Faulty shower

[Argyll]

This is on behalf of my cousin who lives in Scotland. 

 

"We got a new bathroom fitted in Feb. On 28 Mar discovered tray has a fault in it which has made it extremely prone to flooding. Fitter has said he's having issues getting manufacturer to admit the fault and agree to reimburse him to fix. He's continually promising to keep me posted with progress but literal days go by with him not contacting me. Its so bad I actually need to get into shower with my 6yr old in case it floods. Is there ANYTHING I can do to speed this process up or am I at his mercy?"

 

The installer isn't prepared to take any action until he's compensated for his time from the manufacturer. In my opinion this is between him and the manufacturer, he should still rectify the shower in the meantime.

The Citizens Advice gave her this letter to send him (attached). Is she heading in the right direction?

Binder1.pdf

[stu007]

Hi 

 

Who is the Company?

 

Does the Agreement you signed for the goods also included the installation or is the installation by the fitter/installer a seperate agreement with them?

 

 

[BankFodder]

Please answer the questions that have been put to you above – particularly as to the identity of the company.

Also please confirm that the installation and supply has been done by the same company – although the draft letter that you have uploaded seems to suggest that.

The letter is okay but it really would be much better if it referenced your six month right to reject the goods subject to an opportunity to repair.
In other words you should be invoking the consumer rights act – as you have done but you should point out that is the defect has materialised within the first six months of the date of the contract you are now asserting your right to reject the goods subject to their right to make a single attempt to remedy the situation.

On the basis that there seems to be some resistance from the installer, you may as well set out now that if they will not honour their statutory obligations under the consumer rights act that you will then get your own inspections carried out to see whether either the situation can be remedied or whether there has to be a completely installation and then a purchase of a new system elsewhere for reinstallation.

Point out to them that although you will keep them notified that all times, if there are any costs incurred as a result of independent inspections that you would look to them for reimbursement. Furthermore if you are obliged to incur expenses to address the defects in their installation you will be looking to them to reimburse those expenses as well.
Finally point out that if independent inspection eventually decides that the entire installation has to be removed and replaced that you will be looking to them to reimburse these costs as well.

I think it's important this point for us to understand who your contract is with.

 

[Argyll]

On 23/04/2021 at 02:26, stu007 said:

Hi 

 

Who is the Company?

 

Does the Agreement you signed for the goods also included the installation or is the installation by the fitter/installer a seperate agreement with them?

 

 

She'd rather not name the company but it's a one man show. He's a local tradesman. 

 

He supplied and fitted the bathroom. 

 

On 23/04/2021 at 07:58, BankFodder said:

Please answer the questions that have been put to you above – particularly as to the identity of the company.

Also please confirm that the installation and supply has been done by the same company – although the draft letter that you have uploaded seems to suggest that.

The letter is okay but it really would be much better if it referenced your six month right to reject the goods subject to an opportunity to repair.
In other words you should be invoking the consumer rights act – as you have done but you should point out that is the defect has materialised within the first six months of the date of the contract you are now asserting your right to reject the goods subject to their right to make a single attempt to remedy the situation.

On the basis that there seems to be some resistance from the installer, you may as well set out now that if they will not honour their statutory obligations under the consumer rights act that you will then get your own inspections carried out to see whether either the situation can be remedied or whether there has to be a completely installation and then a purchase of a new system elsewhere for reinstallation.

Point out to them that although you will keep them notified that all times, if there are any costs incurred as a result of independent inspections that you would look to them for reimbursement. Furthermore if you are obliged to incur expenses to address the defects in their installation you will be looking to them to reimburse those expenses as well.
Finally point out that if independent inspection eventually decides that the entire installation has to be removed and replaced that you will be looking to them to reimburse these costs as well.

I think it's important this point for us to understand who your contract is with.

 

I'm not sure why naming the company is relevant but as above it's a local tradesman working as a one man show. 

 

I'll mention to her about the interesting points you've raised.

 

Sorry for the delay in replying. I was waiting on my cousin getting back to me. 

 

[BankFodder]

Naming the company is extremely relevant because we may be ableto research more about it, understand what assets there are, able to research reviews to better know what kind of people you are dealing with. Also, it may attract other people who have had similar problems and their collective knowledge and experience will contribute as well.
Also, if the company is named then other people have similar problems in the future may chance upon this thread and be informed – in the same way the you would have been pleased to find other references to this company on this forum.

There is no downside to naming the company. There is no disadvantage to you. We don't play secret squirrel here – as long as everything that is written is straightforward and honest.
The only people who benefit from not being named as the company itself – unless you want to protect them

[Argyll]

My cousin said she's happy to name him but not at the moment. She will wait one week after sending the letter. if he doesn't reply then she's happy to allow me to name him. I've checked him out on Companies House. He only started his company last July.  

 

He's also a tax evader and has stupidly sent my cousin a text confirming this (see attached)

rXHCjt-M (2).pdf

[BankFodder]

Okay well that text messages very helpful.
I suggest that you store it away and don't rely on it yet.

You sent a letter and you want to wait a week. Come back here when you think you want to move on

[BankFodder]

And by the way, this is for your benefit – but especially anybody else who visits this thread.

If you buy equipment from one company and have it installed by a separate company – then you are cruising for chop.

If things go wrong then the installer blames the supplier. The supplier blames the installer – and guess who is Piggy in the Middle?

When ever you can, try to make sure your contract is with a single entity who supplies and installs.

Luckily in this current thread, the contract has been with a single trader and that makes things an awful lot easier

[Argyll]

Thanks. Just for reference though this isn't happening to me. It's my cousin. 

[BankFodder]

No problem. The advice is the same