Consumer Rights on Poor Service.

The Consumer Rights Act 2015 dictates that a service provided by a business must be carried out with reasonable care and skill, within a reasonable time and at a reasonable price.

If you have recently paid for a work that was completed poorly or resulted in a fault, you generally have the right to have the work undertaken again or request a reasonable discount.

There are various options available to you to try and resolve an instance of poor service, the majority of which you can undertake yourself. But if these fail, you may be left with the only recourse being legal action to get the work completed and ensure you are not left out of pocket.

​Almost any service that is provided by a business, trades-person or sole trader to a individual in the UK will be covered under the Consumer Rights Act. Common scenarios can include:

• Poor workmanship by a builder
• RIBA or JCT homeowner contract disputes 
• Complaints about a kitchen installation​
• Dispute with bathroom fitter

• Problems with double glazing installation
• Consumer complaints over plumbing services
• Complaints about electrical work
• Poor car repair service

A service provided to a consumer should be:.

With Reasonable Care and Skill

Be qualified, prepared and equipped to perform the service sold.

Within a Reasonable Timeframe

Completed as soon as possible, on the agreed date or in the agreed time period.

At a Reasonable Price

If no price was agreed beforehand, fees charges should reflect the service provided.

How to complain about a poor service.

If a service is performed to a poor standard, not fully completed, or not done to the agreed specification and price, then you are entitled in the first instance to request that the service is repeated to correct these issues. Should that not be possible (or feasible) then you may request that a discount or refund is given which takes into account the work that is incomplete or the cost of an alternate service is used to correct.

Most disputes around poor service can be handled with polite correspondence with the supplier and in the case of larger businesses their formal complaints process:
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1. Get in contact with the supplier to inform them of the issues and that you would like them to be rectified as soon as possible. Take photographs if appropriate and keep a record of the service shortfalls which can be shared with the supplier if requested.
2. Should the supplier be unwilling to fully rectify the issues, request a refund or discount that is proportionate to the cost of rectification or a replacement service. Also put this in writing (email, letter etc.) so that you have documented evidence.
3. If the supplier still refuses to engage in finding a resolution, ask for a copy of their complaints procedure and if they are a member of a professional or trade body that will assist with dispute resolution. If a complaints process is provided, then write a formal letter of complaint as per their procedure.
4. In the event the supplier informs you that nothing further can be done, check their trade body or ombudsman scheme membership and consider escalating the matter to them.

If after all these steps the supplier or trader still does not offer an agreeable and appropriate solution, you need to then consider taking your case to the small claims court who can ultimately resolve your claim. But for this important step you need to consider:
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• The agreed contract terms, relevant consumer regulations and your chance of winning in court
• The costs of issuing a claim
• The time involved in compiling evidence, completing court forms and attending a court hearing

The first step in the legal process is to write again to the other party and inform them that unless you achieve a resolution within 14 days you intend to take the matter to the small claims court. This is known as a 'Letter Before Action' and further details on the whole process along with an example letter can be found in our free guide on dealing with a poor service.

Once the court is involved gaining compensation to rectify the problems encountered can become a long and complicated process, therefore you may wish to seek legal advice before incurring the cost of issuing court proceedings.
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Solicitors for Poor Service Claims.

We offer a free guide that includes template letters which will take you through the various stages and steps to resolve a dispute over poor service. Attempting to deal with the matter via polite dialogue with the supplier and a formal complaint should always be done before considering legal action.

​If following a complaint your only option is to now consider legal action, we can offer a fixed fee review where a solicitor will review your pre-litigation/legal action dispute, consider the merits of your claim and if appropriate draft a Letter Before Action to the supplier. As often a professionally drafted letter from solicitors can be sufficient to demonstrate that legal advice has been taken and you are serious about taking court action to resolve.

Should a letter following our review not achieve a settlement or solution, we can then offer further fixed fee services to issue your claim in the small claim court.

Free Guide and Template Letters

Our free guide provides an overview of the complaint and small claim process

• A free guide on the process of resolving and claiming after receiving a poor service
• Template letters to adapt and send to the supplier, include a Letter Before Action
• Overview of making a claim in the Small Claims Court

Free

Consumer Dispute Legal Advice

If the other party is refusing to rectify the poor service they have provided, our fixed fee consumer legal advice gets you access to a consumer dispute lawyer at an affordable price

• For a fixed fee we will:
• Review your dispute and supporting documentation
• Establish the prospects, risks and merits of a legal claim
• Provide you with a detailed letter of advice with a suggested course of action
• Organise a telephone call with your lawyer for any further clarification
• If appropriate, draft a letter to the other party based on the advice provided
• If required, provide a cost estimate for any further legal or court action that you may wish to pursue

£ 330 inc VAT

Issue Small Claim Proceedings

If following our legal advice service and Letter Before Action your dispute has not been resolved, we can commence formal legal proceedings on your behalf

• For a fixed fee we will:
• Draft a County Court claim form and particulars of claim
• Issue a claim form and particulars at the court against the other party
• If the defendant fails to pay or respond to the court within 14 days, we will request judgment is entered against them
• Inform the other party of the court judgment and demand immediate payment or face enforcement action
• Advise on your judgment enforcement options
£ 240 INC VAT
* plus court issue fee (£35-£410) depending amount being claimed, which will attempted to be recovered as part of your small claim

Legal Advice for Poor Service.