Problems with services

A business has to resolve issues where the service does not work as set out in your contract. They should do this:

• at no cost to you
• within a reasonable time
• without significant inconvenience to you

The actions a business will take will depend on the type of service you have. For example, you hire a plumber to fix a leak that and it isn’t fixed. They have to return and fix the leak as agreed. You should act quickly and tell a business when you find a problem.

You should act quickly and tell a business when you find a problem. Under the Statute of Limitations, you have 6 years to take your case against a business. Generally, the 6 years start from when:

• the business supplies a once off digital content/service to you
• you have a problem with a service that is supplied on a continuous basis

You can cancel your order and get a refund if the business did not supply the service or they did not supply the service on either the agreed or rearranged delivery date.

If the service issue is serious you can ask the business for a refund or price reduction. You can also do this if you have problems getting your issue resolved. For instance:

• the business did not or cannot supply what you ordered
• the business cannot resolve the issue within a reasonable time
• the business cannot resolve the issue without serious inconvenience to you
• the same/different issue happens again despite the business trying to address it

Refund

You must inform the business in writing that you are cancelling the service. You should:

• return any goods or items the business provided with the service to you, at their expense and without undue delay
• not use the service you are cancelling

The business must:

• give you a refund within 14 days
• use the same payment method you used to buy the service, unless you agree otherwise
• cancel any secondary service you ordered with the main service – for example, travel insurance you ordered when you purchased an airline flight

Price reduction

You should inform the business in writing that you want a price reduction. Both you and the business should agree what an appropriate reduction is. Consumer law says that the price reduction will be the difference between the price you agreed and the reduced value of the service due to the issue. It should cover the time that the service did not match your contract.

If you’ve paid up front, the business must refund you the difference in price due to the issue. They should:

• send you the refund within 14 days
• use the same method of payment you used to buy the service, unless you both agree otherwise
• not charge you any extra fees

Withhold payment

If you have not fully paid for the service, you can consider withholding payments that are due to the business until they resolve your issue. The amount you withhold must match the reduction in value of the service due to the issue. For example, if you have a creche service and they ask you to collect your child an hour earlier for a period of time. You can consider withholding some of the service charges until the hours return to what was agreed.

You should always explain your issue to the business first and ask that they respond to you. You must then tell the business in writing that you want to use your right to withhold payment. You should fully consider their reply before you withhold a payment.

Damages

If you have suffered financial loss because of a problem with a service, you may be able to claim damages. For example, if a plumber floods your house, you can ask that they pay for the carpet to be repaired/replaced if required. You should first contact the business and ask them to resolve the issue. If they refuse, you may want to consider taking legal action against them. Read more on how to complain.

Know your rights

When you have a problem with a service you should contact the business and explain what the issue is. Most problems can be sorted out quickly and simply with the business.

You should know your rights and if they cover your issue. You can do this by looking at the legal obligations of a business. The Consumer Rights Act 2022 requires that the business must provide a service:

• that works in the way they said
• matches what is outlined in your contract
• for a reasonable price, when it is not agreed in advance
• that matches any advertisement or information you have seen
• with reasonable care and have the skills to carry out the service
• using materials that are fit for purpose and match any descriptions given to you

If a business has not met their legal obligations to you they have to fix the issue. The Consumer Rights Act 2022 outlines the actions you can take to fix the problem. The key actions you can choose are:

• to cancel the service and receive a refund
• to keep the service at a lower price that reflects its reduced value due to the issue

When you exercise your consumer rights you should always do it in writing. You should also make sure you keep a record of all your dealings with a business.

Other actions you can take

If a business does not fix your issue as set out in the Consumer Rights Act 2022, you can take other actions. You should always send a final formal written complaint to the business and consider their response before you take your next steps.

In certain sectors, regulators or independent bodies may be able to help you to resolve your issue or provide you with more information. You may also want to consider taking a legal action against a business. Read more on how to complain.