Bathroom suppliers - faulty items + extra plumbing costs

[essjaydee]

Hi everyone,

 

Many thanks for any advice you can give on the following.

 

This is posted on behalf of my parents (both OAPs)...

 

They purchased bathroom supplies from a high street store (not a big chain) and after a few months one of the taps failed (apparently the valve inside - due to limescale, or so the supplier said). They took the tap back and were given another one foc (but obviously incurred more plumbing charges). Fast forward approx. ten months and the tap fails again, with the same fault. This time they buy a tap from B&Q and have it fitted (more plumbing charges).

 

After attempting to return the two faulty taps to the original supplier, they were told that the valves inside are only guaranteed for six months (the taps are guaranteed for five years) and they therefore couldn't have a refund. They were also told that due to the tap manufacturer going bankrupt the supplier had another reason not to give a refund, because he wouldn't be able to get his money back!

 

Any advice on what they should do / what their rights are here? With the cost of the extra taps and visits from a plumber it has cost them approx. £300 and a lot of stress, which they really don't need.

 

Thanks!

[rebel11]

Hi essjaydee

 

How did they pay for the faulty taps?

[essjaydee]

Hi essjaydee

 

How did they pay for the faulty taps?

 

Possibly credit card - if not then debit card. I'd need to check that to be 100% sure.

[rebel11]

Hi essjaydee

 

If it was Credit Card, then you can ask your Card Provider to do a Section 75. Use one of the templates in the link. Send it Recorded Delivery.

 

http://www.which.co.uk/consumer-rights/regulation/section-75-of-the-consumer-credit-act

 

If it was Debit Card, then you can ask your Card Provider to do a Chargeback, there is a time limit (120 days). Use one of the templates in the link.

Send it Recorded Delivery.

 

http://www.which.co.uk/consumer-rights/problem/how-do-i-use-chargeback

 

Explain that the manufacturer has gone bust, the retailer doesn't want to know.

[essjaydee]

Hi essjaydee

 

If it was Credit Card, then you can ask your Card Provider to do a Section 75. Use one of the templates in the link. Send it Recorded Delivery.

 

http://www.which.co.uk/consumer-rights/regulation/section-75-of-the-consumer-credit-act

 

If it was Debit Card, then you can ask your Card Provider to do a Chargeback, there is a time limit (120 days). Use one of the templates in the link.

Send it Recorded Delivery.

 

http://www.which.co.uk/consumer-rights/problem/how-do-i-use-chargeback

 

Explain that the manufacturer has gone bust, the retailer doesn't want to know.

 

I believe that it would be out of the 120 days now. The first purchase was made approx. 18 months ago and the second approx. 10 months ago.

 

My parents didn't handle the situation very well at the time admittedly by not raising any issues or insisting on a refund / compensation - is there anything else they can do without the Section 75 or Chargeback?

 

Thanks again!

[rebel11]

Hi essjaydee

 

http://www.which.co.uk/consumer-rights/regulation/sale-of-goods-act, again there is a template. Again it needs to be sent Recorded Delivery. Then you could consider action in small claims court.

 

You need to find out how they paid, Section 75 / Chargeback are better options. Read the links.

[essjaydee]

Hi essjaydee

 

http://www.which.co.uk/consumer-rights/regulation/sale-of-goods-act, again there is a template. Again it needs to be sent Recorded Delivery. Then you could consider action in small claims court.

 

You need to find out how they paid, Section 75 / Chargeback are better options. Read the links.

 

Will take a look through everything this evening - thanks very much for your help and input... Really appreciate it!

[ericsbrother]

in exceptional circumstances the time limits are doubled so you may still be in time for a chargeback.

[essjaydee]

Hi again. OK, so my parents completed the template letter from Which - do you mind taking a quick look and letting me know if it's good to go?

 

MY ADDRESS

COMPANY ADDRESS

Dear Sir

Reference: Bathroom Equipment (No contract / item / reference number)

On XXXX DATE Ibought a XXXX ITEM mixer tap amongst other items. I discovered that theXXXX ITEM had the following problem: the tap no longer functioned correctly– water does not come out when the tap is turned on.

On XXXX DATE Ireturned the XXXX ITEM to you and received a replacement of the same item.To remove the XXXX ITEM, I incurred plumbing charges of £XXXX onXXXX DATE and then to fit the new XXXX ITEM, I incurred further plumbingcharge of £XXXX on XXXX DATE.

On XXXX DATE I wasforced to return the second XXXX ITEM to you, due to discovering that it hadthe same problem as with the first – the tap no longer functioned correctly –water does not come out when the tap is turned on. Again, to remove the XXXX ITEM, I incurred plumbing charges of £XXXX on XXXX DATE.

The Sale of GoodsAct 1979 makes it an implied term of the contract that goods be as described,fit for purpose and of satisfactory quality.

As you are in breachof contract I am rejecting the XXXX ITEM mixer tap and request that yourefund the sum paid to you of £XXXX and the sum incurred for the plumbingcharges of £XXXX.

I also require youto confirm whether you will arrange for the one XXXX ITEM mixer tap to becollected or will reimburse me for the cost of returning it.

If I do not receiveyour satisfactory proposals for settlement of my claim within seven days of thedate of this letter, I intend to issue a claim against you in the county courtwithout further reference to you.

Yours faithfully,

NAME

Thanks again to anyone that takes the time to read and reply!

[essjaydee]

Ps - date of first incident was late 2012, next was mid 2013, third, just a couple of weeks ago. Also, not sure what happened to the formatting / font - has all gone a bit haywire since copying and pasting from Word!

[rebel11]

Hi essjaydee

 

It's fine, it should read - Dear Sir / Madam

 

Send it Recorded Delivery.

[essjaydee]

Hi essjaydee

 

It's fine, it should read - Dear Sir / Madam

 

Send it Recorded Delivery.

 

Fantastic - thanks so much!

[essjaydee]

OK, update time... Parents sent the letter off and have seen that the company received / signed for it. It has been over 7 days now and they've had no response... Is it time to start legal proceedings?

 

Thanks!

[rebel11]

Hi essjaydee

 

I'd give them a few more says, don't forget it's been a Bank Holiday weekend, also they might not open the mail straight away.

 

OK, update time... Parents sent the letter off and have seen that the company received / signed for it. It has been over 7 days now and they've had no response... Is it time to start legal proceedings?

 

Thanks!

[essjaydee]

OK, will pass that on - 7 days was last Weds though, so that is already well over the time

 

What should be the next steps - assuming they still get no response?

 

Thank you!