Poor Service Disputes

Poor Service Dispute Solicitors — Reasonable Care and Skill Under the Consumer Rights Act 2015

When you pay for a service, the Consumer Rights Act 2015 requires the trader to carry it out with reasonable care and skill, within a reasonable time, and at a reasonable price (if the price was not agreed in advance). Where the service falls short of this statutory standard, you have the right to require the trader to repeat the service at their cost, or — if repeat performance is impossible or not carried out promptly — to receive a price reduction or full refund. Businesses routinely resist these rights. A specialist consumer solicitor enforces your entitlement.

Consumer Rights Act 2015 s.49 Reasonable care and skill Right to repeat performance Price reduction remedy
⚠️ Document everything before further work is done. If a service has been poorly performed, photograph the result immediately, keep all correspondence, and retain invoices and receipts. Do not allow the trader back to do further work until the dispute is resolved — additional work can obscure evidence of the original defect or create new complications that are difficult to attribute.

Your Rights — Section 49 Consumer Rights Act 2015

Every consumer services contract includes the following statutory implied terms, which cannot be excluded by the trader:

  • Reasonable care and skill (s.49) — the trader must perform the service with the level of care and skill of a reasonably competent person in that trade. This is an objective standard — not what the trader claims to be capable of, but what a competent professional in that field would achieve.
  • Reasonable time (s.52) — where no time for performance was agreed, the trader must complete the service within a reasonable time. What is reasonable depends on the nature of the service.
  • Reasonable price (s.51) — where the price was not fixed in advance, the consumer need pay only a reasonable price. A trader cannot charge an unreasonable amount after completing the service.
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First remedy: repeat performance — the trader must redo the service to the required standard, within a reasonable time, without significant inconvenience, and at no additional cost. This is the primary remedy and the trader has the right to attempt it first (unless it is impossible, or the consumer cannot reasonably be required to accept it).
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Second remedy: price reduction — where repeat performance is impossible, not carried out within a reasonable time, or causes significant inconvenience, the consumer is entitled to a price reduction of up to a full refund. The amount is proportionate to the shortfall in the service.

Common Poor Service Disputes

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Building, renovation, and tradespeople — sub-standard plastering, tiling, painting, electrical work, or plumbing; incomplete work abandoned mid-job; failure to comply with building regulations. These are the most common category of poor service disputes, often involving significant sums and the need for expert assessment of remedial costs.
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Garden landscaping and maintenance — poorly constructed driveways, patios, or garden walls; incorrect installation of fencing or decking; drainage failures. Independent expert assessment confirms the standard of workmanship against industry guidance.
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Professional and personal services — hair and beauty treatments causing damage; cosmetic procedures with unsatisfactory results; cleaning services that damage property. The reasonable care and skill standard applies regardless of the service type.
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Removal, storage, and delivery — damage to possessions during removals; goods lost or damaged in storage; delivery services that fail to deliver or deliver damaged goods. Claims under the consumer contract and, where applicable, the CMR Convention for international carriage.
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IT, web, and digital services — websites that do not function as specified, software development delivered below the agreed standard, and IT support or repair work that fails to resolve the stated problem or causes additional damage to hardware or data.
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Education and tuition — private tuition, courses, or training programmes that do not deliver the advertised outcomes, are abandoned mid-course, or are delivered to a standard far below what was reasonably expected. Refund and partial refund claims under the Consumer Rights Act 2015.

Frequently Asked Questions

The builder says the work is to an acceptable standard — what can I do?

The standard is objective: what would a reasonably competent builder achieve? An independent expert report from a suitably qualified professional in the relevant trade — a surveyor, structural engineer, or master builder — provides an objective assessment of whether the work meets the required standard. The trader's assertion that the work is acceptable has no special weight: it is the independent expert's assessment that the court will rely on. A solicitor instructs the appropriate expert and uses their report to establish the shortfall and the cost of remedial works.

The trader says the problems were caused by pre-existing conditions I didn't disclose — is that a defence?

Possibly — where a trader can show that poor results were caused by conditions they could not reasonably have been expected to detect or that the consumer failed to disclose despite knowing of them, the trader's liability may be reduced. However, a competent trader is expected to inspect the work site before starting and draw attention to any conditions that might affect the outcome — failure to do so before starting the work is itself below the standard of reasonable care and skill. The trader cannot usually rely on pre-existing conditions they could have detected on reasonable inspection but failed to identify.

The service was performed by a sole trader who has no assets — is there any point in claiming?

It depends — a county court judgment can be enforced through a charging order on property the trader owns, an attachment of earnings order if they are an employee, or a third-party debt order against their bank account. Even where a trader has no immediately realisable assets, a judgment creates a debt that can be enforced when circumstances change. Additionally, if the service was paid for by credit card, a section 75 claim against the credit card provider may be available regardless of the trader's financial position. A solicitor advises on the practical prospects of enforcement at the outset.

The trader has a clause in the contract limiting their liability — does that override my rights?

Not for the statutory rights under the Consumer Rights Act 2015. Under Part 2 of the CRA 2015, a term that restricts a trader's liability for breach of the statutory implied terms (including the duty to perform with reasonable care and skill) is subject to the fairness test — and a blanket exclusion of liability for negligence or poor performance in a consumer contract is almost invariably unfair and therefore unenforceable. The trader cannot contract out of the s.49 duty or the remedies of repeat performance and price reduction.

Is there a time limit on poor service claims?

Yes — 6 years from the date the service was performed (or the date of the relevant breach of contract) under section 5 of the Limitation Act 1980 for claims in contract. Where the poor service caused damage to property (for example, defective plumbing that subsequently caused flooding), there may also be a tortious claim in negligence with a 6-year period from the date of damage, or 3 years from the date of knowledge under s.14A. A solicitor identifies the applicable limitation period for your specific claim.

How It Works

One clear request. A consumer solicitor enforces your service rights.

No upfront cost. A consumer rights solicitor obtains independent expert evidence of the shortfall, writes a formal letter of claim, and pursues the trader for the cost of remedial works or a full price reduction.

Submit Your Request
1

Tell us about the service

Describe the service, the standard of work, the cost paid, and the trader's response to your complaint.

2

Matched to a specialist

We connect you with a specialist consumer rights solicitor experienced in poor service disputes.

3

Expert evidence & claim pursued

Your solicitor commissions an independent expert, prepares a formal claim, and recovers the cost of remedial works or a price reduction.

Statutory Service Rights

Poor workmanship is not something you have to accept. The Consumer Rights Act 2015 says so.

Section 49 of the Consumer Rights Act 2015 requires every trader to perform services with reasonable care and skill. A specialist consumer solicitor enforces that obligation — with independent expert evidence and a formal letter of claim that traders cannot ignore.

Submit Your Request

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