Winter 2015 emergency call-outs With winter drawing in, temperatures dropping and inclement weather on the way, home-improvement businesses are likely to see an increase in emergency calls from consumers experiencing burst pipes, boiler breakdowns, damaged fencing, dislodged roof tiles and other issues. Although many consumers will want remedial work to start immediately in emergency situations, certain legal requirements still apply to contracts formed in these circumstances. Where a business advertises a ‘no call-out charge’, the consumer should not be subject to any charge unless remedial work is undertaken with their agreement. ‘No call-out charge’ claims should not be made if it is intended that an initial diagnostic fee will be charged. Any intended charge for diagnostic work should be communicated to the consumer before the work is carried out. The Committee of Advertising Practice (CAP) provides detailed guidance on the use of ‘no call-out charge’ claims in advertisements. Where contracts are agreed at a consumer’s home, the consumer must be provided with specific information relating to the contract, and is entitled to a 14-day coolingoff period, during which they can cancel the contract. If a consumer has asked for work to be carried out immediately – and the total cost is less than £170 – businesses do not have to give as much detailed information in relation to the contract. However, before the contract is made, businesses must supply the following information: l The name and address of the business l Details about the service to be provided, and an explanation of the circumstances when there is no right of cancellation, or when there are conditions attached to the right to cancel – this is particularly important when a consumer asks you to visit for urgent work. A brief guide to the law around contracts made in a customer’s home can be found on the Business Companion website. Where consumers have experienced boiler breakdowns and require emergency work to be carried out, this should only be done by fully qualified and Gas Safe-registered engineers. Details on the legal requirements for gas engineers and membership of the Gas Safe scheme can be found at Gas Safe Register. Further advice and guidance in relation to the issues discussed is also available to members of the many trade-body schemes, such as the Federation of Master Builders, the National Federation of Roofing Contractors and the Guild of Master Craftsmen. Many of these schemes also provide complaint resolution schemes for their members. Charging ahead Repair work often needs to be sorted out in a hurry, but that doesn’t mean consumers don’t have rights ‘No call-out charge’ claims should not be made if it is intended that an initial diagnostic fee will be charged Credit: Ian Bell eatcute / shutterstock l Read more pricing practices guidance online. DON’T FORGET ... YOU COULD WIN! Tell us what you think about TSBN, and you could stand a chance of winning a £50 Amazon voucher. Just click here and fill in our short survey, and if you leave your business details you’ll be entered into our draw. Good luck!