Faulty Carpet

[Dollydoo]

I had a carpet fitted October 2019.  

In January 2022 I informed the shop there was a fading issue.  

 

They informed the manufacturer who sent an inspector and also said the carpet would be tested.

 

They rejected my claim as there wasn't a problem.

 

 I then got the carpet tested myself which states there is a manufacturing defect and it doesn't come up to the allowed standard.  

 

The shop & manufacturer between them have offered £470.  The carpet cost about £1,030 (plus fitting extra).

 

 I've declined the cash as I really want a replacement carpet.  Carpet foundation can't "arbitrate" so where next, there is no ombudsman so do I go to small claims court?  

 

my mistake the carpet actually totalled about £903 as we'd got a discount.  

Any advice appreciated

[Dollydoo]

Any advice please 

[dx100uk]

for 15mts use i'd expect a better offer than that.

 

Under the consumer rights act of 2015 outside of 6mts it's for you to produce a report, which you have , that proves your point.

however, the retailer has the option to refund/attempt one repair or replace.

 

you can push your rights further by issuing a letter of claim and 14 days after ACTUALLY issuing a court claim, not just a threat, but you do need a water tight case if you are going to force a manufacturing fault was present at time of birth shall we say.

 

there is no harm in you threatening to do the above LOC/Court claim first in a letter of complaint to see if that works mind

 

dx

[Dollydoo]

Thank you.  

 

I've already told them I'm taking it further, starting with Arbitration - the retailer is a member of the Carpet Foundation but as the manufacturer isn't, the CF can't do anything outside of a year.  

 

I asked the retailer for confirmation of their offer being a final response as I would need this if I were to proceed legally - they obliged.

 

It really frustrates me that whilst I've got a report proving my point, both the retailer & the manufacturer are saying the report doesn't make sense and are adamant that it was fit for purpose at point of sale.

 

manufacturer refuses to let me see their reports.  It also annoys me that they can just fob me off and get away with this.

 

 If I accept a partial refund, that's asking me to keep a faulty carpet, which I bought because of it's colour

 

the colour is no longer there and for me to change it will cost significantly more than they've offered.  Grrrr.  

[dx100uk]

Well just remember, your claim, in whatever form, is always against the retailer under CRA 2015.

 

Dx

[Dollydoo]

I've sent my LBC to the retailer, along with a quote of what it will cost to replace the carpet.  I just don't understand what the point of CRA 2015 is, if I'm not going to win anyway (so I'm told) despite having a report stating the carpet is faulty!

 

[dx100uk]

Who said you won't win?

 

But the only way you can enforce CRA 2015 is in court  if the retailer refuses to abide by it 

 

Dx

[Dollydoo]

Do you know how they work out the wear and tear element?  The life expectancy is 20/25 years for 80/20 wool carpets and I've had it for 2.3 months.  

[dx100uk]

so thats about 1/10th then of its expected life.

but if you prove it was a fault from manu date, thats immaterial in a way.

 

 

[Dollydoo]

Thank you for your advice dx, I have received a reply to my LBC - they have actually agreed to replace the carpet - the manufacturer still maintains there isn't a fault but hey ho the retailer will replace.  I'm so happy I can't quite believe it.  

[dx100uk]

Nothing to do with the manufacturer.

Your claim under your consumer rights was always against and could only be bought against the retailer.

 

You formally threatened court following CAG's advice under the pre action protocol, you won, they folded as soon as they saw you mean business 

 

Not a bad result once you got the correct advice 

 

Well done 

 

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Dx