- Big Red Carpet Company,Faulty Carpet

[Steve48]

We purchased a new stair carpet in January 2022 from an online supplier for £430. We used independent contractors to fit the new carpet.

 

It wasn’t until the carpet had been cut and was being fitted that the fitters noticed that some of the tufts on the edge of the stairs had no dye and so were white rather than terracotta. We contacted the suppliers to see if they were able to supply any dye so we could just touch it up. They said they couldn’t and pointed out that in their terms and conditions it stated that the carpet should be fully checked before fitting for any defects.

 

Several months passed during which we tried to get some response from the supplier and eventually in August an inspector was sent out to look at the defects and recommended that the manufacturer should replace the carpet. Finally in October we were offered either £75 compensation or a replacement carpet, but this would not include any refitting costs. We pointed out that we would be out of pocket if this did not include fitting. We contacted the manufacturer by phone who said they would go back to the supplier with a better offer.

 

We have now just been informed by the supplier that the manufacturer has withdrawn their original offer due to “recent emails/telephone calls sent/made by yourselves to the manufacturer of which they have repeatedly politely requested for you to contact ourselves due to the Contract of Sale Agreement”. We have been contacting both to try and get some progress! The supplier has now offered £100 or return the carpet and given us 7 days otherwise they will assume we no longer wish to pursue the claim.

 

We are wondering if we can get some fabric paint as near a colour as possible to touch it up ourselves but also wondered if they are being reasonable?

 

We have also contacted the fitters to see if they would be willing to refit it for free as perhaps they should have checked it first, but they say they won’t as it was not their responsibility to check it first.

[dx100uk]

name names and also when did you first inform the retailer of your issues?

[Steve48]

Delivered 12th January 2022, Fitted 14th January, retailer notified 4th Feb.

Supplier: Big Red Carpet Company, Manufacturer Penthouse Carpets

 

The Big Red Carpet Company | Flooring at the Lowest Prices

WWW.BIGREDCARPETCOMPANY.COM

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The Big Red Carpet Company offers all the top carpet, hard flooring and rug brands, including underlay & accessories, at the best supply only prices in...

 

[BankFodder]

We aren't here to advise you on whether you should use some fabric paint in order to conceal the defects in the item that you were sold.

We are here to advise you on your rights and how you can get 100% in return for the hundred percent that you paid.

On the basis of what you tell us, you have a perfect case. I wouldn't accept any half measures and I wouldn't accept any gestures of goodwill.

Ever worry about any threats made by the dealer. They are meaningless. Did the dealer make these threats in writing?

Would you like to have the value of the carpet return to you plus all your fitting costs? Are you prepared to issue a county court claim to achieve this with our guidance.

Your chances of success are pretty well 100%

[dx100uk]

complained/notified the retailer within 30 days...guaranteed 100% - not fit for purpose under consumer law - No Quibble allowed. Ever!!

 

dx

 

[Steve48]

Even though their T&C's state that it must be checked before fitting?

[BankFodder]

What do you the terms and conditions actually say about this?

If a quote from it – don't summarise.

Can you post up a picture in PDF format of what the defect looks like

[dx100uk]

T&C's meannothing, they can't over ride your consumer rights.

fitted or not fitted, the carpet is not fit for purpose.

 

rather telling really, that they must know they get inferior carpets if they want you to report faults before fitting.... means they know customers can also sue then for the fitting costs too..

 

dx

 

[Steve48]

T&C:

Please note, in the event of any complaint, if a replacement is authorised by the manufacturer, we are not liable for any fitting, uplifting or removal charges of any kind.

 

All inspections to your goods should be made prior to cutting and fitting the goods.

 

Under no circumstances will any complaint be accepted after a carpet has been cut into or fitted.

 

Once a replacement carpet has been authorised, the existing carpet should be uplifted and ready for collection at the point of re-delivery.

 

If the original carpet is not ready and uplifted, we will not be able to deliver replacement goods and you may be liable for further delivery charges.

 

Carpet.pdf

[BankFodder]

Thank you.

The stair carpet had to be cut – yes? From a larger piece so that the discoloured part at the edge was in fact of the larger patch of discolouration within a larger piece of carpet – yes?

[Steve48]

Carpet was cut on the right hand side only - the discolouration was on the edge of the left side and not cut - wasn't noticed until they were fitting it.

[BankFodder]

The consumer rights act says that items must be of satisfactory quality save as to any defects which were either brought to the attention of the customer or where an inspection was carried out, such defects as that inspection could reasonably have identified.

It seems to me that a contractual term which effectively puts a duty on a customer to inspect the goods and therefore to disclaim liability for any defects in the item on the basis that they should be noticed by the customer, is probably unfair and therefore unenforceable.

Who noticed this defect? Was it you or the installer?

[Steve48]

Quote

You notice this defect? Do you or the installer?

 

- The installer when they were fitting, so quite close to the carpet.

 

It seems to me that I am within my rights to have the carpet replaced (which was their original offer), but it still leaves the question of re-fitting - which they say they won't pay and therefore would leave us out of pocket.

 

Full refund doesn't really help as we'd have to buy it again and the price has gone up since January and would still have to pay for fitting (even if they refunded the original costs).

[BankFodder]

So how about listing out some costs .

Price paid.

Installation cost.

New carpet.

New installation cost?

 

 

Is there anything else?

 

 

 

 

 

 

 

 

I'm a bit concerned that you seem to be saying that the defect was noticed by the installer, but they continued to install it .

 

 

Can you tell us about that