Topps Tiles Disaster

[murbay]

Please, I wonder if someone could help me as I have looked through the forums for information but can't find what I'm looking for.

 

I'm writing on behalf of my mother who is deeply upset. She recently purchased some mosaic tiles from Topps Tiles and arranged with them for someone to come out and fit them in her bathroom.

 

Topps sent someone out this morning and when he had finished the bathroom floor was a disaster, so much that my 3 year old daughter could have done a better job. Some tiles were uneven, some didn't stick to the floor, some move around and some were cracked. All the payments were made upfront so my mother couldn't stop the payment for the work.

 

Instead she took photographs of the work and promptly went down to Topps to make a complaint. Topps told her that they had infact contracted out the work so couldn't help her in any way. They agreed that the work was a disgrace but again reiterated there was nothing they could do since the workman wasn't covered by them.

 

We are now at a loss as to who is responsible for sorting the mess out. Is it actually down to the contractor or is it down to Topps for sending this person out? Who do we need to contact to move this further and are there any laws to protect my mother for the mess they have left?

 

At no point did Topps say they were contracting out, as far as my mother knew when she arranged this with them it would be one of their workmen coming out. Having checked on their site they do mention that work sometimes gets contracted out but all their contractors work to Topps standards of excellence.

 

All my mum wants is the job doing properly. She isn't after compensation, she doesn't want her money back all she wants is for someone to accept responsibility and sort the mess out properly but we are at a loss in where to start.

 

Any help on this matter would be greatly appreciated.

 

Regards

 

Murbay

[Bookworm]

Well, she must have signed a contract of some sorts somewhere, mustn't she? Just check who signed it and what it says... and I'm pretty sure it will say Topps Tiles...

 

Well, look at this, waddya know?

Topps Tiles Plc | Britain's biggest tile and wood flooring specialist

 

"All fitting work is covered by a 12 month installation guarantee"

"All fitters are covered by insurance"

"Professional finish by an experienced tradesman"

"We only recommend experienced and professional fitters, so can rest assured you are getting a 1st class service"

 

I suggest you escalate to their customer services, complete with photos and the quotes form their own website, and insist that the job be re-done fully, completely, with appropriate compensation (yes, I know your mum doens't want that, but believe me, that's the only way to force these people to learn ) within 14 days or she'll have to get someone to do the job correctly and then pursue them for the cost of that.

[murbay]

Thank you for the advice, I rang her to pass it on and discovered further details.

 

Topps Tiles have been reasonably helpful in as far as chasing the contractor that came out but stop short of getting someone to do the job properly. They have said they can do that but it would cost extra. The store manager is in full agreement that the work is unacceptable and the shop side of it have been excellent in trying to help as much as they can.

 

Where the issue falls is with the area manager who is the person who is refusing to accept any responsibility. Apparently the fitter used his own adhesive and not the one my mum bought especially from Topps, this is how he is trying to get around the guarantee because it wasn't their adhesive that was used.

 

He has offered to send someone out to sort out the mess but will charge for this and said to take the contractor through the small claims court to recover the costs. He also suggested contacting the police because the fitter used the wrong adhesive then took away the other and this amounts to fraud. Granted he may have a point but as both my mum and I agreed the police aren't that bothered because someone used a different glue.

 

My mum went down the customer service route within an hour of the fitter leaving. She actually went one better and went down in person complete with photographs (you have to love digital cameras) Like I said though, the shop and local manager were in full agreement that this was wrong. (The local manager has even offered to put in a supporting statement if it does go to small claims court) and he escalated it to head office but the problems are at area manager level.

 

I would have to agree that under the sales of goods act they haven't done anything wrong. The tiles were in perfect condition when bought, the shop was professional in selecting the right adhesive and grout so if done properly there would have been no issue with the goods sold. I even go as far as saying that the shop were not to know that the fitter would do what he did so its not like it was intentional. They have even taken him off their books immediately and tried several times to contact him.

 

The annoying thing is not knowing where the responsibility lies and the area manager who clearly wants to keep right out of it. I can see their point but I feel they have to take some responsibility for sending the guy in the first place. We can't fault the shop staff because they have been great in trying to help, the problem is higher management and the contractor.

[Bookworm]

But the contract is between your mum and TT, is it not? I'll ask again, did she not sign a contract of some sorts? At the moment, you are going on "she says", "he says", "they say". Even if you were to go to court, you would have to have some sorts of contract/T&Cs to rely on, so I suggest that you get hold of that first and foremost.

 

Let's take a bigger example: You order a new house from Barrats. they employ local (or not so local these days,lol) chaps to do the job. Your new house is full of cracks/faults etc... Who would you go after? Put it another way, who did you pay? ;-)

 

It isn't your mum's job to pursue the contractor. TT have taken some contractual undertakings in their dealings with your mum, and it is up to them to uphold them. As for the wrong adhesive, that is between TT and the contractor to sort out, if your mum was an expert tiler with expert knowledge of adhesives, she wouldn't have needed someone to do the job for her, would she?

 

My advice stands: letter giving them 14 days to sort out the job correctly and at no additional expense to mum, adequate compensation to be agreed on, or SCC which will mean additional costs for TT.

 

But first and foremost: get that contract/T&Cs off your mum, you won't get very far without them!

 

I still maintai

[Mickjw]

Hi, I too have had trouble with Topps Tiles. They supplied tiles with a defective surface finish and flatly refused to accept responsibility. after long drawn out correspondance with Topps Tiles, and since the tiles were part of an insurance claim, I contacted the insurance company (AVIVA) and argued that since I had paid them and not Topps Tiles, they were liable to put it right. They inspected the tiles and agrred - Full marks to AVIVA.

 

I believe that as the law stands, your complaint is with Topps Tiles because you paid them to do the job and Topps should pass this onto the contractor who was paid by them.

 

If my experience is typical of Topps, they will refuse to accept it is their fault. If so, my advice would be to go to Trading Standards or Citizen's Advice.

 

Hope this helps

 

Regards

Mickjw

 

Please, I wonder if someone could help me as I have looked through the forums for information but can't find what I'm looking for.

 

I'm writing on behalf of my mother who is deeply upset. She recently purchased some mosaic tiles from Topps Tiles and arranged with them for someone to come out and fit them in her bathroom.

 

Topps sent someone out this morning and when he had finished the bathroom floor was a disaster, so much that my 3 year old daughter could have done a better job. Some tiles were uneven, some didn't stick to the floor, some move around and some were cracked. All the payments were made upfront so my mother couldn't stop the payment for the work.

 

Instead she took photographs of the work and promptly went down to Topps to make a complaint. Topps told her that they had infact contracted out the work so couldn't help her in any way. They agreed that the work was a disgrace but again reiterated there was nothing they could do since the workman wasn't covered by them.

 

We are now at a loss as to who is responsible for sorting the mess out. Is it actually down to the contractor or is it down to Topps for sending this person out? Who do we need to contact to move this further and are there any laws to protect my mother for the mess they have left?

 

At no point did Topps say they were contracting out, as far as my mother knew when she arranged this with them it would be one of their workmen coming out. Having checked on their site they do mention that work sometimes gets contracted out but all their contractors work to Topps standards of excellence.

 

All my mum wants is the job doing properly. She isn't after compensation, she doesn't want her money back all she wants is for someone to accept responsibility and sort the mess out properly but we are at a loss in where to start.

 

Any help on this matter would be greatly appreciated.

 

Regards

 

Murbay

[MrShez]

Sounds to me like you did not enter into a contract for Topps Tiles to fit, they do offer this as a service its called Topps Approved Fitters, at a charge and will be detailed as such on your receipt if you have paid for this service.

 

It sounds to me as a goodwill gesture they offered a business card (or maybe more than one) for their traders (customers) as they deal with hundreds of tilers on a trade basis, they do carry their business cards but do not vouch for their workmanship.

 

Hope this is useful, unless you opted for Topps Tiles to Approve and Fit then your complaint of poor workmanship is with the fitter you chose.

[perplexity]

I believe that as the law stands, your complaint is with Topps Tiles because you paid them to do the job and Topps should pass this onto the contractor who was paid by them.

 

The Contracts (Rights of Third Parties) Act 1999] entitles an identified third party to claim against a sub-contractor so long as a term purports to confer a benefit.