Consumer complaints heat up

With summer almost here many of us are starting to think about how we are going to keep cool or improve outdoor areas so that we can entertain al fresco. For some, the hot weather will be a driver to install some air conditioning while others may add decking or a pool to their garden.

Our Consumer Protection Advice Line is currently experiencing an increase in the number of calls regarding air conditioning, patios, garages, sheds and pools. Heading into the New Year those figures are expected to increase further.

In January of this year the number of calls regarding air conditioning jumped by 143 per cent compared to December 2008 – increasing from 63 enquiries to 153. Calls regarding pools increased by 54 per cent - rising from 37 enquiries to 57.

We currently advise both businesses and consumers to take some simple steps at the start of the contract to avoid problems later on. 

• For starters, quotes should be in writing rather than verbal, as this ensures costs are clear from the outset and therefore cannot be amended as the job progresses. The quote should be obligation free, contain the traders contact details and make clear the scope of work agreed, therefore drawing up a plan for construction or landscaping projects is highly recommended.
• Consumer Protection also recommends that a deposit to secure goods or services should not be large and no more than 10 -15 per cent of the total amount should be given, or indeed taken, prior to work starting.
• Ideally traders should not receive money for materials ahead of a job commencing. In some cases arrangements are made for progress payments to take place and this is perfectly legitimate. We would expect the payments be for major milestones only such as a deposit, council building approval stage, delivery of materials to site and the balance upon satisfactory completion.  
• Consumers should not pay for uncompleted work or materials yet to be supplied. This gives the opportunity to inspect progress to date and resolve any issues in relation to a job before they get too out of hand. From a traders point of view it means mistakes can be rectified early on, avoiding a dispute and potentially negative word-of-mouth communication about their work.
• Researching a company before agreeing to a contract can provide reassurance.  As well as requesting references it is advisable to undertake a general internet search and a search via Consumer Protection Business Names Online, where a register of business names be accessed for a $5 fee. 
• Some trades require a licence to operate in that industry e.g. plumbers, electricians and air conditioning mechanics. Customers should check that the worker is currently licensed.

Consumer Protection’s Advice Line often receives requests to disclose the names of ‘good’ or ‘bad’ traders, however we are unable to recommend or discourage the use of certain traders, as we can neither be seen to be biased nor divulge confidential information about our investigations.

The exception to this rule is when the Commissioner uses naming powers to warn the public about a specific trader, where the trader has undertaken unsatisfactory or dangerous goods/services, or otherwise engages in unfair practices. These warnings are rare and made only when it is in the public interest to do so, such as in cases of serious or repeated breaches of Consumer Protection law.  Details of these traders can be found at the Consumer Protection website by searching names against the media release archive.