Services and contracts FAQs
Q1. I paid for a service but it was not carried out in accordance with the original description given. What steps can I take to get redress?
Under the Sale of Goods and Supply of Services Act 1980, you have the right to expect that a person providing a service:
- Has the skill to provide the service and to carry it out properly
- Will provide the service with due care and diligence
- Will use materials that are sound and fit for their purpose
- Supplies goods or services of merchantable (acceptable) quality
If the services do not meet these criteria, you may be entitled to full or partial redress. The form or amount of redress will depend on the circumstances of each individual case.
Firstly, we suggest you make a complaint to the service provider. Read our complaint guide, which contains important information on the steps needed to make an effective complaint.
If you are not happy with their offer and your claim is €2,000 or less, you may be able to pursue this issue in the Small Claims Court.
You will first need to contact the Small Claims Registrar directly to see if the Registrar will accept your case. Read more about the Small Claims process.
Q2. I cancelled my contract with my phone provider but money is still being debited from my bank account. How can I resolve the matter?
Read the terms and conditions of your contract carefully. Most contracts require you to give notice of cancellation (for example, one month in advance).
If money is still being taken from your account after you have satisfied the cancellation procedure, instruct the phone provider to stop. You may also wish to contact your bank and ask them to cancel your direct debit.
Q3. I'm currently in dispute with a company over the payment of a bill. What can I do?
Billing disputes need to be resolved directly with the company. Under data protection legislation, a third party will not be given personal information such as customers account details.
If a dispute arises over a bill, which you cannot resolve with the billing company directly, you may need to seek legal advice. If an Ombudsman or a Regulator covers the area of your billing dispute, you may also wish to contact them for guidance.
Q4. Last week the pipes burst in my kitchen and water came through the ceiling. This was due to work done by a plumber. Am I entitled to compensation?
The issue of compensation is purely a matter between the parties and is governed by principles of contract law rather than consumer law.
The general principle is that a consumer is entitled to compensation for consequential loss once it is a reasonably foreseeable consequence of a breach of contract. Each individual case will be decided on the particular facts involved.
The NCA has no statutory role in disputes of this kind. Ultimately, only a judge can decide what is reasonably foreseeable and we suggest you seek legal advice on the matter.
Q5. I recently experienced very poor customer service and rude behaviour from a sales assistant. What can I do?
Impolite and rude customer service behaviour is not addressed by consumer law. If you feel your experience as a consumer has been affected by such behaviour, we suggest you write a formal letter of complaint to the company concerned.
In the letter, you should bring the give details of the poor customer service you experienced and express your disappointment at the way in which you were treated.
Q6. I have complaint about my property management agent - can the NCA deal with it?
The NCA is unable to process individual complaints relating to multi-unit developments. If you require guidance about a specific issue, you may wish to consult your solicitor, who can provide tailored advice.
New legislation is expected later in 2008 to regulate property service providers, under the auspices of the National Property Services Regulatory Authority. In the absence of legislation, the NCA is committed to addressing aspects of the multi-unit development sector that pose difficulties for consumers.
The NCA recently organised a forum on multi-unit developments, to agree voluntary reforms that developers, management companies and managing agents can implement without recourse to legislation. Read the outputs of the forum.
We have also published a consumer guide to answer general queries you may have about buying or living in multi-unit development properties. It addresses issues such as consumer rights, understanding service charges and the role of property management agents. This guide is available in the downloads section of our website ConsumerProperty.ie.
More detailed information in relation to your rights as a management company member is also available from the Office of the Director of Corporate Enforcement.
Q7. I ordered a suite of furniture five months ago but it hasn't been delivered even though they told me it would arrive withinthree months. What can I do about the late delivery?
This could be regarded as a breach of the Consumer Protection Act if the trader has failed to meet the delivery time deadline agreed on when you paid your deposit.
If the delivery deadline has been exceeded without any adequate explanation, you should bring the matter to the attention of the National Consumer Agency.
Possible options are:
- Negotiate a new time for delivery. Inform the seller in writing that you reserve the right to seek a replacement or refund if the goods are not delivered within that timeframe.
- Cancel your contract and seek a refund of your deposit, as the seller has not fulfilled their side of the contract.
The NCA has produced guidelines to effective complaint making.
Related links
Find out more about contracts and services
Read more about buying phone and broadband services
Want to make a complaint? Find out how to complain effectively
Confused about your contract? Read the NCA jargon buster
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