Garden Buildings Direct - Kybotech

[dhakner]

Good Morning,

 

I'm looking for some advice on where to escalate a complaint regarding a BillyOh Summerhouse purchased earlier this year from Garden Buildings Direct. I've gone through the official procedure of complaining (The day after putting the shoddy thing together), have used all the correct forms, given them a full 8 weeks to respond etc, but have just been met with a wall of excuses. (The gaps in the factory-made panels i can fit my hands through will settle with time / the doors being different sizes is the moisture in the air/ knots as big as my fist falling out every couple of weeks as it's a natural product / the floor so full of large knots they fall out when you walk on it etc etc). On a £1300 summerhouse they've even stated in one of their replies to 'use woodfiller and silicon sealant in certain areas as this is where it's most likely to leak!) 

                        I've been quite reasonable initially in requesting a replacement floor as it was completely unuseable, which they sent quickly, but escalated it to a full complaint as soon as the other major issues came to light and i began looking at other reviews. As it's built now, i've requested from them a partial refund to cover my time and expenditure in putting the thing right (Work that they themselves have suggested i do), or they replace it with a new, fit for purpose item and remove the old one, both of which they have refused to do.

                       The 8 weeks are up so time to take things further, but when i try to do so online with the Consumer or retail Ombudsman there is a need to enter the company you are complaining about before you can continue, and Garden Buildings direct along with Kybotech (The parent company) don't seem to be present anywhere on there. Are there any suggestions how else to follow this up? Many thanks for help after all this time, I went through a long successful case with both Abbey National and Yes car credit back in the day so i know the advice on here is to the point.

[BankFodder]

I don't know what you mean by "the correct forms". I suppose this is some scheme that this company is involved which pretends to be some kind of ombudsman service.

In fact what has happened is that you have been deflected from asserting your rights under the consumer rights because if you had reported a defect within the first 30 days then you would have been entitled to insist on a refund and to reject the shed completely.
You have now lost this right.

Although you haven't posted here very much you have been here since 2014 and I don't really understand why you have left this till now and also I don't really understand why you haven't please familiarise yourself with your rights under the consumer rights.

There is a fallback position with the consumer rights and that is that if the defect appears within the first six months, then you can assert a right to reject the item subject to giving them a single opportunity to repair – failing which they must refund or replace – at your choice.

Stop dealing with the ombudsman. It's a complete waste of time and you simply been conned.

Write them a letter and assert your rights and say that the defect has occurred within the first six months and you are now giving them a single opportunity to repair or to do whatever is necessary to remedy the defect and if they do not sort the problem out then you will revert to your right to reject the item and if necessary your pursue your right in the County Court.

Start doing some reading around about this kind of stuff. This is not simply a social media platform. This is a source of serious advice and help and you should have come here earlier
 

[dhakner]

Thankyou. I think I didn't explain myself properly. What i meant by 'the correct forms' is that I have gone through what I thought was the formal process of complaint, i.e lodging a complaint, detailing the issues, giving them time to respond etc etc. I have asked for a refund, asked for a replacement, told them why, and just get fobbed off with 'this is what a wooden product will do'. I was simply looking for advice on where to take it next - if it's small claims then i'll take it down that route. I'm not an expert and have always been told you need to give the company the required time to respond before taking things further. 

[BankFodder]

I'm afraid that the position is still that they have provided you with forms and a process – et cetera which effectively is calculated to divert you away from your right to reject the goods if a defect appears within the first 30 days.

I suggest that you follow my advice and assert your right to reject the goods if they failed to repair. Point out that you are asserting your rights under the consumer rights and that you are giving them a single further opportunity to remedy the problem otherwise you will be rejecting the goods and if necessary you will enforce this in the County Court

[dhakner]

OK I''ll do that - although it was my forms and process (I found templates), not any they provided me. My original letter of complaint requested a refund or replacement and that was within 7 days of receipt. They've just refused to do so.

[BankFodder]

Also, I should add that the matter is further complicated by the fact that they have supplied and you have installed. This means there is always room for them to say that the items are not defective – and that it is your installation.

This means that you are going have to document all the faults very carefully and take photographs and make sure that you have a convincing bundle of evidence if it goes to court – as it may well do.

 

[BankFodder]

We've crossposted.

You are now saying that you post them a letter of complaint requesting a refund or replacement within seven days of receiving the item – is that correct?

If that is correct then you have inadvertently saved the situation because they were not entitled to refuse.

I should now fall back, letter and write to them and say to them that you now understand that they were not entitled to refuse your initial rejection of the item and your generous gesture in inviting them to replace the shed – which you made simply as a gesture of goodwill towards them in order to bring the matter to an amicable end.

Tell them that you have now received advice that under the consumer rights act, they were bound to act on your letter and that as they have not done so, you are giving them a further seven days to make arrangements to remove the entire installation or else you will begin proceedings.

[dhakner]

Indeed - thankyou. With the original complaint I sent a PDF of at least 20 photos showing the defects -  all in Factory made panels, not where I fixed the panels together. To confirm this was within 7 days of receipt. Apologies for my first post, I think my mention of the Ombudsman threw things - I hadn't got to that point yet, but was just asking if that was the best way to go forward now. I'll take your advice and follow up on the fact they were not allowed to refuse. As always, your honest advice is much appreciated.

[BankFodder]

I imagine they will still stand by the refusal. They may also point the fact that you have now engaged with them to provide replacement parts so that you have effectively negated the effect of your first letter. However I think that your perfectly reasonable position is that you were obliged to do this because you took them at their word. However they have acted unlawfully.

If at the end of the seven days they haven't made arrangements to remove the items and to refund your money then come back here and we will help you send a letter of claim.

In the meantime I suggest that you start reading up on this forum about the steps involve bringing a small claim in the County Court. Also you could register with the Moneyclaim online county court service so that you can start to feel your way around.

You may want to post a draft of your letter to them here before you send it off

[dhakner]

Thankyou - I will do that and post my letter before sending. Many Thanks.