Southampton City Council fact sheet
A step by step guide
What do you do if you have an emergency water leak and don't already have a number for a plumber you can trust? Your boiler breaks down?
Where do you find someone reliable to put in a new kitchen for you?
What do you do if someone knocks on your door to tell you there is a problem with your home? Offers to tidy your garden?
This guide gives you tips on how to go about getting work done on your house. Whether the job is big or small there are certain steps it is advisable to take, and this factsheet covers the following subjects:
Finding a trader
Planning beforehand
What to look for in a contract
Paying for the work
What to do if things go wrong
Further information
You may also find our Doorstep Callers factsheet useful
Finding a trader
Where to look
Look on our list of Buy with Confidence members. Member companies have been independently checked by staff from the local authority Trading Standards Service against the Scheme rules. More information on the scheme is at the end of this factsheet.
Ask friends and neighbours if they can recommend anyone
Be wary of people ringing you up or knocking on your door, especially if they want you to sign up to a special deal on the spot.
Be cautious of advertising which comes through the door, particularly adverts which have only a telephone number. Anyone can claim to be a builder/decorator/etc.
Questions to ask a trader
How long have they been in business? Do they have premises you can visit? Established traders are less likely to disappear in the middle of a job.
Are they a member of a trade association? This may give you some extra security as some associations have protection schemes or will help to resolve disputes. Ring the association to find out what protection it offers, and to check if the trader is a member.
Can you see references and/or similar work the trader has done in the past?
Do they have insurance against damage to property (your neighbours' as well as yours)?
Is their work guaranteed? If so, is the guarantee insurance-backed (which means you are protected if they go out of business)?
All the above questions, and more, will have been asked and checked when a trader applies to be a member of Buy with Confidence
Shop around
Ask at least three traders to quote on your work
Make sure they give you a quote for a fixed price and not an estimate (a guess which could go up later)
Be specific about what you want when asking for quotes so that the traders are giving a price for the same work
Check that all the things you asked for are covered in each quote
Choose the quote which offers best value for money, taking into account not only price but also reputation for quality and reliability
Don't be pressured into getting work done that you can't afford
Guarantee schemes
Guarantees are in addition to your legal rights not instead of.
If the work is covered by a guarantee scheme, the name of the scheme and any registration number should be included in your written agreement.
A traders' own guarantee - if they go out of business, the guarantee is worthless.
Insurance-backed guarantees - An insurance-backed scheme can protect you if your trader goes out of business, as it is underwritten by an insurance company. Insurance-backed schemes may well be tied in with a trade association and association members are usually vetted before they are able to participate.
Don't forget that you have rights whether or not you have a guarantee from the trader (see what to do if things go wrong - your rights, in this factsheet).
Beware of the hard sell
Don't let fast-talking sales persons or traders who 'just happen to be in your area' talk you into a spur-of-the-moment decision that you may later regret.
Never accept lifts to banks from salesmen for you to collect money for the deposit - they may disappear with your cash.
Never give your credit card details over the phone in response to a sales call.
If you are interested in the deal being offered:
Ask for written information about it and any discounts on offer.
Ask the questions listed above under 'questions to ask a trader'
Don't sign up to anything on-the-spot. Shop around to check whether it really is the best deal for you. If the seller says you can't have time to think about it, ask why not.
See Doorstep Callers Factsheet for your rights, including cancellation rights, when buying from a door-to-door salesperson, or call Consumer Direct on 08454 04 05 06.
Planning beforehand
Draw up a list of what needs doing to be used as a basis for traders to quote for the work. You might want to include:
Preparatory work - do they need to burn off defective paint, ensure surfaces are made good before repainting, and remove rotten wood from window frames and so on.
Protect existing features - say if you want parts of your property such as mouldings, fireplaces or woodwork to be protected against possible damage.
Materials - if you want certain materials to be used say what they re - such as which roof tiles, what type of paint and how many coats of paint you want.
Location, access and facilities - say where the work is to be done, how the trader will get in, what storage space is available, what water, electricity or phone utilities can be used.
At the end of the job - say that the site should be left clean and tidy, with rubbish and any unused materials removed.
Have you told the company that insures your house that you are having work done on it?
What to look for in a contract:
Trader's full name, or limited company name and registered number, and full address.
A description of the work to be done
The price you have agreed (with the trader's quote attached)
Start and finish dates - if the finish date is important put that fact in writing
Details of any guarantees
Before signing, always read a contract carefully because once you have signed you cannot normally back out.
However, if the contract has resulted from a visit to your home by the trader and also some credit agreements, you may have the right to cancel. If you bought over the telephone, via mail order or over the Internet, and as long as there are no face-to-face meetings (not even a site visit) you may again have the right to cancel. This information should have been given to you at the time of making the contract.
If you are not sure about cancellation rights then telephone Consumer Direct on 08454 04 05 06 for further advice, or see our factsheet 'Doorstep Callers'.
Paying for the work
Don't pay in advance. Try to avoid paying deposits, particularly large deposits, and do not ever pay the whole amount upfront.
Staged payments are a good way of ensuring the steady progress of work.
The final payment should take place after the work has been satisfactorily completed.
Be suspicious if you are suddenly being charged for extra expenses. If you have agreed a price beforehand for the work you should not have to pay for 'extras'.
Sometimes unexpected extra work will be needed, but agree the additional costs before any extra work starts.
Get an invoice including VAT and ask for a signed receipt for every payment you make - keep all invoices and receipts.
Keep all the paperwork.
If the work is done by a company, do not pay an individual builder, always pay the company.
If the total contract price is between £100 and £30,000 and is financed using a credit card, or by a credit agreement, you will be able to pursue any claim for breach of contract or misrepresentation against the finance provider, as well as against the contractor. You do not have to have paid for all of it on credit; for example, if you pay a deposit of £50 on your credit card towards a job that is going to cost more than £100, you will be able to claim against the credit card company or finance provider for any breach of contract.
Package deals
Some companies offer packages for fitted kitchens, loft conversions, etc. where they sort out everything for you. Be aware that you might be paying extra for the convenience of a package.
Read carefully any contract you are asked to sign. Challenge the trader if you are asked for large deposits or payment in full before the work has been finished.
Make sure the contract includes as much information as possible. See 'The contract' above for more details of what should be in the contract.
In case something goes wrong, make sure you know who has overall responsibility for the work, particularly if sub-contractors will be involved.
What to do if things go wrong
Your rights
The Supply of Goods and Services Act, and the Sale of Goods Act (both with amendments) contain your rights, and basically you are entitled to expect that any service is carried out with reasonable care and skill, completed within a reasonable time (unless any specific time was agreed), and any materials used should be of satisfactory quality and fit for the purpose. Also, if no price was agreed beforehand, then any charge must be reasonable.
Many disputes are settled quickly and amicably - but it will help if you know what to do. Firstly, if the trader is a member of Buy with Confidence, discuss the problems with them and if necessary ask that they speak to their local Buy with Confidence contact.
Call Consumer Direct on 08454 04 05 06 for advice for yourself.
Give the trader a chance to put things right.
Put things in writing and keep notes.
If you are still not satisfied put your complaint in writing. Write to the head office if there is one. Say what you want done and set a deadline for a reply. Send it recorded delivery post.
Keep copies of letters, photos and a diary of events. Make a note of any conversations especially about prices.
How trade associations can help
Some trade associations have codes of practice for their members to follow. These should give you basic guidance about what is considered reasonable standards of work.
If the trader belongs to a trade association, there may be a conciliation or arbitration scheme. But a dispute can only go to arbitration if both sides agree to participate.
As a last resort, you could consider withholding payments. Before doing so, seek advice from Consumer Direct on 08454 04 05 06.
How to deal with delay
If you think that you have waited long enough for a job to be finished, you should tell the tradesperson, preferably in writing, that he has had a reasonable length of time in which to complete the job, and that you are giving him a reasonable deadline in which to do so. The time stated has to be reasonable (for example, in some contracts 28 days might be reasonable). If the work has not even been started, let alone finished, within the stated time you should simply cancel the contract. If the work has been started but not finished you can claim compensation from the original trader for any reasonable extra costs you incur by getting another trader to finish the job.
When paying on credit
If you have any kind of credit agreement think carefully and take legal advice before you withhold payments as your future credit rating could be affected.
If you paid by credit card or the work is being financed by a credit agreement arranged by the trader the lender is jointly liable with the trader for any breach of contract (if the work costs between £100 and £30,000). Tell the lender if there is a dispute.
Going to court
If you are unable to resolve your difficulties, you can take your contractor to court. Citizen's Advice Bureaux and consumer advice centres can tell you how the small claims procedure works (as can your local county court) and may sometimes help with filling in the forms. You may need to follow a procedure to get an independent expert opinion to back up your complaint. The independent expert will usually make a charge for a report.
Further advice
You can get advice from:
a local citizens' advice bureau (CAB)
Consumer Direct on 08454 04 05 06
Further information
Buy with Confidence
Details of this scheme are available from Consumer Direct or visit www.buywithconfidence.gov.uk The scheme is run by Trading Standards departments in a number of County and Local Authorities. The aim of the Buy withConfidence scheme is to help consumers to avoid rip-offs and cowboys by providing a list of reputable local businesses, in a wide range of different trades. All members are subject to stringent checks by Trading Standards staff to ensure their trustworthiness and compliance with the law. If a trader is going to enter your home then we require that they have had a Criminal Records Bureau check. All paperwork is checked, references taken up and any membership claims checked.
Levels of any consumer complaints against members are also monitored on a regular basis. It is not possible to ensure that nothing will ever go wrong; however, if you have a problem with a member of the scheme they are required to deal with any complaints in a fair and equitable manner. If the complaint cannot be resolved, the Trading Standards Service will attempt to assist in reaching a solution.
Members of the scheme are committed to providing a quality service to their customers and complying with both the letter and the spirit of the law. We cannot, however, guarantee that quality of their work but would not permit membership to businesses that give rise to regular complaint, and references are taken up when a trader applies to join the scheme. Members are not required to offer the lowest price, but they are expected to offer value for money and make all charges clear at the start of a contract and remember, the cheapest quote will not necessarily be the best one.
Consumer Direct
Help and advice on goods and services, on what to look out for when you buy or choose a supplier, and on various consumer issues such as buying on credit and doorstep selling. Telephone 08454 04 05 06 or visit www.consumerdirect.gov.uk where there will also be links to other websites.
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Last updated: 4 September 2009