Consumer Rights act but from a tradesman perspective

jbkmum

Hi,

We are having trouble with a customer who has stated that the work carried out is unsatisfactory and is refusing remedial works to be carried out.

She was really quite pushy and wanted the job done quicker than was needed. So the labourer is at fault for rushing the end of it, but of course remedial work has been offered. It's not anything major like falling down walls, think along the lines of painting a skirting board again. 

She has asked for a full refund. She has then changed to a reduction, stating that it would be inconvenient for remedial works to be carried out but in the same breath has advised she has obtained new quotes to have all the work done again.

I'm aware of my rights under the Consumer Rights Act as a consumer, but not in reverse. 

We have offered to return and correct anything at no cost. She says no, she wants a refund.

We have not seen evidence of work needing to be corrected, we're on our first letter.

Not sure where to go with this other than to keep offering remedials. I do want to point out that she is contradicting herself but I also don't want to get into a written fight so to speak!

Thanks

Doozergirl

You are entitled to rectify any work.  She doesn't get to just deny you and demand money.  I'd put it in writing that you are more than happy to arrange for any defects to be rectified, and have stated so on x number of occasions, but you will not be offering any monetary form of compensation.   Don't be rude at all, be as nice as pie as you can use it in future.  

Let her make a claim in court if she wants to.  You should accept any offer to mediation where she will be encouraged to let you finish up.  

If you're FMB members I think they also offer some form of arbitration.  

jbkmum

I'm a bit worried about her being able to say she has no confidence that the job will be finished. Have been reading about that but I think I'll just repeat what we've already said which is fairly in line with what you have thanks for your advice

HHarry

If you offer in writing to go back and rectify then she’s not going to be able to claim that she was worried about not finishing.

She might try the line thatnyour original work was so poor that she doesn’t want you back - but I don’t think that’s an option, and the original work would have to be pretty terrible to argue that point.

Bendy_House

jbkmum said:

Hi,

We are having trouble with a customer who has stated that the work carried out is unsatisfactory and is refusing remedial works to be carried out.

She was really quite pushy and wanted the job done quicker than was needed. So the labourer is at fault for rushing the end of it, but of course remedial work has been offered. It's not anything major like falling down walls, think along the lines of painting a skirting board again. 

(1) She has asked for a full refund. She has then changed to a reduction, (2) stating that it would be inconvenient for remedial works to be carried out but in the same breath has advised she has obtained new quotes to have all the work done again.

I'm aware of my rights under the Consumer Rights Act as a consumer, but not in reverse. 

(3) We have offered to return and correct anything at no cost. She says no, she wants a refund.

(4) We have not seen evidence of work needing to be corrected, we're on our first letter.

Not sure where to go with this other than to keep offering remedials. (5) I do want to point out that she is contradicting herself but I also don't want to get into a written fight so to speak!

Thanks

Horrible situation.

I'd suggest just doing what it seems you already are; keep your head, and keep being completely professional. Utterly polite and calm. And try and keep the situation as simple and basic as possible - ie don't be distracted by diversions or changes of tactic by the customer (looks like you've had a few of these already!). Keep a paper-trail of communications, so best all done by email or text and not by phonecall, or at least back up/confirm any verbal communication with an email.

By 'simple and basic', I mean keep the mantra to, "We are sorry you have reported that you feel some of our work has not been to a satisfactory standard. We will, of course, remedy any such issues in a prompt manner and to a high standard; please let me know when we can call to examine your concerns" (or however you would word such a thing). Don't get involved in 'No, we won't refund'. 'No, you must allow us to fix it first', it's just 'we acknowledge your concerns - and this is what we'll do; tell us when...'. I would just ignore anything that isn't "Ok, come and have a look, then..."

The onus will then be on them to arrange this, or else they are stuffed.

With ref to your post:

1) She has asked for a full refund? Cool - do you have that recorded anywhere? If verbal, then note it down and when it was said - it's clearly unreasonable, and will stand her in poor stead should she try and take this further.

Does this mean she has actually paid you in full? If so, cool - at least you won't lose out financially. :-)

2) These are, indeed, very contradictory claims by her, and that will also backfire dramatically should she try and take this further.

3) Cool. That's your mantra - a clear offer to make it good. Make sure you have this recorded each time.

4) Cool. She needs to allow you to visit and discuss this.

5) Yup, keep all her silly comments to yourself - don't bring it up, as it'll likely just incense her more; just stick to the mantra, but DO note it all down; it's what will shoot down in flames any claim she should try against you.

Doozergirl

jbkmum said:

I'm a bit worried about her being able to say she has no confidence that the job will be finished. Have been reading about that but I think I'll just repeat what we've already said which is fairly in line with what you have thanks for your advice

Give an explanation.  Explain that on this occasion, your subbie didn't meet your own high expectations on this occasion because he felt under pressure to complete the job quickly and unfortunately chose quick over best quality, but that it can be very easily rectified with the customer's co-operation.

ObserverOfLife

Difficult situation but I would suggest you stick to the same points repeatedly in any correspondence, don't deviate to any other points because this could escalate in something else, be misinterpreted and used against you. Basically, don't give her any ammo! 

If you are capable of doing the remedial work yourself, you could perhaps offer an explanation as above and state that YOU will be doing the remedial work rather than your labourer. This could instil a bit more confidence than the individual that made the mistake the first time round. Hope it gets resolved. 

DevCoder

Youll want to read para 55 and 56 of CRA 2015

55Right to repeat performance

(1)The right to require repeat performance is a right to require the trader to perform the service again, to the extent necessary to complete its performance in conformity with the contract.

(2)If the consumer requires such repeat performance, the trader—

(a)must provide it within a reasonable time and without significant inconvenience to the consumer; and

(b)must bear any necessary costs incurred in doing so (including in particular the cost of any labour or materials).

(3)The consumer cannot require repeat performance if completing performance of the service in conformity with the contract is impossible.

(4)Any question as to what is a reasonable time or significant inconvenience is to be determined taking account of—

(a)the nature of the service, and

(b)the purpose for which the service was to be performed.

56Right to price reduction

(1)The right to a price reduction is the right to require the trader to reduce the price to the consumer by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount).

(2)The amount of the reduction may, where appropriate, be the full amount of the price.

(3)A consumer who has that right and the right to require repeat performance is only entitled to a price reduction in one of these situations—

(a)because of section 55(3) the consumer cannot require repeat performance; or

(b)the consumer has required repeat performance, but the trader is in breach of the requirement of section 55(2)(a) to do it within a reasonable time and without significant inconvenience to the consumer.

(4)A refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund.

(5)The trader must give the refund using the same means of payment as the consumer used to pay for the service, unless the consumer expressly agrees otherwise.

(6)The trader must not impose any fee on the consumer in respect of the refund.