refurbishment.
You are also entitled to a price reduction if the service is not carried out within a reasonable time.
What should I do?
Speak to the business and ask them for what you want. If this does not work, then you would need to email or write to them. You can use our Template Letter.
Rules for life
Be polite
Be clear in what you want
Keep a record of all letters and communications
If the business disputes what you are saying, direct them to this website. Businesses need to know their rights as well.
For further advice contact Citizens Advice Consumer Service 0808 223 1133.
Have a listen to our podcast on services.