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Successful claim for entire bathroom...

A large national bathroom company (whose name I will not give on porpoise but have posted about before on here, and to whom I will not give a seal of approval) have totally capitulated and refunded our entire payment of nearly £14,000, paid us for damage to the ceiling of the room below the bathroom, allowed us to keep the goods and also have eventually refunded a £12 surcharge on my Mastercard which I received when they took the deposit twice and put me over the limit. (I now owe that to MBNA as they have also refunded this!)

The list of problems is long, very long - fitters and managers repeatedly not turning up, a toilet that does not flush properly, a shower unit that falls off the wall despite three or four attempts to fix, a heated towel-rail that does not work properly, damage to the ceilings of the bathroom and the room below, a sink-outflow pipe that "flows" uphill, a sink and bath that drain into the shower, incorrectly fitted underfloor heating, an airing-cupboard door that looks like it was re-fitted by a trained monkey, fittings that spin on the wall, grouting placed in gaps where tiles should be and so on and so on and so on.

Their standard response was to repeatedly (i.e. fifteen or sixteen times) offer to send a different team of fitters who the project manager "personally trusted" (and what about the first lot then - we were told they were one of their best teams?) despite us saying no every time. It rapidly became clear that this was their standard tactic, as evidenced by the bathrooms shown on Watchdog a few weeks ago, and indeed, the kitchens from Moben Kitchens in the more recent Watchdog. Just say No!

When Dolphin eventually capitulated the head of services told us that we could keep the goods because they "didn't want to leave us without a bathroom for two weeks while theirs was ripped out". Shame they didn't think that was important in the spring when we had an incomplete bathroom for over two months. No, they probably just wanted the cheapest way out.

Also of note: Half was paid via my MBNA mastercard and MBNA claimed the money back twice under charge-back, and the bathroom company only claimed it back once. MBNA were nothing but helpful throughout this year-long struggle with the bathroom company.

The other half was paid via my wife's Lloyds TSB mastercard and they refused to help, saying there had been no breach of contract. This was despite photographic evidence, a detailed written history and an expert witness describing the bathroom as amateurish and shoddy. Eventually the Financial Ombudsman stated that Lloyds had acted appropriately despite Section 75. We suspect that the FO and Lloyds were counting on Dolphin (damn, the name slipped out) paying up.

If anyone applied pressure, we suspect it was the Furniture Ombudsman in that they acted as a broker for an offer of £1,000 compensation on top of the MBNA money, but again we stuck to our guns and said no, and demanded a full refund.

Lessons:

1. Don't quit.
2. Crucially (we think) we told Dolphin within the 120 days that one has to return goods that their workmen were not to return.
3. We had kept a daily diary of events which we started as soon as the fitters failed to arrive on day one.
4. We have copious photos of the bodged work.
5. Everything else was noted - phone calls, dates, times, names of the people spoken to, unreturned calls, even phrases used.
6. We obtained an expert witness report from someone with years of experience as well as the proper letters after his name.
7. We followed some legal advice to make sure that Dolphin were told to come and collect their goods - apparently this is an important legal requirement.
8. Don't quit. The service was outrageously poor and we were (are) indignant that we could be treated like cash-fodder.
9. Once Dolphin started to make offers of recompense, all correspondence was headed "Without Prejudice"; this is very important if you are possibly going to court, which we would have done if necessary. It stops the opposition from throwing your correspondence back at you in court saying, "Ah but here you wrote you would accept this..."
10, 11, and 12. Finally, don't quit. You are in the right, they are in the wrong, so do not give up.

HTH.
«134

Comments

  • poet123
    poet123 Posts: 24,099 Forumite
    On porpoise:rotfl::T Dolphin.....

    Well done, it sounds like a hard fought battle.:beer:
  • trumpton
    trumpton Posts: 1,070 Forumite
    Well done, an excellent result. You did well to persevere - companies count on people just giving up because it is traumatic and draining to grind away at them for so long.
  • hawker955 wrote: »
    A large national bathroom company (whose name I will not give on porpoise but have posted about before on here, and to whom I will not give a seal of approval) have totally capitulated and refunded our entire payment of nearly £14,000, paid us for damage to the ceiling of the room below the bathroom, allowed us to keep the goods and also have eventually refunded a £12 surcharge on my Mastercard which I received when they took the deposit twice and put me over the limit. (I now owe that to MBNA as they have also refunded this!)

    The list of problems is long, very long - fitters and managers repeatedly not turning up, a toilet that does not flush properly, a shower unit that falls off the wall despite three or four attempts to fix, a heated towel-rail that does not work properly, damage to the ceilings of the bathroom and the room below, a sink-outflow pipe that "flows" uphill, a sink and bath that drain into the shower, incorrectly fitted underfloor heating, an airing-cupboard door that looks like it was re-fitted by a trained monkey, fittings that spin on the wall, grouting placed in gaps where tiles should be and so on and so on and so on.

    Their standard response was to repeatedly (i.e. fifteen or sixteen times) offer to send a different team of fitters who the project manager "personally trusted" (and what about the first lot then - we were told they were one of their best teams?) despite us saying no every time. It rapidly became clear that this was their standard tactic, as evidenced by the bathrooms shown on Watchdog a few weeks ago, and indeed, the kitchens from Moben Kitchens in the more recent Watchdog. Just say No!

    When Dolphin eventually capitulated the head of services told us that we could keep the goods because they "didn't want to leave us without a bathroom for two weeks while theirs was ripped out". Shame they didn't think that was important in the spring when we had an incomplete bathroom for over two months. No, they probably just wanted the cheapest way out.

    Also of note: Half was paid via my MBNA mastercard and MBNA claimed the money back twice under charge-back, and the bathroom company only claimed it back once. MBNA were nothing but helpful throughout this year-long struggle with the bathroom company.

    The other half was paid via my wife's Lloyds TSB mastercard and they refused to help, saying there had been no breach of contract. This was despite photographic evidence, a detailed written history and an expert witness describing the bathroom as amateurish and shoddy. Eventually the Financial Ombudsman stated that Lloyds had acted appropriately despite Section 75. We suspect that the FO and Lloyds were counting on Dolphin (damn, the name slipped out) paying up.

    If anyone applied pressure, we suspect it was the Furniture Ombudsman in that they acted as a broker for an offer of £1,000 compensation on top of the MBNA money, but again we stuck to our guns and said no, and demanded a full refund.

    Lessons:

    1. Don't quit.
    2. Crucially (we think) we told Dolphin within the 120 days that one has to return goods that their workmen were not to return.
    3. We had kept a daily diary of events which we started as soon as the fitters failed to arrive on day one.
    4. We have copious photos of the bodged work.
    5. Everything else was noted - phone calls, dates, times, names of the people spoken to, unreturned calls, even phrases used.
    6. We obtained an expert witness report from someone with years of experience as well as the proper letters after his name.
    7. We followed some legal advice to make sure that Dolphin were told to come and collect their goods - apparently this is an important legal requirement.
    8. Don't quit. The service was outrageously poor and we were (are) indignant that we could be treated like cash-fodder.
    9. Once Dolphin started to make offers of recompense, all correspondence was headed "Without Prejudice"; this is very important if you are possibly going to court, which we would have done if necessary. It stops the opposition from throwing your correspondence back at you in court saying, "Ah but here you wrote you would accept this..."
    10, 11, and 12. Finally, don't quit. You are in the right, they are in the wrong, so do not give up.

    HTH.
    What a relief to read this one year into a very similar struggle with Dolphin. It gives me the faith to keep fighting on. We have everything documented / photographed etc and the description above is a carbon copy of our experience of their 'service'.
  • maninthestreet
    maninthestreet Posts: 16,127 Forumite
    Part of the Furniture
    Sounds like you had a WHALE of a time....
    "You were only supposed to blow the bl**dy doors off!!"
  • bosseyed
    bosseyed Posts: 475 Forumite
    hawker955 wrote: »
    A large national bathroom company (whose name I will not give on porpoise but have posted about before on here, and to whom I will not give a seal of approval) have totally capitulated and refunded our entire payment of nearly £14,000, paid us for damage to the ceiling of the room below the bathroom, allowed us to keep the goods and also have eventually refunded a £12 surcharge on my Mastercard which I received when they took the deposit twice and put me over the limit. (I now owe that to MBNA as they have also refunded this!)

    The list of problems is long, very long - fitters and managers repeatedly not turning up, a toilet that does not flush properly, a shower unit that falls off the wall despite three or four attempts to fix, a heated towel-rail that does not work properly, damage to the ceilings of the bathroom and the room below, a sink-outflow pipe that "flows" uphill, a sink and bath that drain into the shower, incorrectly fitted underfloor heating, an airing-cupboard door that looks like it was re-fitted by a trained monkey, fittings that spin on the wall, grouting placed in gaps where tiles should be and so on and so on and so on.

    Their standard response was to repeatedly (i.e. fifteen or sixteen times) offer to send a different team of fitters who the project manager "personally trusted" (and what about the first lot then - we were told they were one of their best teams?) despite us saying no every time. It rapidly became clear that this was their standard tactic, as evidenced by the bathrooms shown on Watchdog a few weeks ago, and indeed, the kitchens from Moben Kitchens in the more recent Watchdog. Just say No!

    When Dolphin eventually capitulated the head of services told us that we could keep the goods because they "didn't want to leave us without a bathroom for two weeks while theirs was ripped out". Shame they didn't think that was important in the spring when we had an incomplete bathroom for over two months. No, they probably just wanted the cheapest way out.

    Also of note: Half was paid via my MBNA mastercard and MBNA claimed the money back twice under charge-back, and the bathroom company only claimed it back once. MBNA were nothing but helpful throughout this year-long struggle with the bathroom company.

    The other half was paid via my wife's Lloyds TSB mastercard and they refused to help, saying there had been no breach of contract. This was despite photographic evidence, a detailed written history and an expert witness describing the bathroom as amateurish and shoddy. Eventually the Financial Ombudsman stated that Lloyds had acted appropriately despite Section 75. We suspect that the FO and Lloyds were counting on Dolphin (damn, the name slipped out) paying up.

    If anyone applied pressure, we suspect it was the Furniture Ombudsman in that they acted as a broker for an offer of £1,000 compensation on top of the MBNA money, but again we stuck to our guns and said no, and demanded a full refund.


    HTH.

    :rotfl: It slipped out a lot earlier than you realised!

    And well done for persevering and getting the result you deserved.
  • Well done on persevering and some very useful advice there! I will make sure to remember it if something like that happens to me.
  • Sounds like you had a WHALE of a time....

    Did you type one word in capital letters on porpoise?
  • Thanks for all the responses, but I now have to re-open the battle.

    The new fitters are in and in approximately five days have done what Dolphin couldn't seem to do in two months, i.e. fit a shower securely, seal pipes securely, place sheets on the wooden stairs so they don't get (more) damaged, and fix the ceiling etc. However, I should have guessed that with all the visible faults that there would be more under the surface...

    The pipework to the heated towel rail was intended to be buried in a channel in the wall, as in the plans, but the previous fitters just boxed over the pipes instead. The current fitters removed the bxoing and guess what? The pipes have been leaking behind the boxing and under the tiling and soaking into the floor boards which need replacing. Cue extra work number one.

    Also (and those of a squeamish disposition should look away now and read no further) the toilet outflow and cistern were boxed in, this time as planned, and the new fitters had to remove the boxing because the cistern has not been working properly.

    Can you guess what is coming next?

    The floorboards inside the boxing and behind the toilet were soaked in brown fluid that smells of sh.. errr, faeces, and on closer inspection had just started to soak in to the ceiling of the room below. Yep, the toilet outflow pipe had not been fully sealed and had been leaking said fluid for the last few months. We had noticed a smell but had thought it due to the toilet not flushing properly plus the smell from the cocked-up drainage from sink, bath and shower. So this leakage has led to extra work number two. So to speak.

    So there we have it. Dolphin employ absolute morons to do their work because otherwise it beggars belief how bathroom fitters can be so incredibly, utterly and totally incompetent. I am currently wondering what the postage would cost for several brown, wet floorboards to be posted to the Dolphin Customer Services department.

    Watch this space.
  • darkpool
    darkpool Posts: 1,671 Forumite
    hawker955 wrote: »
    Their standard response was to repeatedly (i.e. fifteen or sixteen times) offer to send a different team of fitters who the project manager "personally trusted" (and what about the first lot then - we were told they were one of their best teams?) despite us saying no every time.
    HTH.

    Am i reading this correctly? The company offered to send fitters round to fix the problems and you just kept on saying no?
  • Azari
    Azari Posts: 4,317 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    darkpool wrote: »
    Am i reading this correctly? The company offered to send fitters round to fix the problems and you just kept on saying no?

    Yes, because if they'd said yes they probably wouldn't have a house left by now. :D
    There are two types of people in the world: Those that can extrapolate information.
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