Payment Reimbursement

Re: Reimbursement of the Payment – the structure and service renderednot matching description of the agreement.
Hello,
I would like to explain the reasons for reimbursement of mypayment of poor workmanship rendered.
At the end of May 2014, we signed an agreement for 13 treadssolid oak staircase. The full quote for completed work was £2,900.00. As agreedin contract 50% of the quoted amount was paid as the deposit (£1,450.00)Payment was made by debit card (visa). As per contractor instruction, thesecond payment was made in cash of £1,100.00. The deposit payment was made whenwe agreed to proceed with the job. The second payment was made after partiallycompleting the job on site. This would be followed by balance remaining of£350.00 after installation of cut string or backing stringer and completing thejob to owner’s satisfaction. The third phase of the project was agreed wouldcommence after a 2 month period by which time the rest of the new build kitchenwould have been completed by us. This was actually a very good and convenientarrangement as the staircase had time to settle.

I would like to highlight the following:
After the staircase was partially installed we noticed thatthe vertical sections of the steps (raiser) was 5mm deep and it should havebeen 10 mm deep at a slant. We broughtthis to the contractor attention. However, we decided to accept thedifferences.

Meanwhile, while we were walking up or down the staircasestairs it was making an unbearable creaking sound and, upon closeinvestigation, we discovered splits within the riser steps. We contacted the contractor and he ensured usthat he would fix the splits by replacing the steps with new steps on the thirdphase of the project and he explained that the reason for the creaking sound hadto do with the staircase not being properly supported and would also be resolvedby him. After completing the painting within the house, we removed the filmprotection from the staircase and we noticed more splits within the steps. Icontacted the local timber expert who confirmed my suspicion that the wood usedfor the staircase was not solid oak but compressed oak wood used for kitchenworktops. The reason for the creaking sound has to do with the 2mm gaps betweenthe risers and stair carriage. The screws are also not properly drilled.
We brought these facts to the contractor’s attention, butunfortunately he refuses to replace the staircase or return the money.

Can you please confirm if I can make a claim under section 75of the Consumer Credit Act.

Ideally I would like to get full payment back and re-employ aproper craftsman.

I would be grateful for your advice on the above matter.

Kind regards,

Ela