What about contracts for services?
In situations where you are having some work done, and the main focus of the agreement is the service itself, you would be party to a contract for Work and Materials. This type of contract is governed by the Supply of Goods and Services Act 1982. Under this legislation, you are always protected by three statutory terms, even though you may not have anything in writing, or the contract you signed does not specifically mention them.
Refer to the section on Doorstep Selling if you signed up to having some work done after someone paid you an unsolicited visit.
Common complaints:
- He was a complete cowboy!
- They are taking forever to do the work!
- It cost me a fortune!
- The price was significantly higher than the estimate
- The job was done as a ‘foreigner’. Do I have any rights?
- How much can I claim in damages?
How can I resolve the situation?
Using the Small Claims Court
Related posts:
Hi my father is having a composite door fitted by a reputable company and they have removed his old door and frame completely and when fitting the new one my father realised the glass panels in the door the type of glass they ordered and has phoned the company to tell them. they are completely disputing what he has ordered and are saying they have supplied what was asked evebn though a rep came to the house and took the order and my father used a brochure to show him what he wanted. they are refusing to take responsibilty and they are putting it back on my parents saying they never asked for the different glass but i know they did ask for it. they are now saying that if they want the glass changing it will be at cost to my parents and the company are not taking any liability for the error and the salesman has been really nasty on the phone with my father who is 74 yrs – my father asked to speak to a mananger st the compnay but he refused his request – the salesman told him only he could deal with it as it was his contract sale and he was not prepared to budge. my oarents now have a door fitted that thay did not order and the compnay dont want to know – they keep tellingnhim they have entered into a contract and pay the remaining balance. please help – where do they stand????
Helen, this is really unfortunate, I have no doubt you are right and they are simply covering up their own mistake. Do you have any kind of contract which mentions the spec your Father chose? If they didn’t provide you with anything this is not only poor customer practice, it may render the agreement unenforceable. Could you request a copy of the invoice from them? There is no reason they shouldn’t be able to supply one. Also ask to see a copy of their complaints procedure. Most companies have one and you should be able to escalate the problem to someone higher up than the salesman. If they are a member of a trade body, you could also seek help (arbitration) from them. You might also want to consider an Alternative Dispute Resolution service (ADR) via HM Courts. Tell the company you are considering all these options, this may force their hand.
I paid a company over £600 to collect, pack and transport my goods including a large quantity of floor tiles from the Uk to France (where I am renovating a property). This was done under, (what I’m told), was a fairly standard contract for carriage.
In the event the pallet was dropped in transit and (very poorly) re-packed by the carriers. I had clear evidence of this. Most of the floor tiles were broken as well as significant damange to virtually everything else I was sending. Having read the information on whatconsumer.co.uk my understanding was that my statutory rights are that the supplier will carry out the service with reasonable care and skill. I made a claim at the small claims court but I was not successful because there was apparently not a ‘total failure of consideration’ i.e the good were delivered, even though they were largely smashed to pieces! I am hence out of pocket by £600+. This seems wholly unfair to me.
Hi. I purchased a ‘track experience’ from Virgin (£98) as a Christmas present for my wife. She followed the pack inofrmation and posted a voucher off to Silverstone to book the day. The voucher has been lost by Royal Mail and so the booking hasn’t been done. Virgin are saying that they cannot refund me or issue another voucher as the posted one could still be used. I can’t get to speak to anyone other than their help line and no one is calling me back. What do you recommend as my next course of action?