Cheque cashed against my orders-what are my rights?

I paid for a service by cheque and when the service man left I noticed there was a problem with the service so I phoned their office within half an hour and told them not to cash my cheque until the problem was solved and was told by the manager and by one of their reps tha tthe cheque would not be cashed. On checking my bank account 3 days later the cheque had being cashed. Its now 3 months later and this has not being sorted. I am sorry now that I didnt canceled the cheque but it is something I dont like doing but after this experience I think that is what I would do shoul the occasion happen again. i have being in touch with the odec but they werent much help - they say its a civil matter and I would nbeed to go to the small claims court. Could someone out there tell me if an offence was committed by this company ?

Take the contractor/company to the Small Claims Court. I don't think they have committed an offence by cashing the cheque-but if you are unhappy with the service provided you still have rights under the Sale of Goods and Supply of Services Act.

I think its a bit unfair where the customer has to go to the small claims court. I dont want to go this route. My point about this if I hadn't paid the supplier until they put the problem right - they would have it sorted long ago. i couldnt get an answer from odec on this other then to say it was a civil case.

I don't know who you refer to when you ay 'ODEC'-I presume you are referring to the [broken link removed]? If they are telling you that the Small Claims Court is the only route open to you, then it looks like that's the only thing to do.

It's straightforward and relatively inexpensive. More info [broken link removed].

You asked what your rights are in this situation-they are outlined in the Act I mentioned above.

Unfair-maybe, but that's not the issue.

If your point is that you shouldn't have paid before it was put right-of course, but what good is hindsight?

Yes, I do mean the ODCA (typing error) My point re the ODCA is they gave me no other advise only to go to the small claims court - I thought there were there to give advise on consumers affairs not just to tell you to go to the small claims court. Hindsight is a great thing - certainly buyer be ware and I was dealing with a very well known company not a fly by night.

The ODCA advise on your rights-and that is what they have done in this case.

They have no powers in relation to substandard services (unless there is a safety issue). Their remit is outlined [broken link removed].

Quoting from the link:

The role of the Office is to give information and guidance to consumers on their statutory rights. The Office does not intervene or become involved in individual issues or disputes between consumers and sellers of goods or service providers.

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That may be a weakness in consumer legislation, but that's really outside the scope of this thread.

Under the Sale of Goods and Supply of Services Act, 1980 the goods/service supplied must be fit for the purpose intended and be as described. If you were quoted €x to do Y and having paid €x and the co. failed to deliver Y, you are entitled to a repair, replacement or refund. What I'm not sure about is who decided whether you get a repair, replacement or refund. The cost of going to small claims court is nominal - AFAIK about €12. If you really don't want to go down this route call the co. again and explain that you are very disappointed with their unprofessional behaviour and insist that if the problem isn't resolved within 1 week you will contact your local radio station - they'd be delighted to name and shame!

I owuld write a letter also so you have a record.

...insist that if the problem isn't resolved within 1 week you will contact your local radio station - they'd be delighted to name and shame!

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Really? I doubt it. Have you not heard of libel?

A case for libel would be taken if what is said is interpreted as defamatory. AFAIK if one is stating the facts of the case and the other party is given an opportunity to respond to the accusation and defend their side, there is no such case. In this instance the customer would simply explain that they had paid the co. €x to do Y and they had not delivered despite being made aware of the fact. I don't see any case for libel. My local radio station does this on a regular basis.