KNOW YOUR RIGHTS
Caerphilly
County Borough Council Consumer Advice Service/Trading Standards service
is constantly warning consumers to be aware of Cowboy Traders including
builders who prey on the vulnerable or misinformed.
Every consumer
has statutory rights inferred by law. In the case of the
building trade the Sale and Supply of Goods Act 1982 lays down specific
standards that a consumer is entitled to expect.
Anyone who provides a service, e.g. a builder must carry out the
work with all reasonable care and skill within a reasonable time and for a
reasonable price, if no price has been fixed in advance. In addition
to the above any goods or materials used must also be of satisfactory
quality, fit for it`s intended purpose, and as described. As
laid down in the Sale of Goods Act 1979 (as amended)
In practice
consumers should always ensure that they know exactly what they are going
to be charged and should shop around for the best deal possible.
Always obtain estimates for a quotation from at least three builders
to compare for the best deal. However, by far the best way for a
consumer to contract with a builder would be to have a written quotation
that stipulates the work to be done, the price to be paid and the
timescale in which the builder states he can do the work - this having
been agreed by both parties beforehand. If then the trader
fails to fulfil any of these conditions it could result in a consumer
being able to take legal proceedings for a Breach of Contract.
Trading Standards Departments of each Local Authority also have wide
ranging powers and duties, for example, taking criminal action under
various pieces of legislation against tradespeople who make falso or
misleading statements regarding membership of Associations or Approved
Bodies and the descriptions of work carried out.
If a customer has a
problem they should go back to the builder and agree what course of action
is needed. If the problem cannot be resolved they should them
contact the local Trading Standards - Customer Advice Service who will
attempt mediation. If an impasse is reached then advice and
assistance on taking action in the small claims court will be given.
It will then be up to a District Judge to arbitrate on the situation
and give his judgement.
For
further information contact:
Caerphilly County Borough Council,
Council Offices, Pontllanfraith,
Blackwood, NP2 2YW.
Tel:
01495-226622
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