Tuesday 27 September 2011

Complaints against Tradesmen

We can only assist you with complaints about Checkatrade members.

In the rare event that you have been let down by a business that is a member of Checkatrade, please let us know. Either fill out a customer feedback card or phone our Trade Appraisal Line. We can send you a card if you have not already received one.
Where you are happy for us to contact the business involved, we raise any issues of concern directly with them. This gives them the right of reply and encourages any necessary reparation.
Usually the problem is one of communication or expectation, and it is in the interest of our trades and services to put things right. When the job is finished, your feedback is made public on our web site (your identity is not published). This monitoring system prevents things from going wrong in the vast majority of circumstances.
Further to this process you may also register a complaint with your local Trading Standards.
Should you feel it necessary to take a complaint further or resolve a serious dispute, we endorse the following advice from the Liverpool Environmental Health and Trading Standards Service:
Before you start keep these points in mind
  1. Always keep copies of correspondence
  2. Make sure you have a proper claim before you start complaining
  3. Contact the trader you bought from or hired as soon as possible
  4. It is always this trader who must sort out your problem
  5. Always stay calm and be fair but be firm and stay determined
  6. Tell the trader all the story not just the parts which help your claim
  7. If your problem is still not solved it is only a court that can order the trader to do something
  8. Courts should only be used as a last resort
  9. You may have extra rights if you bought on credit
  10. You have fewer rights if you buy from a person who is not a trader
Approaching the trader or workman at fault
Seeking redress...
  1. For small items, bought locally, visit the trader. Take the goods and any proof of purchase with you.
  2. If you cannot take the goods back to the shop, either visit, phone or write to the trader. If you visit, take your proof of purchase with you. It you write, briefly set out the problem and ask the trader to get in touch with you. Include a copy of your proof of purchase. Don't send originals.
  3. Ask to speak to, or write to, the manager or owner. Explain your problem, keep calm but be firm. Make it clear whether you want a refund, a repair or compensation. Remember you may be entitled to a refund or repair plus compensation. You may still be entitled to a refund when a repair turns out to be unsatisfactory. Don't demand something you're not entitled to. Your problem may well be solved at this stage.
  4. If there is doubt about your claim the shop may want to send the goods to their head office or to the manufacturer for examination. Let them do this as it may help sort things out, but ask how long it will take. The goods must came back in a reasonable length of time - say two weeks. If you feel you are entitled to a refund make it clear that the goods aren't to be repaired without your agreement.
  5. For larger items or goods which have been fitted, you may ask or the trader may arrange far somebody to call out and examine the goods within a reasonable period of time, say seven to 14 days. It may be somebody from the shop, the manufacturer, the traders own service department or an independent expert. When they come, make a note of the person's name, where they are from and anything they may say about the problem.
  6. If poor fitting caused the fault, contact the fitter - this may or may not be the trader who supplied the goods.
  7. If the problem still remains you must write to the trader. If you know the head office address, send them a copy of your letter as well. Send your letter by Recorded Delivery. (You must go to the Post Office for this). Keep a copy of each letter.
  8. If the trader replies and asks for more information, be as helpful as you can. This may help the trader solve your problem. If the trader asks for receipts or other documents send copies, not the originals. Keep a copy of any reply you send.
  9. If you get no reply to your letter, send the trader a reminder with a copy of your first letter. Remember to keep a copy of both letters. Send your reminder letter by Recorded Delivery.
  10. If the trader offers to do something, but not what you have asked for, you can either accept the offer or negotiate for a better offer. Be reasonable in what you are prepared to accept Sometimes it can be better to compromise. Only you can decide this. (Keep a copy of every letter you write).
What if your trader refuses to do anything?
If the trader doesn't reply to your letters, refuses to do anything, or makes a final offer you are not prepared to accept, you will have to think about going to Court. Only a Court can order a trader to sort out your problem. Most claims can be settled by an informal procedure in the County Court in England and Wales or Sheriff Court in Scotland. This does not need to involve a solicitor.
Going to court
If you decide to take the trader to Court you will have to prove what the original fault was and that it was not due to fair wear and tear or misuse since purchase.
Remember, court is a last resort. Before you consider going to court, think carefully. Ask yourself:
Will I be able to find the trader? - It is your job to find him/her.
Have I got evidence? - It is your job to prove your case.
Has the trader got money to pay what the Court may award?
It's not worth suing a person or limited company if they have gone bust. If you have lost money on faulty goods, don't waste more money on a case you cannot win.
Making a claim
To inform you of your chances of progressing a court case there are a number of options.
Information: You can access legal information via the Citizen's Advice Bureau.
Small Claims Court: These are courts set up to deal quickly with claims for small amounts of money. Small Claims Courts can be found in your local County or Sheriff Court.
Legal Aid
Are you entitled to money from a central fund to pursue your claim?
That depends on a number of factors including your income. Different organisations deal with different areas of Great Britain.
England and Wales: What used to be called the Legal Aid service in England and Wales is now run by The Community Legal Service. You can get advice under the scheme as well as representation. Visit their website, use their advice search or look through their directory.