Problem with quartz worktop taking company to court

[shabz25]

Hi everyone, need some help.

 

 

I have issues court proceedings against the company which sold and fitted a quartz worktop for me in March 2015.

 

 

In April 2015 I contacted the company about a chip that occurred on the end of one worktop when a ceramic plate hit against it as wl was being moved. The plate did not break and now there is a chip on the end.

 

 

Also I complained about pitting on the other run as well as a white mark near the sink,

the mark is being called a "watermark" by the manufacturer.

 

 

After months of emailing I finally got the manufacturer to inspect the worktop.

She tried in vain to get rid of the mark but couldn't.

She asked if we had any cast iron pots and checked the cupboards and found none

 

Months later still emailing the supplier and fitter

I was told not to worry my worktop would be replaced.

 

 

Then a change of mind occurred and I was told the manufacturer stated it was due to abuse so no replacement.

The report by the manufacturer can't figure out the White mark and the other marks are put down to knife marks due to cutting on the surface, this is not the case as they claim.

 

 

The manufacturer also stated that during their inspection I told them that we put hot pans in the worksurface with some cloths underneath. This again is a complete fabrication, I would not spend close to £3000 and put hot pans on the wirksurface or cut directly on it. She also stated that she advised us to use a wooden chopping board, something we already use and have had for many years.

 

In May 2016 after numerous emails most without a reply the supplier and fitter decided no replacement.

I stated that I would take matter to court, we both then agreed that I would received £500 back for the issue and the chip and marks to be filled by supplier on the Wednesday. No one turned up and I took a day off work.

After this none of my emails were answered and I said I would claim for the day I took off.

 

 

I submitted court proceedings and the fitting and supplying company instructed Solictors and filed a defence.

They stated that co campo was offered and they never agreed to replace,

I have emails confirming to the contrary.

I believe they will get the manufacturer to help with the claim by way of a witness statement or report.

 

 

The worktop has a 33 year warranty,

I did not cause the issues due to abuse and quartz is advertised as a very hard surface and almost indistructable.

 

 

No invoice for the sale was ever received despite asking the seller,

no cleaning or care instructions were ever provided,

even though we did not need these as we would not mistreat the worktop.

 

 

Now we have glass worktop savers all over the worktops

even a cup falling on its side causes marks on the worktop and the pitting issue was never addressed.

 

Any pointers to relevant defence for my case would be appreciated.

[martin2006]

Firstly, you dont need a defence for your case, you are the claimant, the defendant needs a defence!!

 

If you have emails proving they accepted there was an issue and agreed to replace, then i dont see you will have any trouble with your claim.

 

Have you seen the defence that they have filed?

 

Can you disprove any statements they make? Via emails etc?

[BankFodder]

Please will you post up your claim and also the defence in PDF format

 

Also, who is the supplier?

[shabz25]

The supplier is set in stone York ltd. I will post the defence and claim shortly. Thanks for your reply.

[shabz25]

Hi,

 

please see attached the claim form completed by me and the preliminary defence received from the suppliers solicitors.

 

I have emails from the supplier stating that they would order a replacement slab.

 

 

The supplier sent me the so called report by the manufacturer when they came out to inspect which blames heavy abuse for the chips,

no mention of the pitting,

the white patch is referred to as a watermark.

 

 

Later another rep from the manufacturer emailed the supplier saying the watermark is down to hot pans on the surface, i didn't think a hot pan could cause a watermark, does anyone else?

 

Forgot to mention,

i am also claiming back the £150 that i paid twice for the templating,

first time in cash as advised via email by the supplier to the templater directly,

the second time it wasn't take off the final amount and was paid via debit card.

 

 

I emailed the supplier several times asking for a refund as well as emailing about the progress of my issue,

she would answer the worktop issue after several further emails but never replied back about the double payment. She just simply ignored that part of the email.

claim1 CAG.pdf

Defence CAG.pdf

[dx100uk]

had to unapproved attachments

names can clearly be seen thru the pen crossouts

 

 

please follow the upload

[shabz25]

Had to upload the claim form and summary defence again

claim 3.pdf

[shabz25]

Would like to know if anyone has had a look at the claim form and the summary defence

[martin2006]

Claim looks ok.

is that all they have submitted as a defence?

 

Can you disprove that no offer was made, ie email, letter etc

[shabz25]

That all they put in their defence, I have an email from the supplier after I suggested that to prevent upheaval and causing disruption I would settle for £500 compensation for the issue with the worktop and for the chips to be filled.

 

They agreed via email and said this would be done on the Wednesday. Exact email after my email was "done" see you Wednesday. I take that as acceptance of my proposal. Also the quartz rep sent an internal email which the supplier forwarded to me after months of asking. She asks for the chips to be filled and then puts mark down as a "watermark" and says would the customer live with a sizeable reduction.

 

She can't figure out what the mark is and how it was caused. The second rep suggests to the supplier "I think the watermark is down to heavy abuse and caused by placing hot pans on the surface" I don't know how he can figure that out at the mark won't even show up on photos properly. Rep that visted took pictures in her phone. My dsr camera can't even pick the mark up fully with or without a flash.

 

I also have an email from the supplier telling me not to worry she had asked the manufacturer to order a replacement slab. Later I was told unfortunately it won't be replaced as the damage was caused by heavy abuse. Quartz installed first week of March and issues reported in early April same year.

[martin2006]

Sorry just re read post 5

 

Could you post the email(s) which offer replacements etc

 

redacted of course

[shabz25]

I will post the emails tomorrow after removing sensitive info.

[martin2006]

Once all this is pieced into your witness statement i suspect they will concede and crumble, those emails will obliterate their paragraph 6 and i would suggest that you invite them to withdraw their defence as you can prove to the contrary and it has no real prospect of success.

As for how the damage was caused, it would be impossible to prove you had caused pitting.

As for watermarks, well its a natural material so will be prone to the odd defect but if properly prepared and polished, should not mark from water