Category: Uncategorized

  • Who Are You Going to Call?

    If you feel things have gone wrong and you need help, or want your situation brough to light.

    Contact

    Citizen’s Advice

    Their job: “…empower people by equipping them with the knowledge and confidence to navigate challenges they face”.

    How they are set up: Citizen’s Advice across the UK are set up as different charities working under an umbrella national organisation. They have different contact numbers for each country in the UK.

    They report back their data to a central location. The data is collated and used to identify areas of greatest need enabling Citizen’s Advice to provide help where it is needed.

    What they can do: Provide you with template letters, let you know your rights and help you plan your approach. They are also the gateway to Trading Standards.

    They can also support you if your trader has caused you to incur debt, by conducting a financial assessment and exploring possible solutions to help you recover.

    What they cannot do: Take on your case for you, give legal advice or offer cancelling, while they can help you navigate debt issues they do not offer financial advice..

    Where you may struggle: Getting through on the phone. Waiting times can be long. You can contact them online through the ‘chat’ function and fill in an online form between Friday 5pm and Monday 9am.

    How to get through: Use the form to see if that helps, but keep persevering. Put the phone on speaker and get on with something else while you wait.

    If everyone perseveres to get through, their central office data will flag rogue traders are an increasing problem, and Trading Standards will get more complaints about your rogue, which may trigger action.

    Resources: Consumer Helpline Webpage; Debt Advice webpage

    Trading Standards (TS)

    Their job: “…responsible for ensuring that businesses comply with trading standards legislation”. This covers ALL trading standards, not just skilled trades. if they feel it is in the public’s interest they can conduct criminal investigations and have a thorough, strict process to build a case for passing on to lawyers to take forward.

    How they are set up: Primarily managed by local authorities in England, Scotland and Wales; Northern Ireland manages them centrally. To report a case to TS you need to contact Citizen’s Advice.

    There is a National Trading Standards (NTS) that provides support and guidance to local authorities, particularly for issues that require regional or national focus. There is also a Chartered Trading Standards Institute (CTSI) involved in training, standards settings and advice.

    What they can do: Investigate unfair or illegal business practises potentially leading to court action.

    What they can’t do: Take up every case. Take up any case where there is no hard evidence. You will need to gather your evidence (scope, contract, texts/emails, photos etc) in order to be heard.

    Where you may struggle: Getting them to take up your case. We hear there are inconsistencies across local authorities where some TS need between 1-2 people to report a rogue trader while others say 5-6 people are needed.

    We hear TS have been badly impacted by budget cuts and lack of hiring over many years leading to a high burn out/resignation rate. This will impact their ability to take on cases.

    We know that it is hard to start communications with TS and if your case is taken up the communication is poor to terrible.

    Stay polite and friendly. We know how frustrating dealing with TS can be. Remain calm, remain polite, remain persistent.

    Resources: Reporting to Trading Standards

    Action Fraud

    Their job: “receiving and analyzing reports of fraud and cybercrime, and then forwarding them to the National Fraud Intelligence Bureau (NFIB) for further action” across England, Wales & Northern Ireland.

    How they are set up: The UK’s national reporting centre, managed by the City of London Police and the National Fraud Intelligence Bureau (NFIB)

    What they can do: Data synthesis and analysis to identify patterns and trends which are reported to the NFIB; they then use the data to identify potential leads for police investigations, block fraud enablers and provide police intelligence.

    They can provide advice and guidance to the public including specific advice to people who have been victims of fraud. They can also connect victims to Victim Support for emotional and practical help.

    What they can’t do: They do not have investigation powers, provide progress updates or help with fund recovery.

    Where you may struggle: Getting them to take up the case. CAST victims are typically advised to report to Action Fraud to provide their data not necessarily to obtain help or support.

    Resources: Their website

    Facebook

    CAST recommend being careful with Facebook when things have gone wrong due as it could jeopardise your case if it progresses to court.

    What YOU can do: Check Local social media site and rogue builder Facebook groups for your trader’s name, please do avoid naming and shaming your trader at this point. This might jeopardise your case. You can however ask if anyone has used your trader and see what feedback you get.

    Find other people who the trader has done work for. Talk to their workmen, you might gain valuable information about who else they are working for. 

    The more people that report a rogue trader the more action trading standards will take. If they pursue a claim against your trader and win, you may be able to get your money back through your bank as your trader will have a criminal conviction.

    Keep any exchanges or posts professional, factual and non-emotive.

    What you shouldn’t do: Let your emotions take over and/or get involved in heated exchanges, give too much detail away (always think: could my sharing this jeopardise my case), respond to trolls.

    Where you may struggle: You may be contacted by your trader who is likely to be unhappy about receiving negativity online. It may impact his business – and impact his ability to be a rogue. Review this page before making a decision on how to proceed.

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  • If It Has Gone Wrong

    Theses are the necessary steps to meet legal requirements, remove the trader from your site and start to move on.

    Take a Breath – Don’t Panic
    Don’t agree to pay anything straight away. Take some time to understand what’s going on and who is owed what.

    A trustworthy trader won’t mind giving you a few days and answering your questions.

    You have the right to take your time – don’t let anyone pressure you into a rushed decision.

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    Step 1: Check your Facts

    Take time to check any contract or quote you have received for what is included and not included.

    This is a good time to review the scope (all the work that was agreed) and the timescale it was agreed to be completed in.

    Remember:

    1. If it’s a quote it is a fixed price for the job and they should not be charging you more money, unless you have asked for them to do extra work or they have uncovered a problem while undertaking the work.
    2. If they uncovered a problem and extra work is required, they needed to provide you with a written quote. This applies to all work valued over £42.
    3. They also needed to receive your written agreement to the extra cost and work before undertaking that work.
    4. They need to offer you a 14 day cooling off period.
    5. If you had asked them to undertake extra work you would need to put this in writing to them. Then follow steps 2-4 as above.
    6. Any change in timescales should also have been communicated in writing by the trader as part of the quote.

    If you are going to terminate your contract with your trader, you need to do so legally, so follow the steps below to ensure you are complying the law. If you need to take your trader to court, this will work in your favour.

    Resources:

    Consumer Contracts Regulations (2013): https://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations-ajWHC8m21cAk

    The Consumer Rights Act (2015)https://www.which.co.uk/consumer-rights/regulation/consumer-rights-act-aKJYx8n5KiSl

    Top tips:

    • From here on in, make sure everything you do is written, preferably by email, if not available, then text/WhatsApp message.
    • Ensure you screen shot or download the messages exchanged between you and the contractor, they can disappear!

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    Step 2: Document the Site

    Take photos of how your home has been left, take photos of everything the contractor has done and a video if you can. 

    Top tips:

    • Doing this on a smart phone will ensure that they have a date and timestamp on your photos/video.
    • Recording direct to the cloud means that if your phone is lost, stolen or damaged the video is still safe.

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    Step 3:  Make it Formal

    Remember:

    • You have to, by law, give them a chance to come back and fix what they have not done or is not right.
    • Write a letter (if a letter is not possible then send what you would put in a letter by text or WhatsApp) outlining the issue and what you want them to do about it, give them 14 or 21 days to respond. 
    • To close out the contract you will need to refer back you the original agreement or contract which should state
      • what you wanted
      • for what cost
      • in what timescale

    If you can demonstrate that the trader has failed on one or more of these elements you may be able to remove them from site with breach of contract. Check your circumstances with Citizen’s Advice to ensure you get the wording right and can close the contract legally.

    Resources:

    https://www.citizensadvice.org.uk/consumer/template-letters/letters

    Top tips:

    Use Citizen’s Advice letter templates to make life easy for you. If you prefer not to then you will need to:

    • Include your name and address and theirs if you have it.
    • Date the letter
    • Include details of the original quote and scope of work, what they have done so far and what they have not done or what is not complete or to standard.
    • Ask them to rectify it by a specific date.
    • Tell them if they don’t rectify you will have to
      • ask another contractor to rectify the work and you will be seeking to recoup that cost from them via a court if necessary.
      • Close the contract.

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    Step 4: Find a New Trader

     If they do not respond or refuse to return after the 14/21 days have elapsed then you have the right to get someone else to complete the job/put right the poor workmanship. 

    You will need to obtain a couple (preferably 3) of written quotes from new traders. 

    If this costs you more than the quote from the original trader then you can try to reclaim the money from the original trader.

    Remember:

    You will need to obtain written quotations, if you want to try and reclaim money from the original contractor, these will need to detail the price and work to be undertaken.

    Top Tips:

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    Step 5: Expert Evaluations

    Consider the need for an expert witness report or a defects list. 

    These are reports that are completed by RICS Chartered Surveyors and detail the work that has been undertaken, the quality of the work undertaken and can look at the costs of the work and assess if there has been an under or overpayment/underpayment for the work. They can also look at the contract between yourselves and the contractor.

    They are useful where you have had a large project completed with lots of complexity. For example, a single storey extension.

    Resources:

    https://www.rics.org/surveyor-careers/surveying/what-is-a-chartered-surveyor

    Top tips

    • A RICS Chartered Surveyors report can be a useful tool, if you unfortunately need to resolve your issue through the courts.
    • If you are planning to go to court then you will need a Chartered Surveyor’s expert witness report.
    • They can also be a useful tool for resolving a dispute over costs with a contractor.
    • They provide an independent assessment of the work and are not biased to either party.
    • It’s a good idea to write to your trader and say that you are going to get an Chartered Surveyor’s report to try to resolve the dispute and offer them the opportunity to take part in this. This shows willing on your part and can help in a future court case.

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    Summary

    If your trader refuses to return to site to complete the work, you will need to get someone else to complete the work and then decide how you wish to try and recoup your additional costs, if the new trader has cost more. You have 6 years to do this, so don’t rush. Gather all your facts together. 

    Before you do any work, do consider the need for a RICS Chartered Surveyor, this will give you an expert witness report that is independent, if you do need to go to court. It can also give you an independent assessment of what has been done/not done. 

    Write to the trader (a letter is preferable, if you do not have their address, then send a screenshot of the letter to them or send it via WhatsApp or email) and tell them you have had someone else complete the work. 

    Be sure that the contract (even if it was a verbal contract) is closed and they have no valid reason to return to your site.

    Give details of the additional cost you have incurred; you can include the quotation and copy of the invoice you have paid.

    Ask the trader to refund you the difference between their original quote and the new quote that you have paid. 

    Tell the trader that if you cannot recoup the additional costs directly from them, then you will be left with no option than to go through the courts to refund your money.

    Give them 14 or 21 days to respond to your letter.

    If they are still refusing to settle with you, then you have the option of completing paperwork to take them to court.

    If the value of the work is less than £10,000 you can use money claims online or the small claims court system. If the value of the work is over £10,000 then you will need to use the county court system.

    Useful Link:

    https://www.citizensadvice.org.uk/consumer/template-letters/letters

    Top tips:

    • Include your name and address and theirs if you have it.
    • Date the letter
    • Include details of the original quote and scope of work, what they have done so far and what they have not done or what is not complete or to standard.
    • Give them details of what it has cost you to rectify the work and/or what it has cost you to complete the job.
    • Ask them to refund you the difference
    • Tell them that you will take them to court if this cannot be resolved.

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