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Consumer Rights: MoneySavingExpert.com discussion

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  • dizzydusty
    dizzydusty Posts: 82 Forumite
    Sixth Anniversary 10 Posts
    edited 25 January 2010 at 11:39PM
    Hi,
    Posted here in November about a problem with my carpet. It was suggested on here that the carpet has delaminated due to contact with water.

    I contacted the supplier who refuse point blank to acknowledge there is a problem with the carpet and want me to get it tested if I want to try and prove otherwise. Carpet is only 4 months and a bit old and I first reported the issue when it was only 2 months old. (they sent out a fitter, who pulled carpet back at the damaged areas showing a water mark on the backing and clear evidence of the backing having come away from the carpet)

    Carpet is advertised as suitable for high traffic areas, and bathrooms - implying to me that it can withstand contact with water (and I'm not being daft here, I'm not expecting it to cope with sodden, long term exposure to water, I am realistic, well I think I am:),

    Carpet samples all had pictures of spills, crayon drawings mud etc on a picture of the carpet, indicating to me it is cleanable - carpet states bleach can be used.

    I now have 2 large ish areas on the carpet, that have delaminated due to contact with water where they were 1) cleaned due to a doggie accident, and b) water was spilt by my son, but cleaned up using my vax by me till carpet was touch dry.

    I also have 2 areas that were spot cleaned showing same delamination, and a bit where the carpet is outside my bathroom door going the same way (no spills or cleaning as far as I know)

    I have phoned the supplier advising them of the additional problems but they still say its down to local damage, and up to me to get the carpet tested.

    I think the carpet has an inherent fault, and does not live up to the claims on the advertising. I am writing to the supplier now quoting the sales of goods act but cannot find the bit that states they are responsible for testing the fault if it is within 6 months.

    Any help would be appreciated as I want to get this spot on before I send it. Goods bought in Scotland btw if that makes any difference.

    What is my next step if the supplier still refuses to accept a fault in the carpet?

    Thanks in advance

    Dizzy
  • Art_2
    Art_2 Posts: 1,602 Forumite
    Dizzydusty wrote: »
    Hi,
    Posted here in November about a problem with my carpet. It was suggested on here that the carpet has delaminated due to contact with water.

    I contacted the supplier who refuse point blank to acknowledge there is a problem with the carpet and want me to get it tested if I want to try and prove otherwise. Carpet is only 4 months and a bit old and I first reported the issue when it was only 2 months old. (they sent out a fitter, who pulled carpet back at the damaged areas showing a water mark on the backing and clear evidence of the backing having come away from the carpet)

    Carpet is advertised as suitable for high traffic areas, and bathrooms - implying to me that it can withstand contact with water (and I'm not being daft here, I'm not expecting it to cope with sodden, long term exposure to water, I am realistic, well I think I am:),

    Carpet samples all had pictures of spills, crayon drawings mud etc on a picture of the carpet, indicating to me it is cleanable - carpet states bleach can be used.

    I now have 2 large ish areas on the carpet, that have delaminated due to contact with water where they were 1) cleaned due to a doggie accident, and b) water was spilt by my son, but cleaned up using my vax by me till carpet was touch dry.

    I also have 2 areas that were spot cleaned showing same delamination, and a bit where the carpet is outside my bathroom door going the same way (no spills or cleaning as far as I know)

    I have phoned the supplier advising them of the additional problems but they still say its down to local damage, and up to me to get the carpet tested.

    I think the carpet has an inherent fault, and does not live up to the claims on the advertising. I am writing to the supplier now quoting the sales of goods act but cannot find the bit that states they are responsible for testing the fault if it is within 6 months.

    Any help would be appreciated as I want to get this spot on before I send it. Goods bought in Scotland btw if that makes any difference.

    What is my next step if the supplier still refuses to accept a fault in the carpet?

    Thanks in advance

    Dizzy

    Write, recorded delivery, to the retailer and tell him the carpet is not of merchantable quality and under the Sale of Goods Act you are rejecting it. State that if the carpet isn't replaced or your money refunded within 10 days you will go to the Small Claims Court. If you paid by credit card then your card company is also responsible so copy them in on the letter.

    In the first 6 months it is not for you to prove a fault but for the retailer to prove there isn't one.

    Regards,
    Art.
  • toynlet
    toynlet Posts: 17 Forumite
    Hi there, I wonder if anyone shed some light on my little problem!!

    It's a bit of a long shot but.......In June 2008 I bought two sofa's from Habitat for my house on my credit card which I still have. Over time, the fabric from the cushions has started to stretch considerably and a small hole has appeared in the seat cushion. After paying around £1800 I'm quite anoyed that within two years they have started to show signs of wear and tear from using them in the way they were intended! I'm not the best complainer in the world, and would usualy put up with something rather than going through the hassle of complaining but this has really wound me up!!!!
    If anyone can provide any information on if I can get Habitat or my credit card company to help recoup some costs, I'll be very grateful!
    Thanks
    Steve
  • Would anyone know what rights i have in this situation.
    my 23 month daughter tripped infront of my oven on monday, her head made contact with the glass which shattered and caused several large cuts on her forehead, trip to a&e, no stitches thankfully but have been made aware the largest will scar
    surely oven doors should be reinforced, shatterproof?
    im just pretty gobsmacked that it could happen, i have three children under four and have my home pretty damn safe as far as it an be, i wasnt really aware this could happen, does it? should it?
  • Art_2
    Art_2 Posts: 1,602 Forumite
    janeygwynn wrote: »
    Would anyone know what rights i have in this situation.
    my 23 month daughter tripped infront of my oven on monday, her head made contact with the glass which shattered and caused several large cuts on her forehead, trip to a&e, no stitches thankfully but have been made aware the largest will scar
    surely oven doors should be reinforced, shatterproof?
    im just pretty gobsmacked that it could happen, i have three children under four and have my home pretty damn safe as far as it an be, i wasnt really aware this could happen, does it? should it?

    Any glass will shatter if hit hard enough. It's worth speaking to the supplier in case the glass was faulty but I doubt this or it would have shattered in use.

    Remember you have a responsibility of care and should have made sure a 2 year old was nowhere near an oven.

    Regards,
    Art.
  • Art_2
    Art_2 Posts: 1,602 Forumite
    toynlet wrote: »
    Hi there, I wonder if anyone shed some light on my little problem!!

    It's a bit of a long shot but.......In June 2008 I bought two sofa's from Habitat for my house on my credit card which I still have. Over time, the fabric from the cushions has started to stretch considerably and a small hole has appeared in the seat cushion. After paying around £1800 I'm quite anoyed that within two years they have started to show signs of wear and tear from using them in the way they were intended! I'm not the best complainer in the world, and would usualy put up with something rather than going through the hassle of complaining but this has really wound me up!!!!
    If anyone can provide any information on if I can get Habitat or my credit card company to help recoup some costs, I'll be very grateful!
    Thanks
    Steve

    Firstly you should contact Habitat and see what they have to say. Tell them your concerns and ask them to inspect the sofas. Come back to us once you have spoken to them.

    Regards,
    Art.
  • Art wrote: »
    Any glass will shatter if hit hard enough. It's worth speaking to the supplier in case the glass was faulty but I doubt this or it would have shattered in use.

    Remember you have a responsibility of care and should have made sure a 2 year old was nowhere near an oven.

    Regards,
    Art.
    thank you for your prompt reply though i was not expecting it to be offensive.
    i raise three children in my home my husband works, it is completely unrealistic to expect to leave three children under four alone in another room while i use the kitchen. had the oven been on i would more likely share your opinion.
    i am well aware of my duty of care to my children, my enquirey was about protecting children from this happening again and how to stop it not to have my capabilities as a mother qeestioned.
  • Hi can anyone help please..I bought a used car from a well known garage part ex my old car for £500 and paid £3000 cash 20 mins after picking it up it started to go wrong it started revving away on its own a sounded really bad,When i rang the dealership and said i didn't want the car and wanted my money back or even exchange for another car for the same value they say that point blank cant be done they are offering to fix it i do have warranty on it but i just don't want the car ive lost all confidence in it..Do i have any rights to get a refund or a exchange??
  • Hi there, first post so bare with me...
    I tried to sell an iphone on eBay and basically got scammed through one of their accounts and then hit with spoof emails which appeared to be from paypal and eBay saying they had funds etc etc... to cut a long and depressing story short - I sent off the phone :-( and of course received no money. eBay most helpfully sent an automated alert after item was posted and then deleted the listing and washing their hands of the whole affair!!
    Please tell me there is someone out there that can help..??
    I actually live in Richmond, so am contemplating a wee visit to their offices...
    Any advice would be really helpful,
    Cheers, Sara
  • Art_2
    Art_2 Posts: 1,602 Forumite
    sarakew wrote: »
    Hi there, first post so bare with me...
    I tried to sell an iphone on eBay and basically got scammed through one of their accounts and then hit with spoof emails which appeared to be from paypal and eBay saying they had funds etc etc... to cut a long and depressing story short - I sent off the phone :-( and of course received no money. eBay most helpfully sent an automated alert after item was posted and then deleted the listing and washing their hands of the whole affair!!
    Please tell me there is someone out there that can help..??
    I actually live in Richmond, so am contemplating a wee visit to their offices...
    Any advice would be really helpful,
    Cheers, Sara

    I'm sorry to say that I don't think ebay has any responsibility on this. You should have checked that payment had been received before sending the phone. It may be worth notifying the police.

    Regards,
    Art.
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