faulty steam shower - default Judgement set aside by defendent 3 months after issue ***Judgment attained***

[intree]

Hi please can I get some help

 

Faulty steam shower - retailer refuses to honour 5 year warranty

 

In May 2012, I bought a steam shower, as it had a 5 year warranty from Heat and Plumb London, (they still sell these), there are several faults which have now made the shower unsafe if not impossible to use, I wrote to them last week after speaking to which legal (they give you advice but are now very busy) they said the shower was covered under the Sale of good act 1979, so I wrote to the retailer asking for the repair or replacement as it should have lasted more than 2 years.........they have come back and state the original supplier to them is now bankrupt and they can send me parts if I remove the old ones and send them the details of them and will have to charge me, I am not happy as the shower is not working and we have no resolution, I sent this email below and have still not heard anything from the retailer at all now since last week when they stated the supplier is bankrupt, so no warranty - I need to have a new shower installed this weekend as this is no good, and cost me £800 in 2012, I am having to pay another 500 for the new shower cubicle, now!

 

I sent this last week!

 

 

Dear Sir

 

Sale of goods Act 1979 - defective shower unit - request for replacement and/or repair at suppliers cost.

 

I have now taken legal advice in this matter, I can confirm that my contract for the purchase of the above shower unit which cost approx. £800 is with Purity Bathrooms T/A HEAT AND PLUMB, after considering the matter closely and due to the nature and cost of the appliance/shower unit, I can confirm that the durability and Quality of the product is not of satisfactory quality and failed to be fit for purpose.

 

Sale of Goods Act 1979 Under the Sale of Goods Act 1979 goods must be as described, of satisfactory quality and fit for purpose.

 

I can confirm that the shower Unit is not fit for purpose as this should have lasted longer than 18 months, moreover the shower steam unit has failed and so has the thermostatic selector for the shower, in addition the build quality is of a inferior design, which has caused these failures, I must also inform you that the reason for buying the shower at such a high cost was due to the 5 year, warranty which you supplied as part of the sale.

 

The contract remains with Heat and Plumb, therefore I now wish to replace the Unit as there is no guarantee for this item and the terms of the contract has been broken by your Company, accordingly any product you now supply (replace) must be of a suitable quality, under the terms of the Sale of Goods Act 1979 and must be as described, and of satisfactory quality and ad fit for purpose, unless you are prepared to supply me with a shower unit which you can now guarantee to be as stated, then I will expect a full refund by return.

 

I await your written response by return and give you no more than 7 working days to conclude this matter and either send me a satisfactory and fit for purpose shower unit which will last longer than the warranty, or send me a full refund, failing which I will have no other option but to issue a County Court claim for damages and loss, which will include legal costs and costs for time to issue proceedings.

 

Please send your response in writing only so there is a record of this issue and I look forward to resolving this matter as soon as possible.

 

Kind regards

[rebel11]

Hi intree

 

How did you pay for the steam shower originally? credit card?

[intree]

Hi it was with a credit card, but I am not with Natwest any-more so do not know if they have a record, I asked the seller to provide this information and they have not, I do have the receipt but this does not show the card details at all!

 

Thanks

[intree]

Hi Just looked in my accounts and it was a Visa Natwest debit card, so may not be covered.;-(

[rebel11]

Hi intree

 

What's the name of the manufacturer?

 

Debit Card doesn't help, had it been a credit card, a section 75 claim would have been possible.

[intree]

The seller said it was a Company called Bathtek Uk, but it was a aqualusso Davenport shower as here :XXXXXXXXXXXXXXXXXXXXXXX

[intree]

The seller was Heatandplumb.co.uk as in advert, they now are washing their hands and saying it is not their problem!

[rebel11]

It is their problem, it's a lame excuse, we'll come back to them. But it sounds like their supplier has gone bust, not the manufacturer. Have a read of the following:-

 

http://www.aqualusso.co.uk/warranty.htm

 

The seller was Heatandplumb.co.uk as in advert, they now are washing their hands and saying it is not their problem!

[intree]

Thanks for the Aqualusso details, I sent the warranty card back to them as they requested, they stated they have no record of it, and we should deal with the retailer, its all a big silly fad, this warranty lark as we bought a Aqualusso, thinking we were buying the best and the warranty was a possible safeguard, which now us USELESS.

[rebel11]

Write to the retailer, explain that the resolution they have proposed is unsatisfactory, the manufacturer has not gone bust and is still in business, they need to repair, replace or refund, explain that passing the buck isn't an option under the SOGA 1979.

 

Write to the manufacturer, amend your letter, explain that the card was sent, send copies of your receipt etc, send it Recorded Delivery.

 

Thanks for the Aqualusso details, I sent the warranty card back to them as they requested, they stated they have no record of it, and we should deal with the retailer, its all a big silly fad, this warranty lark as we bought a Aqualusso, thinking we were buying the best and the warranty was a possible safeguard, which now us USELESS.

[intree]

Thank you for that;-)

 

I have written to the supplier several times since last week, no response, I have had no shower at home and have been going to the gym, with family to have showers, so I am today getting one fitted and removing this faulty rubbish, BUT, where do I stand as I have not heard from them and I am now replacing the shower all this in effect has cost me the original £800 + £560 for the new shower and £200 to have this fit today, I know I need to keep this shower safe until they collect or refund, but how do I now reclaim my costs and the money for the faulty shower as their lack of assistance has caused me all these problems?

 

Thanks

[ashmk]

Sue them

[intree]

Do I take this to County court now?

 

I have sent them a ; FINAL NOTICE AS BELOW

 

NOTICE BEFORE ACTION.

 

 

FAO Director for Heat and Plumb C/O Purity Bathrooms C/O Pioneer Bathrooms

Pioneer Bathrooms Ltd

9 Dennis Lane

Stanmore

Middlesex

HA7 4JR

 

Dear Sir

 

Sale of goods Act 1979 - defective shower unit - request for replacement and/or repair at suppliers cost.

 

We are disappointed that you have failed to respond to the matters below and either replace the unit or provide a refund under the Sale of goods Act 1979, or the warranty that came with the shower Unit, we have now take further legal advice in the matter and provide you with a further 7 days from today, after which we will issue a County Court claim, for the cost of the shower on full, our legal costs and submission of the application, together with the fees, we will also seek any costs in court we incur including litigation on person costs, all our emails to you will be submitted with the application to the County Court on the 12 September 2014, if we do not resolve the issue by that date.

 

1) shower not working or functioning correctly

2) steam shower not providing any steam - hoses checked and found in order

3) shower bar and speaker faulty

4) problems in the computer panel which do not allow the shower to be reset and also fail to operate the steam shower

5) panel on shower console flaking paint

6)rusting parts in shower including the runners, stopping doors from function correctly.

 

 

I do not accept your proposal asking us to remove parts, as this is not part of the contract we have with you, the shower unit needs replacing, I can also confirm that you are currently supplying similar Davenport showers with a 5 Year Warranty.

 

I have now taken further legal advice in this matter, I can confirm that my contract for the purchase of the above shower unit which cost approx. £800 is with Purity Bathrooms T/A HEAT AND PLUMB, after considering the matter closely and due to the nature and cost of the appliance/shower unit, I can confirm that the durability and Quality of the product is not of satisfactory quality and failed to be fit for purpose.

 

Sale of Goods Act 1979 Under the Sale of Goods Act 1979 goods must be as described, of satisfactory quality and fit for purpose.

 

I can confirm that the shower Unit is not fit for purpose as this should have lasted longer than 18 months, moreover the shower steam unit has failed and so has the thermostatic selector for the shower, in addition the build quality is of a inferior design, which has caused these failures, I must also inform you that the reason for buying the shower at such a high cost was due to the 5 year, warranty which you supplied as part of the sale.

 

The contract remains with Heat and Plumb, therefore I now wish to replace the Unit as there is no guarantee for this item and the terms of the contract has been broken by your Company, accordingly any product you now supply (replace) must be of a suitable quality, under the terms of the Sale of Goods Act 1979 and must be as described, and of satisfactory quality and ad fit for purpose, unless you are prepared to supply me with a shower unit which you can now guarantee to be as stated, then I will expect a full refund by return.

 

I await your written response by return and give you no more than 7 working days to conclude this matter and either send me a satisfactory and fit for purpose shower unit which will last longer than the warranty, or send me a full refund, failing which I will have no other option but to issue a County Court claim for damages and loss, which will include legal costs and costs for time to issue proceedings.

 

Please send your response in writing only so there is a record of this issue and I look forward to resolving this matter as soon as possible.

[intree]

bump for advice please

[intree]

There was no response so I have sent them a pre action letter, but they have not responded to that either so do I now start a court claim? and what will happen if they dont respond to the claim either?

[rebel11]

When did you send the pre action letter?

 

There was no response so I have sent them a pre action letter, but they have not responded to that either so do I now start a court claim? and what will happen if they dont respond to the claim either?

[intree]

I sent this on 09 September 2014, no response and they just do not seem to care at all!!

[intree]

this is what was sent Rebel11

 

Dear Sir/Madam

Reference: Sale of Goods Act 1979 –Sec 14: Shower/Steam Unit failure

As it has not been possible to resolve this matter amicably, and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct.

We are disappointed that you have failed to respond to the matters below and either replace the unit or provide a refund under the Sale of goods Act 1979, the, shower is approximately 26 months old and had a warranty for 5 years which you are now unable to honor. We have now had, a new shower fitted due to the faults listed as we cannot continue to use relatives bathrooms (as we have been) accordingly we are now seeking a full refund as set out below.

1) Shower not working or functioning correctly

2) Steam shower not providing any steam - hoses checked and found in order

3) Shower bar and speaker faulty

4) Problems in the computer panel which do not allow the shower to be reset and also fail to operate the steam shower

5) Panel on shower console flaking paint

6) Rusting parts in shower including the runners, stopping doors from function correctly

From you I am claiming the full cost of the shower, which is the sum paid of £739.73

I have calculated this sum, as indicated on the Invoice dated 02/04/2012

 

Listed below are the documents on which I intend to rely in my claim against you:

1. Invoice dated 02/04/2012

2. Letter dated 04/08/2012

3. Email dated 18/08/2014

4. Email dated 20/08/2014

5. Email dated 27/08/2014

6. Email dated 01/09/2014

7. Email dated 03/09/2014

8. Letter before action dated 08/09/2014

 

In accordance with the Practice Direction on Pre-Action Conduct I would request that you provide me with copies of the following documents:

 

1. Sale and description of Unit dated 2 April 2012, from website including 5 year warranty

2. Credit card sales authority from credit company

3. Delivery record and sales completion

4. Disclosure of all emails and telephone calls and records

5. Confirmation of 5 year warranty on sale

 

 

I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts.

I would invite you to put forward any proposals in this regard.

In closing, I would draw your attention to section II (4) of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim.

I look forward to hearing from you by 19 September 2014

 

sent 7th September 2014 sorry

[rebel11]

I think you have no choice but to lodge a claim with the Small Claims Court that can be done online using 'MCOL', as they have not co-operated at all. All they have offered is 'you remove the parts, tell them the numbers, then they will send you the parts, then charge you'.

 

If they don't respond to your claim, the case will go in your favour.

 

 

 

There was no response so I have sent them a pre action letter, but they have not responded to that either so do I now start a court claim? and what will happen if they dont respond to the claim either?

[intree]

Thank you rebel11 as always this is the best site for help;-)

 

I will go to MCOL and start a claim

[rebel11]

There are court costs involved, remember courts can be unpredictable.

 

Thank you rebel11 as always this is the best site for help;-)

 

I will go to MCOL and start a claim

[intree]

Thank you for that advice, will I be able to claim the court costs and Litigant in person costs, please can you direct me to the appropriate posts for this issue if possible.

[rebel11]

You can claim back Court Costs through MCOL, as for Litigant in Person unlikely unless you can prove that the other party have acted unreasonably and the Judge orders that you can make a claim.

 

Have a good read:-

 

http://www.justice.gov.uk/downloads/courts/mcol-quickstart-guide.pdf

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?408255-How-to-claim-costs-as-a-Litigant-in-Person

 

Thank you for that advice, will I be able to claim the court costs and Litigant in person costs, please can you direct me to the appropriate posts for this issue if possible.

[intree]

Hi there I put the claim in Via MCOL on 26th they said they recorded it as sent on the 29th September 2014, I checked today and the retailer has failed to respond, I think the 14 days + 5 was up on Sunday 19th October 2014, today I tried to get a Default judgement so that I can pursue the claim, through a bailiff but the MCOL website has stated I must allow the correct number of days before service of DJ, when will this be, as I am not sure why it is not allowing me to progress the claim further!!

 

Thank you

[rebel11]

Have you contacted the MCOL helpdesk?

 

Help and advice Money Claim Online help desk

[email protected]

0300 123 1057 or 0160 461 9402

Monday to Friday, 8:45am to 5pm

Find out about call charges.

 

 

 

Hi there I put the claim in Via MCOL on 26th they said they recorded it as sent on the 29th September 2014, I checked today and the retailer has failed to respond, I think the 14 days + 5 was up on Sunday 19th October 2014, today I tried to get a Default judgement so that I can pursue the claim, through a bailiff but the MCOL website has stated I must allow the correct number of days before service of DJ, when will this be, as I am not sure why it is not allowing me to progress the claim further!!

 

Thank you