Late delivery of a service
Sen leverans av tjänst - Engelska
Was the service you purchased not completed within the promised time? Find out what you can demand from the company.
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.
When is a service considered delayed?
According to the Consumer Services Act, a service is counted as delayed if any of the following situations arise:
If the service is not done within the time promised or that you have agreed on.
If there is no promised time for when the service shall be done, but the service is not done within a reasonable amount of time considering the service’s scope and nature.
How to complain about the delay
1. Learn more about your rights
This information applies for services covered by the Consumer Services Act.
The company shall complete the service
You have a right to demand the company to keep its part of the agreement and complete the assignment.
In order for you to be entitled to cancel the agreement , the delay must be of major importance to you – or of substantial importance as the law states. This may, for example, involve the delay having a major impact on your daily life. It is you who needs to show or argue for why the delay is of substantial importance to you.
Sometimes only part of the agreement is revoked
In some situations, only a part of the agreement is canceled, such as if you can benefit from the work that has already been done. Then, you need to pay the amount that corresponds to that part of the deal.
When the company doesn't have to complete
There are exceptions when you cannot demand the company to complete the service. For example, if obstacles beyond the company's control make it impossible for them to perform the service.
Compensation due to the delay
It is the company that must cover expenses you incur due to the work being delayed. Examples of expenses may be:
Loss of income if you have to stay home from work to receive visitors from the company.
Compensation to other companies that are forced to wait with their part of the work because the service in question is delayed (this can for example become relevant for major projects when several companies are involved).
By law, 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 or invoices, on what costs you have had, and the costs must be reasonable and have a direct connection to the defect.
Penalty for delay
A penalty for delay means that the company must pay a certain amount in compensation if the work is delayed. A penalty for delay is not something you have the right to demand by law. In order for you to be able to demand a penalty for delay, you and the company must have agreed to it, for example, in your written contract.
Right to withhold payment
If the company has not begun or completed the service within the right time, you have the right 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.
The part of the payment you withhold should correspond to the work that is left to do. This essentially means that you can withhold such a large amount that it covers the cost to bring in another company that can complete the work.
Right to cancellation
In addition to revocation, cancellation is another way to withdraw from the agreement. As long as the service is not completed, cancellation is a right you have under the Consumer Services Act. This may be an alternative if the delay were not to be of substantial importance, but you nonetheless want to withdraw from the agreement.
It is important to be aware that upon a cancellation you are obliged to pay for the work that is already done and for work that must be done despite the cancellation. The company may also have a right of compensation for unrealised profit, meaning for them being unable to book other jobs. However, it is up to the company to prove that they performed work before you cancelled.
Even in case the company sets a cancellation cost in advance, they must be able to prove that work was done and that the cost is reasonable.
2. Write to the company and state your demands
Contact the company in writing, such as by email or text message. Then you can show what you have demanded from the company and when.
Demand the company to complete the job
Write the date by which the job should have been finished (if you had a promised delivery date) and explain why it is important that it is completed as soon as possible. You can also request a final date for when the work will be finished on.
If you choose to call, you can summarize what you've discussed over the phone and then send it in an email to the company after the call. Then you'll have documentation showing what you've agreed upon. You can also record the call. It's allowed as long as you participate in the call.
If you want to demand a cancelation the agreement
Notify the company if you want to cancel the agreement and why. You can only demand it if the delay is of significant importance to you.
If you want to demand compensation
Specify the costs you want the company to compensate you and why. You need to be able to prove the costs with documentation.
Always notify if you withhold your payment
Inform the company that you are withholding your payment, how much and why. If you have received an invoice, you need to dispute it. This means explaining that you will not pay and why. Tell them the promised service has not been completed within the correct timeframe and that is why you are withholding the payment.
If you have already paid
If the entire or parts of the agreement is canceled, you are entitled to demand a refund of what you have paid.
If there is still an issue
3. If the company rejects your demand
If the company fails to complete the work despite your demands, you can announce that you instead wish to terminate the agreement. If you cannot reach an agreement, you can dispute the invoice or proceed to seek a resolution.
If the company does not believe you have the right to revoke, you can turn to the National Board for Consumer Disputes (ARN) or court for an assessment.
If you cancel the service and believe that the company is demanding too much payment, you have the option to dispute the claim or pay under protest. To have your case reviewed, you can turn to ARN (The National Board for Consumer Disputes) or court.
If you receive an invoice that you consider wholly or partially incorrect, it is important that you formally protest it in writing. You can also choose to pay under protest. To have your case reviewed, you can turn to ARN or court.
If you want to dispute an invoice or pay under protest
Disputing an invoice means informing the company you object to the invoice and therefore will not pay. Explain why you believe the invoice is incorrect.
Paying under protest means you pay, but at the same time, you inform the company that you disagree with them. This can be a wise option if you are uncertain about disputing the claim. However, you will need to pursue the matter yourself to get your money back. For example, you can take it to ARN.
4. 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
5. Have your case reviewed
Contact the National Board for Consumer Disputes
If you and the company cannot reach an agreement, you can file 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 SEK 150 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: 28 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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