Consumer advice questions and answers
Building work
12 months ago I had some building work done by a local trader. Since then the trader has been back on at least six separate occasions to rectify the same fault. It still isn't right and it means I can't go ahead with decorating or sorting out the rest of the house. The trader is now saying that they've tried their best and there is nothing more they can do. Is this right?
Walsall's Trading Standards said:
You have certain statutory rights under the Supply of Goods and Services Act 1982, which states that all work should be carried out with reasonable care and skill and also within a reasonable time! If you haven't already done so, you must ensure that your complaint is put in writing to the trader concerned. Make time of the essence, i.e. ask them to carry out the repair to your satisfaction within a stipulated reasonable time. About fourteen days might be considered reasonable taking into account the circumstances. Explain that if they fail to do so, you will look to obtain at least 3 quotes from third parties to resolve the problem once and for all, and you will seek reimbursement of any consequential costs from them! This letter should be sent recorded delivery and always keep a copy.
If you're not sure who to go to for your quotes you may be able to get details of third party traders who have already been vetted by contacting a relevant trade association such as the Federation of Master Builders on 0121 421 2241 or the DTI's Quality Mark Scheme on 0845 3008040.
NB - If this work has been carried out under a finance agreement or paid for on credit, the finance/credit provider may also be jointly liable for any subsequent problems as well. Send a copy of the same letter as above to the finance/credit company with an additional note putting them on notice that they as well as the original supplier will be held liable for the repairs.
If this fails to rectify the situation our officers may be in a position to take the matter up on your behalf and help negotiate between all the parties concerned.
Private car sales
Recently I saw a Vauxhall Cavalier advertised in the local paper. I went round to see it and it looked O.K, the seller told me he had owned it from new and it had been well looked after. I bought the car and paid £2950. I've hardly used the car and the engine is smoking. A motor mechanic friend has told me that the pistons are worn and the engine needs overhauling. I went back to the person I bought it off who wasn't interested. He said it was a private sale so there was nothing I could do about it. I've since received the log book and found out that the car belonged to a hire company from new, and the seller only had it for at most a couple of weeks. I've noticed another car advertised in the paper by the same person. Is there anything I can do?
Walsall Trading Standards said:
The seller is partially correct in what he has said. If the sale is in fact a "private transaction" then normal sale of goods rights i.e that the goods shall be of satisfactory quality and fit for the purpose do not apply. However, the goods must still be as "described". Therefore where the vehicle has been misdescribed that he had "owned it from new" together with the condition of the engine indicating that the vehicle had not been "well looked after", the purchaser would be entitled to reject the car and obtain a refund of any monies paid provided this is done within a reasonable time. Of course, it usually depends on the level of evidence to prove the case. If the statements appear in the advertisement that is good evidence. If it is just a discussion without other witnesses this is more difficult to prove to a court.
You say that the seller has advertised another car for sale, if it can be shown that this is a regular occurrence then the seller may be deemed to be acting in the course of trade or business and all normal sale of goods rights would be reinstated. Also if the person is misdescribing these vehicles your local Trading Standards Officer would be interested in investigating the matter to see whether any offences have been committed under the Trade Descriptions Act 1968. If we can prove, that the person has sold a number of vehicles and they had not indicated in the advertisement that they were trading in motor vehicles, they may have committed other criminal offences contravening the Business Advertisement Disclosure Order 1977. These offences alone attract a penalty of £5,000 for each advert.
An information pack on consumer rights can be obtained from our offices at Challenge Building in Hatherton Road, or, if you phone us we will post one to you.