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How to build confidence in your home improvement project

Press release

Home improvement – DIY or get some help?

Home improvement has seen a huge rise throughout the pandemic. The increased amount of time people are spending at home, improving mental health and wanting their home to look nice for Christmas are all contributing factors to the 12.8 million people planning to do improvement work at home in the next few weeks.

In the run up to Christmas, 46% of Brits plan to undertake home improvements and 54% of them are planning to do the work themselves, with a whopping 61% admitting that they are not competent to do the job! That’s according to figures released today (16/11/20) from research undertaken by the financial services comparison company, GoCompare.

At the start of the second lockdown, Housing Minister, Robert Jenrick, confirmed that tradespeople would still be able enter customers’ homes to carry out work.  However, in yet another example of confusion around the COVID-19 restrictions, the research reveals that 13% of those wanting to work on their homes believed that they couldn’t have tradespeople in their home and 23% didn’t want them in their home at all.

With so many risks associated with undertaking works in the home, what else do you need to consider when using a tradesperson?

wooden joints

10 Top Tips for taking on tradespeople

1)  Get at least 3 firm quotes, not just rough estimates. Ignore any that are very different to other quotes.

2)  Ask friends and family for recommendations of companies who have already done work for them. If you don’t know anyone who can make a recommendation, ask traders for details of customers willing to show you their work. TrustMark can provide a list of recommended traders in your area, each of whom in turn is registered with a professional trade association. TrustMark say they are the Government Endorsed Quality Scheme and if something goes wrong with a trader – and their process doesn’t put it right – you will be able to use the Dispute Resolution Ombudsman for free. Check out reviews. Be careful and cynical of reviews on Facebook, particularly on the builder’s own page. Scams abound on many sites. So, check carefully before making a decision!

3)   All professional builders should willingly agree to a written contract which includes an agreed staged payment plan. In addition to the contract, continuous communication throughout the project is the best way to avoid problems arising. Many traders are signed up to reputable trade associations which help them to get their paperwork in order, but remember, what comes naturally to a lawyer doesn’t necessarily to a trader.

4)   Beware of websites that just offer to help you to find tradespeople. Often traders pay to be listed on these websites which generate leads for them, sometimes without the trader being vetted or required to abide by an Ombudsman or Alternative Dispute Resolution Service. If the website only helps you to spend your cash but doesn’t help you put things right if they go wrong, avoid it and look for one that will help you at both ends of the project.

5)   In addition to providing lots of advice and information on services, Which? operates the Which? Trusted Traders scheme. Unlike a lead generation site, this carries out checks and requires traders to abide by a comprehensive code of conduct, all of which is underpinned by the Dispute Resolution Ombudsman which can independently investigate complaints if things do go wrong.

6)   Be wary of any builder who can start straight away! Any builder worth their salt will be busy!

7)   Check to see if the builder has public liability or employer’s insurance which will give you peace of mind. Consider a building warranty that either they or you can take out to give you further peace of mind.

8)   Take photos before, during and after the work.

9)   For some larger projects, both parties can agree that an independent expert will value the work and payments can then be made at various stages during the project.

10) If you’re using a home improvement retailer to fit a bedroom, bathroom or kitchen, check that they are a member of the Furniture and Home Improvement Ombudsman before you buy. If they are registered, you’ll benefit from free and independent dispute resolution if things go wrong.

Top tips – what to do if things go wrong with tradespeople

Helen Dewdney, The Complaining Cow, a consumer champion, has these tips:

1)  Try to resolve the matter in person or over the ‘phone before formally writing if you have a complaint.

2)  Under the Consumer Rights Act 2015 you are entitled to goods of satisfactory quality, that last a reasonable length of time and services (such as fitting) to be carried out with reasonable skill and care.

3)  Give the trader an opportunity to remedy the work. If they refuse to do this or they fail to do it satisfactorily, then you can take the matter further. Ensure that you state that you retain your legal rights under the Consumer Rights Act 2015, so that you are still able to claim if necessary afterwards when you write to complain.

4)  If the trader does not respond or does not remedy the faulty work, proceed with getting an independent report and 3 quotes.   Get the work done and write to the trader requesting this amount, attaching the paperwork. You could attach a quote before the work is done to give the trader one last chance, if you wish.

5)  The Defective Premises Act 1972 relates to work undertaken by builders, developers, surveyors and architects. “Defective”, in legal terms, means work causing the property to be unfit for habitation as a result of design, workmanship or materials. Improvement, small jobs and refurbishments are not covered by this Act, so use the Consumer Rights Act 2015 instead.

6)  If the trader is a member of a trade association, you can contact it and see if you are able to use their dispute resolution scheme.

Kevin Grix, Chief Executive and Chief Ombudsman at the Dispute Resolution Ombudsman, says:

“Sometimes even the most straightforward home improvement projects go wrong – and when they do the consequences for everyone involved can be dire. The temporary loss of amenities such as plumbing and electricity caused by a problem are often just the tip of the iceberg. Often when jobs go badly, traders and their customers find themselves in a stand-off, with work left incomplete and arguments over payments escalating.”

There are few more emotive disputes than those that involve the home. Dewdney says that good builders and tradespeople are not just adept with their tools – they also have processes in place to look after their customers. “For extra peace of mind, select those who demonstrate a commitment to standards and putting things right if they go wrong. Look for the ones who are registered with an endorsement website and with an Ombudsman.”

What to include in a contract with the builder etc

A contract should include the following:

  • Total price inclusive/exclusive of VAT
  • Timescales
  • Start and end dates to include delays and disruptions
  • Payment stages
  • Specifications of materials to be used
  • Insurance and responsibilities for loss/damage
  • Liabilities
  • How unexpected work will be dealt with
  • Health and Safety
  • Termination/cancellation rights
  • Sub-contracting
  • Dispute resolution

For more information see How to ensure a stress-free building project which includes a case study and court action which set a precedent you need to know if you are considering legal action!

Cover of How to Complain updated 2019 large cow logo

 

For more help, advice, tips, information and templates buy  How to Complain: The Essential Consumer Guide to Getting Refunds, Redress and Results!

 

 

 

 

man in hard hat

There are some problems in the ADR/Ombudsman sector

There are many issues regarding ADR and Ombudsmen providers. These are mainly to do with the oversight by their approval bodies and are highlighted in my articles Government and regulators continue to fail on resolving consumer disputes and Landing in Court with Ryanair. These articles include links to the reports Ombudsman Omnishambles and More Ombudsman Omnishambles.

This is why we recommend an Ombudsman. (See More Ombudsman Omnishambles for details on how Ombudsman standards are higher than other ADR providers).

Alternative Dispute Resolution – approval and oversight in the loosest sense of the words…
Categories
ADR Ombudsman Latest News

CAA launches consultation and tells no-one…

Press release

Airline regulator goes hush-hush – Does it want opinions or not?

The Civil Aviation Authority (CAA), the UK’s airline regulator, recently launched a consultation. But decided not to tell anyone about it…

On 17 July 2020 The Civil Aviation Authority (CAA) launched a consultation on Alternative Dispute Resolution (ADR) which closed on 25 September 2020. The ADR process is meant to ensure that passengers have a place to go to arbitrate in cases where the airline and consumer are in dispute.

Yet, despite launching the consultation, it seems that the CAA decided not to publicise it nor to seek input from the most important stakeholders, airline passengers!

The CAA says that they would only consult with CEDR and AviationADR, the two existing providers of ADR for UK airlines.

“We would not typically consult airlines or airports as they are not the regulated entities in this situation”, says the CAA website “However, given the interest expressed by a number of airlines in the proposed changes, in this case we have decided to extend the consultation to include airlines and airports.”

It is clear from this statement that they don’t see it, nor did they market it as a public consultation. There is no reference to the consultation in their social media feed at all and no press release was sent out.

Aeroplane in sky with clouds

Airlines have their say… or not?

British Airways, a member of the CEDR scheme, did not want to make a statement regarding the consultation or Which?’s call for a single Ombudsman instead of AviationADR and CEDR.

A spokesperson for Ryanair, which was previously a member of AviationADR and is no longer a member of any scheme, said

“These claims are completely baseless and this is nothing more than yet another cheap publicity stunt by Which? There are no Aviation ADR claims outstanding and Ryanair meets all of its obligations relating to EU261.  In the small number of cases where claims are rejected we refer passengers to the CAA’s Passenger Advice Complaints Team (PACT) or the European Commission’s Online Dispute Resolution (ECODR) service”

Passenger refund shame

There has been widespread condemnation of airlines not providing refunds for flight cancellations during the pandemic and equal criticism of the CAA for not doing enough to hold airlines to account. A new chairman, Stephen Hillier, started on 1 August 2020 and appears so far to have done nothing to improve the situation.

Whom did the CAA consult?

The question as to whether consumer champions, individuals and organisations were consulted remains unanswered but it is known that bizarrely the Ombudsman Association (OA)  was not notified. Despite being the professional organisation for ombudsman schemes and complaint handlers, their staff and others interested in the work of independent complaint resolution were not notified. One would expect that such an organisation would have been consulted about best practices in complaint handling by ADR providers.

The OA was identified as having higher approval criteria standards than the Chartered Trading Standards Institute (CTSI) and the Civil Aviation

Authority (CAA) both of which approve ADR providers. This was outlined in the Ombudsman Omnishambles report in 2016 and in More Ombudsman Omnishambles, published 20 months later, which revealed serious unresolved issues affecting the operation of the ADR sector in the UK. The CAA was amongst those highlighted as failing the customer in this report.

Helen Dewdney, The Complaining Cow, consumer champion and co-author with Marcus Williamson of the investigation reports, is not surprised by the latest revelation. “The CAA’s approach to consultation is flawed and blinkered. It’s almost as if they don’t want to hear the changes and recommendations from the people who are best qualified to suggest improvements, the passengers themselves!”

Currently there are two ADR providers in the UK, CEDR[1] and AviationADR[2]. Membership of an ADR body is still not a legal requirement for UK-based airlines.

Currently there are two ADR providers in the UK, CEDR[1] and AviationADR[2]. Membership of an ADR body is still not a legal requirement for UK-based airlines.

The OA joins Which? and other consumer champions in the call for a single robust dispute resolution service in the airline sector. Which? believes that the ADR provider should be an ombudsman.

Donal Galligan, CEO of the OA, said:

“There are numerous examples from various sectors that what works best for both consumers and driving improvements in an industry is a single mandatory ombudsman. The evidence that Which? have collated clearly shows that the CAA’s experiment with non-mandatory, multiple providers, some of which charge a fee to access that service, has not delivered for either consumers or the aviation industry. It is time that the UK Government mirrored their own approach in rail, energy, and new homes, and drive the establishment of a single mandatory aviation ombudsman.”

When things do go wrong with travel it can be highly disruptive for passengers, regardless of the mode of transport.

The Rail Ombudsman, which was also another stakeholder not informed about the consultation, is the only approved Ombudsman operating in the travel sector. It was established in 2018 and has operated to the satisfaction of passengers, industry and other stakeholders since. Their remit is underpinned by the regulator which means that passengers can rely on its decisions if things go wrong.

Kevin Grix, Chief Ombudsman at The Rail Ombudsman, said “As an Ombudsman we have a wealth of knowledge and understanding and we would be pleased to share our views and recommendations with colleagues at the CAA to help cure any defects with the system”.

The CAA were asked to comment but failed to respond by the deadline given.

The Department for Transport were asked to comment but refused, passing the request onto the CAA.

Which? has said that

“The government must ensure that passengers’ needs are front and centre in its aviation recovery plan, starting with the introduction of a mandatory, single ombudsman scheme for airlines, as a first step to restoring trust in the sector.”

Dewdney agrees, saying that “The new CAA Chairman should be taking a much stronger lead and ensure that the mess that is the current ADR provision is fit for purpose. Problems and failings with ADR providers and the monitoring and regulation have been highlighted for more than three years, so overhaul is long overdue.”

CAA acknowledge error in consultation

Update 08 October 2020. Later today when the article was published the CAA sent this statement ” We were recently made aware that, due to an IT error, a small number of interested parties had not received an email alert about this consultation going live and therefore had not responded when the consultation closed. Given the importance of this matter, the Civil Aviation Authority will be reopening the consultation for a six week period from Friday 9 October 2020 in order to allow for further responses to be considered as we continue to improve the ADR service for consumers.” This statement was in response to my sending a link to this article and not to the request made a week previous.” I do not call every Ombudsman in the country, consumer champions and the general public a “small number”!

Update 09 October 2020. The consultation is on the website with the deadline extended but they still haven’t informed stakeholders. No press release, no emails, nothing on social media. Weird right?

Notes 

[1] CEDR is the Centre for Effective Dispute Resolution which provides conflict management, ADR, mediation and training. It is a not for profit charity.

[2] AviationADR is part of Consumer Dispute Resolution Limited, owned by Dean Dunham, who was identified as a provider of concern in the Ombudsman Omnishambles and the More Ombudsman Omnishambles investigation reports.

Thursday 8 October 2020 is International Ombudsman Day, which aims to improve the awareness and educate the public about the history and practices of ombudsmen.