How to complain against a faulty service
Reklamera felaktig tjänst - Engelska
If you have purchased a faulty service you should contact the company to make a complaint about it. You have at least 3 years to complain about faults.
Cooperation:This website is co-funded by the European Union.
Translated page: This text has been translated from Swedish. The text and appearance of the page may look different from the original page.
According to the Consumer Services Act, you can complain if
the result does not correspond to what you have agreed upon
you complain about the fault within 2 months of discovering the fault
the work is not carried out professionally, for example if the work is done sloppily or if there are deficiencies
How to file a complaint
1. Find out about you rights
What can you demand of the company in the event of a fault or defect?
The Consumer Services Act governs what you can demand.
Firstly: that the company fixes the fault
You can firstly demand that the company fixes the fault free of charge. You have the right to receive the results that you and the company agreed on. This being done free of charge means that the company must bear all of the costs associated with fixing the fault – such as materials, travel and labour.
Do you not want to let the company fix the fault?
Just being dissatisfied or having decreased trust in the company is usually not enough for you to deny them the attempt to correct the error. If it's evident that the company lacks the appropriate expertise to rectify the fault, you can instead argue to receive a price reduction or terminate the agreement.
Secondly: that you receive a price reduction
The price reduction should match the defect, such as what it costs to have the defect fixed by another company. Another option is that the fault doesn't need to be fixed, but you receive a price reduction because the result is flawed. This might be relevant, for example, if the result is functional but has cosmetic flaws that don't affect functionality.
Thirdly: that you can revoke the agreement
Revoking the agreement means that the work is discontinued, and that you are not obliged to pay for the service. The company then also has no obligation to complete the work. If the entire contract is revoked, the company is not entitled to payment. However, you may need to return materials if it does not cause significant inconvenience or cost to you.
If you benefit from parts of the work that has been done, the entire contract is not revoked. In that case, you must pay the contractor for the work you benefit from.
How much time do you have to file complaint about defects
How much time you have to file complaint depends on what kind of service you purchased.
3 years for storage services and work on movable property
For storage services and work on movable property, you have up to 3 years to file complaint on faults. Storage services refer, for example, to when you pay a company to store your things. Work on movable property can, among other things, be repair, maintenance and cleaning work. Examples of such work are:
car service or repair
car wash
dishwasher repair
furniture upholstery
10 years for work on land, buildings and other fixed property
For work on land, buildings and other fixed property, you have a right to file complaint for up to 10 years. Examples of such work are:
building renovations
painting
floor laying
drainage
re-roofing
drilling of water wells
fiber burial
File a complaint as soon as you discover the fault, within 2 months at the latest
You must file a complaint on the fault within a reasonable amount of time from when you discovered or should have discovered the fault. If you file complaint within 2 months, it always counts as being within a reasonable amount of time. If you wait too long to file a complaint, you may lose the possibility of demanding that the company correct the fault.
Compensation on the grounds of the fault
That the service is faulty should not result in any extra costs for you. It is the company that must bear any costs or financial losses that you incur due to the fault. Examples may be:
Loss of income, for example if you have to take time off of work to inspect the fault together with the company
Cost for an opinion from an inspector or other expert (if needed to be able to prove the fault)
You must be able to prove your costs
Remember that it is actual costs, not the trouble or the time you spend on the complaint, that you can demand compensation for. You need to be able to present documentation, such as receipts, invoices or other certificates, on what costs you have had and the costs must be reasonable and have a direct connection to the defect.
How long may it take to remedy the fault
The contractor must remedy the fault within a reasonable time. What is considered reasonable time varies from case to case. It depends, among other things, on the type of fault and your need to have it remedied. In some cases, the fault must be remedied quickly to avoid it worsening or causing other damages. Or the fault may significantly affect your daily life, for example if you cannot use the bathroom.
In other cases, it may be less urgent to remedy the fault. The season may also prevent the fault from being remedied immediately. For example it may be inappropriate to repaint the facade in the winter.
If you feel that it is taking too long for the company to fix the issue, you can continue reading "What if you and the company can't agree?"
If the company caused damage
According to the Consumer Services Act, you have the right to demand financial compensation from the company if they cause damage in connection with the service being performed. This can involve the object of the service being damaged, such as:
if the company you engage to change tires on the car scratches the paint.
if the company you engaged to repair your heat pump drops a tool that causes damage to the floor.
The compensation is intended to cover the damage. You cannot expect to receive compensation for anything that puts you in a better position than before the damage occurred. For example if you have a scratch on the floor, it is not reasonable for you to get the entire floor replaced at no cost.
Sometimes the company that caused the damage has the expertise to remedy it. In that case, you may need to accept that the company fixes the damage instead of providing you with financial compensation.
2. Document the fault
When you discover faults or defects, it is important that you document what is wrong. You need to be able to show the company what you think is wrong and the documentation becomes important if you and the company do not agree on the fault.
How to document the fault
You can document the fault by taking pictures or filming, for example. Remember that the quality needs to be good enough that the fault is clearly visible. Sometimes, you may need to take several pictures to be able to show the fault in a good way. Both close-ups and pictures that show what the fault looks like in relation to the surroundings may be needed.
When it's not possible to document the fault
Some faults may be difficult to capture with for example pictures. In such cases, you can describe the fault when you contact the company to complain.
Sometimes you may need to seek assistance from an expert to assess the work. For example if you have renovated the bathroom, it may work well to take a picture showing the tile work has been sloppily done. But if there are deficiencies in the moisture barrier or pipe installations, you may need to seek the help of a surveyor to assess the deficiencies.
3. Contact the company and file a complaint
After you have discovered a defect, it is important that you contact the company as soon as possible to give them the chance to investigate and fix the defect. It is somewhat common for the company to need to come out and look at the fault to be able to decide what needs to be done. It also might not be clear what caused the defect.
You do not need to know the cause of the fault when you contact the company. What is important is that you point out that you discovered a fault as soon as possible. However, you may be obliged to compensate the company for the inspection if it turns out that the fault was not caused by their work.
Contact the company in writing
It is always good to have written documentation that shows that you contacted the company to file complaint. If possible, it is therefore good to send a text message or email. Then, you can also attach documentation that shows the fault, such as pictures. If you call, it can be helpful to summarize what you discussed after the call and send it in an email to the company.
If the company don’t want to fix the fault
You can continue reading the step "What if you and the company can't agree?"
4. Your right to withhold payment
If the service is incorrect, you have the right by law to withhold part or all of the payment as security. This serves as a means of pressure on the company and a security for you.
You can withhold a significant portion of the payment
The part of the payment you withhold should correspond to the fault. This essentially means that you can withhold such a large amount that it covers the cost to bring in another company to fix the faults. Sometimes, it can help to contact other companies in the industry to get a price quote for what it would cost to fix the fault.
Notify the company that you are withholding payment
It is important that you notify the company in writing that you are withholding payment and why. You can send an email or a text message, for example. If you have received an invoice, you need to dispute it. This means that you declare that you will not pay the invoice and why. Be clear that it is because there are errors in the work and that you are withholding all or part of the payment.
Compensation for damages caused by the company
If the company has caused damage to something else in your home, you cannot withhold an equivalent amount from the invoice for the service the company has performed. If the company has completed the service without any errors, you are obligated to pay the invoice even if you have compensation claims for other damages they have caused.
You can present the compensation claims you have for the damages as separate claims to the company.
If there is still an issue
5. What if you and the company can't agree?
The company says that the fault is not due to their work
If the company disagrees with you about the fault being due to their work, there are some things you may need to do to move forward.
You need to be able to show that the fault is due to the company's work
In order for you to demand something from the company, you need to be able to prove that the fault is due to their work. If you cannot clearly show the fault yourself through pictures or similar evidence, you may sometimes need to seek help from an expert in the field to assess the work. Sometimes there may be several possible explanations for why a fault has occurred.
For example, if you have experienced water damage, there may be several reasonable explanations for why it has occurred, even if you believe it is due to the plumber's work. In some cases, more thorough investigations may be required to determine if there are faults, such as suspected deficiencies in moisture barriers or piping. In such cases, you may need to seek assistance from an inspector who can assess the shortcomings.
Make sure to obtain written documentation of all investigations and similar matters and keep them as evidence.
Contact the contractor again
If you have further evidence that the contractor has made a mistake, you should contact the contractor again. Remember to contact them in writing, such as via email or text message. Include a copy of the evidence.
If the contractor still denies or does not respond, you can have your case reviewed, for example, by the National Board for Consumer Disputes.
It takes too long to fix the faults
According to the law, the contractor must fix the fault within a reasonable time. What constitutes a reasonable time is assessed on a case-by-case basis. It depends, among other things, on the type of fault and your need to have it fixed. Sometimes, the fault must be fixed quickly to avoid it worsening or causing other damages. Or the fault may significantly affect your daily life, for example if you cannot use the bathroom.
In other cases, it may be less urgent to remedy the fault. The season may also prevent immediate fault rectification. For example it may be inappropriate to repaint the facade in winter.
The option to turn to another company
If the company does not fix the fault within a reasonable time, you may consider turning to another company to remedy the fault.
Contact the company in writing, for example, via email or text message, and explain that you need to turn to another company if the fault cannot be rectified soon. If you have withheld payment due to the fault, you can also inform them that you intend to use the amount you have withheld to cover the work.
If you have already paid for the entire job, you can instead notify them that you will demand compensation for the cost of hiring another company. Thus, you have the option to hire another company even if you have already paid for the work, but remember that you are always liable for payment to the new company. You can subsequently seek compensation from the initial company.
The company refuses to compensate for damages
To proceed with the matter, you need to ensure a few things.
You have documented the damages
You need to be able to prove the damages caused by the company. Make sure, for example, that you have clear pictures showing the damages.
You have made demands to the company
In addition to documenting the damages, you need to show that you have demanded compensation from the company. Therefore, keep in touch with the company in writing, for example, via email or text message. If the damages can be repaired, it may also be helpful if you can provide some form of documentation, such as a quote, showing the potential cost of the repairs.
Once you have both documented the damages and made demands to the company, you can proceed to the step “Have your case reviewed".
6. If you need guidance
Swedish companies
Do you need help clarifying your rights or want to discuss how to proceed with your case? In that case, you can contact the municipality's consumer guidance or the guidance provided by our national information service.
Municipality's Consumer Guidance
Many municipalities provide consumer guidance where you can seek free information and support. The assistance offered may vary from one municipality to another.
The Swedish Consumer Agency
If you need guidance, you can contact our national information service. We can provide information on your rights and what options you have to make progress. We provide independent guidance and therefore cannot assess your individual matter, resolve disputes or contact companies for you.
Companies within the EU, Norway, Iceland and the United Kingdom
If you are residing in Sweden and the company you have issues with is registered in another EU country, Norway, Iceland or the United Kingdom, you can receive free advice from ECC Sweden. ECC Sweden is part of a network of consumer offices within the EU. In some cases, ECC Sweden may share the case with a sister office in another country to attempt to reach a solution through mediation.
Contact ECC Sweden
To get assistance with your case, you need to ensure that you have filed a written complaint to the company. To ECC Sweden, you need to submit a description of the problem and documentation showing what has happened. Documentation is necessary if your case is to be shared with any sister office in another country. Remember to keep your originals and only send copies to ECC Sweden.
Send your case via email to: konsumenteuropa@konsumentverket.se
The email should include:
Your first and last name and the name of the company you purchased from
A description of the problem and how you want the company to resolve it
The date you placed the order and the date you received it
The price of the item/service and how you paid
Documentation as evidence of your case
Examples of documentation:
Agreement/terms of agreement
Screenshots of advertisements
Invoice/receipts for purchases
Complaint or right of withdrawal notice
Once you have submitted your case, you will usually receive a response within approximately one month.
ECC Sweden cannot
Force a company to act according to the law. The work is based on the company being willing to cooperate with the ECC network to reach a resolution.
Mediate in a case if we cannot identify the seller or if the seller refuses to cooperate with the ECC network.
Act as legal representation or assist when the consumer has already initiated legal proceedings.
Assist in purchases between businesses or purchases between individuals.
If you have any questions
ECC Sweden is part of the Swedish Consumer Agency. Do you need help clarifying your rights or want to discuss if and how you can proceed with your case? Then you can contact us at the information service.
Contact the information service
7. Have your case reviewed
Contact the National Board for Consumer Disputes
If you and the company cannot reach an agreement, you can make a complaint to the public authority the National Board for Consumer Disputes (ARN).
ARN will assess your case and make a recommendation on how to resolve the dispute. Most companies follow ARN’s recommendations.
A normal processing time is approximately six months.
What does it cost to file a complaint with ARN?
It costs 150 SEK to file a complaint with ARN. When you submit your complaint, you can request that the company compensates you for the cost if ARN makes a recommendation in your favor.
Requirements for ARN to consider your case
The company has either rejected your claims or has not responded within a reasonable time.
The amount you and the company are in dispute about is more then ARN's value limitations (different value thresholds apply for different fields). You cannot include the application fee to ARN.
You file the complaint within one year from the first time you complained to the company.
Submit a complaint on ARN's website
If you need help with your complaint
Sometimes, the municipal consumer advisors can assist you in making a complaint to ARN.
Settle the dispute in court
If you have gone through the steps in this process but still have a dispute with the company, you can take the dispute to court. In that case, you should contact the district court (tingsrätten). It costs money to file an application with the court.
For a dispute involving a claim of up to 28,650 Swedish kronor (half a price base amount in 2024), known as a simplified litigation or small claim, the application fee is 900 kronor. If the claim exceeds 28,650 kronor, or if the dispute does not concern a specific amount, the application fee is 2,800 kronor.
If you lose the dispute, you may be required to pay both your and the company's legal costs. However, in small claims, the costs you may have to pay are limited.
Source: KonsumentverketKonsument Europa
Proofread: 21 March 2024
This website is co-financed by the European Union. ECC Sweden is part of the Swedish Consumer Agency and is co-financed by the EU.
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