What is expected of you Which? guidance for traders and consumers

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1 Trusted Traders Vehicle repairs and servicing August 2013 What is expected of you for traders and consumers A Which? Trusted trader has passed a rigorous assessment process to become a Which? Trusted trader. Using a Which? Trusted trader gives consumers peace of mind that they are choosing a reputable trader. This advice guide is for both our Which? Trusted traders and their customers. We ve packed this guide with information about legal rights and guidance on how these apply to traders and consumers in practice. Consumers can understand what can be expected from our Which? Trusted traders. While our Which? Trusted traders can understand what to expect from valuable and discerning consumers. Contents 1. The service expected from a Which?Trusted trader 2. How to avoid common problems 3. Advice on dealing with problems 4. What is legally expected of traders 5. Cancelling contracts and making complaints Trusted trader You can recognise a Which? Trusted trader by this icon, that only a Which? Trusted trader can use.

2 1. The service expected of a Which? Trusted trader Customers using a Which? Trusted trader will expect a certain level of service, because the trader will be wearing the Which? Trusted trader icon, and like a Which? Best Buy, the customer will expect the trader to be good at what they do. Here are a few points on how we expect a Trusted trader to deal with a customer. A Which? Trusted trader will: Act fairly, honestly and with integrity. Be courteous. Not use any high-pressure or aggressive sales tactics. Be transparent and use plain English during contract negotiations. Be clear about pricing ensuring quotes include all parts, labour, VAT etc. Deal with customer enquiries promptly and honestly. Communicate with the customer about the work undertaken and supply sample materials for approval where appropriate. Notify customers of any alterations to timeframes and prices as soon as possible. Not engage in unsolicited sales visits, commonly known as cold calling. In terms of doing the actual work we expect a Which? Trusted trader will: Carry out all services with reasonable care and skill. Supply goods and use materials that are safe, as described and fit for purpose and of satisfactory quality. Comply with all relevant standards of health and safety. Complete contracts on time, at the price agreed. And on completion of the job a Which? Trusted trader: Provides customers with information on who to contact for aftersales service. A Which? Trusted trader must adhere to our Code of Conduct

3 2. How to avoid common problems Everyone wants to avoid problems, so we have provided expert advice on how both the customer and the trader can work together to prevent problems arising. 1. Agree the works required and payment terms Before the work is started, the trader should give the customer a written quote of how much the job will cost including diagnosing any faults with a breakdown of parts and labour. Both parties should discuss how and when the trader will be paid, and be in agreement with the terms, in writing, before the work is started. For garages, quotes should include parts, labour and VAT. The trader should make it clear that if additional works are required they cannot go ahead with a repair without authorisation from the customer and any extra costs agreed. Communication is key between both parties. Customers should always alert and discuss with the trader if there are any foreseeable problems with the previously agreed payment terms. 2. Who can service and repair your vehicle? If the customer has a car that is still under the manufacturers warranty, the customer does not have to have the vehicle serviced or repaired by a franchised dealer for that brand. Under what is known as the block exemption, the customer can have the car serviced at an independent garage provided that the trader follows the manufacturers servicing schedule and uses original equipment parts. It is recommended a VAT registered garage is used to help ensure traceability of parts in the event of a warranty claim. Make sure service books are correctly completed to ensure the customers warranty isn t compromised. 3. Will the repair solve the problem? If the repair may not completely solve the problem, for example due to the vehicle s age, mileage etc, the trader should advise the customer as soon as possible. To avoid disputes the trader must make sure this is communicated in writing so both parties are in agreement before work commences. 4. Is there already damage on the vehicle? Before a car is booked into a garage a note should be made of any minor dents and scratches already on the vehicle so as to avoid any claims that damage was caused while in the custody of the garage. The customer and the trader should walk round the car together to check for damage and record any defects. 5. Speak to each other Should the customer be unhappy with any part of the service then any problems should be explained to the garage straight away, as they may be quickly resolved. If the problem isn t resolved customers should write a letter of complaint to the manager or owner of the garage. Explain what s wrong and what you want done to rectify it. The trader should always be given the opportunity to make amends. 6. Don t settle for a poor job Remember that the law (Supply of Goods and Services Act 1982) means consumers who enter a contract for goods and services can expect these to be supplied with reasonable care and skill. All materials and parts used must also be of satisfactory quality and fit for purpose. If the trader fails on either aspect you can argue that there has been a breach of contract. If a problem can t be resolved within the timeframe outlined in the Code of Conduct, then either party can contact Ombudsman Services through the Which? Trusted Traders telephone number. Ombudsman Services is a not for profit company that provides an independent, expert dispute resolution service to our Trusted traders and their customers.

4 3. Advice on dealing with problems Here are the some of the most common problems that customers and traders can have, along with some expert advice as to how best to deal with them. Common problems for customers Problem My garage is asking me to pay for work I didn t authorise My garage has misled me My car has been damaged 1. If your garage has overcharged you, you re only obliged to pay for the work that was agreed, so to avoid any problems always make sure that you have a written quotation. 2. If you didn t agree the price beforehand, the Supply of Goods and Services Act 1982 ensures that you only have to pay a reasonable price for the work. This can be demonstrated by getting quotations from other garages or from a motoring organisation. 3. If you are forced to pay in order to access your car, make it clear in writing that you are paying under protest so you have a clear record when it comes to seeking resolution. 1. If the garage has misled you, or you feel you were coerced into doing business, you have the right to take action and could argue that there has been misrepresentation and/or a breach of contract. 2.The Consumer Protection from Unfair Trading Regulations 2008 (CPR) means that the following actions are an offence: Making misleading statements about products and services, for example claiming only to fit genuine parts, when the product you receive is a non-branded addition to your car. If a garage is economical with the truth, hides key information when making a sale, or fails to provide information in a timely manner. 3. Report it to your local Trading Standards to help avoid this happening to other consumers in the future. 1. Under the law of bailment, the garage is responsible for any loss or damage that occurs to your car whilst in it s possession. Anyone you entrust with your property has a responsibility to take reasonable care of it. 2. Should your car be damaged, you can claim compensation for the loss or damage, and potentially reasonable expenses incurred as a result, such as the cost of alternative transport while your car was off the road. However before incurring such costs, give the garage a chance to cover them, or help with arrangements. Common problems for traders Problem The customer expected more from the repair than what was agreed 1. Explain to the customer that the job was agreed beforehand was not a complete solution and refer to the quote and job sheet agreed. Ombudsman Services is there to provide independent dispute resolution for our Which? Trusted traders and their customers if needed

5 4. What is legally expected of traders Here is a useful summary of the law and how it relates to traders What is legally expected of traders Expectation Respect the customer s statutory rights. The Supply of Goods and Services Act 1982 Respect the customer s statutory rights when selling goods. The Sale of Goods Act 1979 To supply safe and legal materials and goods To comply with data protection and privacy laws Have adequate insurance Respect fair trading law. The Consumer Protection from Unfair Trading Regulations 2008 Traders should: Complete work with reasonable care and skill. This doesn t mean perfection but the standard you could expect from a competent contractor. Complete work within a reasonable time, unless a specific time is agreed. Use parts and materials that are of satisfactory quality, as described and fit for their purpose. So new brake pads musn t just operate effectively, they must be of the correct standard and specification and suitable for the vehicle they are fitted to. Where no charge for the work has been agreed, only make a reasonable charge. If the trader does not deliver work to the above standard, then the customer will be within their rights to take the trader to court or use Ombudsman Services contactable through the Which? Trusted Traders telephone number. Traders should only sell goods that are of satisfactory quality, as described and fit for purpose and where this is not done the consumer may have the right to a refund, repair, replacements or part refund depending on the type of goods and the length of use had from the goods. Only supply materials and goods that are safe, that comply with relevant EU or UK regulations and that are genuine and do not infringe any registered trademarks. The trader will respect and abide by all relevant data protection and privacy laws. The law says most employers must have Employers Liability Compulsory Insurance. If this applies, the trader must display the certificate where their staff can easily read it. The trader must not use any aggressive, deceptive or coercive tactics to obtain work or money. This also includes exploitation, causing fear, or the application of any undue influence. The trader must use accurate descriptions of goods or services, allowing the customer to make an informed decision.

6 Continued... Expectation Have an employment and health and safety policy The trader must comply with all relevant employment legislation and codes of practice. Provide sufficient safety training for all employees and sub-contractors. Will not commit fraud They will not commit fraud by false representation, i.e. knowingly lie about work that is required to be done. Will not commit fraud by failing to disclose information that there is a legal duty to disclose, i.e. failing to tell the customer of the notice of their cancellation rights. Will comply with regulations about their business s name The trader will comply with Companies Act 2006 (Part 41), which relates to the business s name, its documents and its premises. The trader will comply with Companies (Trading Disclosures) Regulations 2008, regarding the business s registered name and office. The trader will comply with the E-Commerce Regulations 2002, which require a business to provide specific details when marketing online, by phone or other distance means.

7 5. Cancelling contracts and making a complaint Making a complaint Which? Trusted traders have signed up to our Code of Conduct, which means they agree to address any customer complaints. So, in the first instance, the customer and the trader should try to resolve any problems between themselves. If a problem can t be resolved within the timeframe outlined in the Code of Conduct, either party can contact Ombudsman Services via the Which? Trusted Traders telephone number. Ombudsman Services is a not for profit company that provides an independent, expert dispute resolution service to our Which? Trusted traders and their customers. Their job is to investigate complaints fairly and the service focuses on encouraging early agreed resolution wherever possible. Ombudsman Services is entirely independent, meaning that they assess the facts of each individual case. They do not take sides and make decisions based on the facts. Call: trustedtraders@which.co.uk Depending on the size and scale of the contract amount then you may wish to put the above advice into practice to a higher or lesser degree, for larger budget projects we recommend all of the above practices would be undertaken. This leaflet is a brief guide to the main requirements and it is not a full or authoritative interpretation of the law and it is intended for guidance. A full guide is available by download ffrom the Department for Business, Innovation & Skills at A Which? Trusted trader is required to deal with all complaints. They must acknowledge and offer a course of action to the customer within 28 days of all complaints and, if agreed by the customer, carry our remedial action within eight weeks