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Hi all,

I have had a kitchen fitted by Wren in March and I have had a few issues with it. The original fitment had some quality control issues - various door finishes were not up to an as new standard and a couple of kitchen base units were all delivered in a damaged condition. We also had an issue with the dishwasher. This was resolved to our satisfaction but the rest of the issues have not been. After being rejected by customer services I contacted the MD who, to his credit put us in touch with the head of installations who has been trying to sort it all out.

 

The problem is that there have been now been three different attempts to replace the defective doors / units and each time the replacement ones have been at least as bad if not worse. Our hob was also only partially working due to a cabling error by their appointed electrician. This has since been rectified also after six weeks due to Covid-19.

 

I have indicated to the installation manager that I am now frustrated with the situation as I cannot see Wren being able to replace the cabinets and doors to the new standard that I expect. Their Quality Control appears to be non existent.

 

I have been offered a sum in compensation after I said that I may be prepared to live with the issues. Whilst I consider this offer, I would like to know if I can reject the kitchen under the Sale of Goods Act or would it be best to put it into the hands of the Furniture Ombudsman. Failing any of these, raising an action in the Sheriff court for the cost of putting the issues right.

 

Thanks.

hodgsoi 

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The applicable statute is the Consumer Rights Act 2015.

Because It Is within the first six months of the contract, if the goods are defective you are entitled to assert your right to insist on a repair and if the repair fails then to require a refund.

I understand that this kitchen was both supplied and installed by Wren. That is good because otherwise you would find yourself being pushed off from supplier to installer and back again like piggy in the middle – you are the piggy.

You don't have to accept their offer. You simply send them a letter requiring them to remedy the defects and informing them that you are giving them one opportunity to do so after which you will assert your right to reject the goods and they should then make arrangements to collect them and also they will need to discuss with you any financial loss you may have suffered as a result.

Send the letter straightaway. Even if you feel that you might want to accept a settlement, once they have the letter – they will realise that this situation is becoming difficult and it will give you extra leverage to increase any offer.

If you had sent the letter off immediately within the first 30 days then you would have enjoyed an immediate right to reject the Items without even giving an opportunity to repair. If you had asserted your right after the 30 days then you would only have needed to give them an opportunity to carry out a single repair. As it is, you have passed up the opportunity and so you have to start from zero by sending the letter. That then entitles them to make one further attempt to carry out the repairs – after which you can reject the lot.

 

Don't bother about the financial ombudsman. Even the financial ombudsman is limp wristed – and all the others – communications, energy, motoring, et cetera are pretty well a dead loss. They just waste time and fatigue you and also it ends up taking more than six months by which time if you haven't sent your letter asserting your rights, then you have lost those rights and you then have to proceed on pure contract – which is not especially difficult but makes it slightly less clear as to your remedy.

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Bankfodder, many thanks for the advice.

I'll contact the installation manager today with your advice and see what comes back.

Thanks again

hodgsoi

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Send the letter. It is essential that you send the letter and assert your rights under the consumer rights act.

This will allow you to take a certain control of the matter – and frankly the whole thing sounds like a lot of bother and if I were in your position I'd get shot of the lot. Even if you like this particular kitchen, you can still insist that they take it all away and then you can decide if you want to continue with them and agree a new installation.

 

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Bankfodder, I have just sent off an e mail to the installation manager stating our rights under the consumer rights act. I have asked him to direct me to who I should send it to if not him. He has been dealing with this and he is the one who offered a goodwill gesture if we absolved them of any further liability. I will follow this up with a letter.

We are prepared to have the kitchen removed and start again if necessary.

Thanks again

hodgsoi

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Good. If I you I would send a separate copy to their office address.

If you are prepared to have the kitchen removed – then that gives you a controlling hand – but would you want them to supply you with a new kitchen or do you prefer to go elsewhere?

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Maybe you should post the text of the letter which you sent on this thread so we can have a look

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You should not have offered the possibility of receiving compensation as a way out for them.

Your letter should be unconditional.

I suggest that you send another email and then also letter

 

Quote

Dear Sir/Mdm

Reference number X X X

As you know, the kitchen which you supplied and installed on X X X date has been defective and despite your several attempts to carry out repairs, it remains in a defective condition.

You probably know that under the consumer rights act 2015, if a defect manifests itself within the first six months then I'm entitled to give you one opportunity to carry out a repair and if the repair fails or is not satisfactory then to reject the goods.

Please accept this letter as formal notice that I'm now asserting my right to reject the item's in the event that you fail to put matters right completely.

This letter supersedes a previous email which I sent to you offering to accept a payment of compensation in lieu of my consumer rights. I have reflected on the matter and I realise that I have lost confidence in your company.

Please make arrangements to carry out the repair and let me know what those arrangements are within seven days.

If you feel that you are not able to carry out the repair then please tell me what the arrangements are for uninstalling the kitchen and carting away.

Of course as a result of this I would have suffered a measure of inconvenience and loss and I expect to be compensated for this.

I shall be dealing with this once I know whether or not you intend to make a final attempt to repair or you are going to remove the installation.

Yours faithfully

 

This is a lot harsher than the note you have proposed – but it lays down your rights very strictly.

After that, you can approach them and see if they are prepared to install a new kitchen on the basis that it is a new contract – which of course would then give you your 30 day right to reject without even an opportunity for them to repair.

Take your choice. Send this one or stick by the one you have sent.

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And it goes on an on

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