bad kitchen worktop fitting experience - help needed

Mr_Incredible

so we decided to have a black starlight quartz worktop, I did a lot of research into the product and got several quotes, haggled and decided to go, not with the cheapest suppler and fitter but with the one that I had the most confidence in after the sales pitch harped on about their quality of product in ashark infested market blah blah.

Anyway they came to fit it and turned up late will failing daylight, fitted it and it looked ok and I was tired, they thrust this piece of paper for me to sign which I did.

next day when I get up I'm begining to notice a few imperfections and a couple of chips in the quartz, some sloppy silicone and sealant application.

Now I paid 50% of the £2000 agree price up front with the idean that I would pay the balance after the fitting.

The lady phones up the very next day wanting payment, I say well the fitters told me it would take 24hrs for the sealant to dry so lets have this conversation tommorrow.

I notice more problems like where they had templated the splash back it was missaligned, also one of the sills wasn't fitted properly.

I told this to the lady when she called and she said "well you signed then paper saying it was ok"

I said yes I did but that was in bad light and before the sealand etc was even dry so take that for what it is, I'm now viewing it in the cold light of day and there are problems that need resolving before I pay the balance.

She passed the phone to the fitter that did the job who told me in his broken English that I have one hour to pay or he's going to come and rip out the worktop!!!!??

I said well you'll have to get past me first and then I believe in any case you would have to break into my house and you'd be tresspassing on my property.

Not one to duck a confrontation I went straight to their yard, said fitter wasn't there and I spoke to one of the other staff who was most apologetic and offered to drop £50 off the price that I had incurred for a second templating they did especially for the hob extractor splash back.

It peeves me also that they didn't get the sill right after the templating, they blamed the builder for not getting the return straight, but to my mind that is what templating is for, to match the shapes.

My questions are:

1) Am I screwed because I signed the paper?
2) Surely he can't 'legally' enter my property to remove this which would cause damage in doing so? I wouldn't let him anyway he'd be going away in a body bag.
3) I've asked for the manager himself when he's back of holiday to come and view for himself and perhaps we can reach agreement

I'd just like some legal backup as to where I stand consumer wise?

Mr_Incredible

Bump anyone have a view

paddyrg

Try the home forum here, lots of builders and associated opinions there, you may get more (and better informed) thoughts

Meepster

Consumer wise: You are well within your rights to hold back on partial payment until you are satisfied with the installation. Just because you signed the paper, it doesn't mean you are now "stuck" with it. However, you must allow them access to rectify the problems.

Personally, I'd be waiting to hear back from the manager and ask him to attend, along with the fitter, so you can identify a solution to your concerns...

arcon5

And no they can't just enter your property to rip it out again.

Look at the contract it may have something about transfer of title which says goods are not yours until balance is cleared.. however this may not be enforcable if it now forms part of the building so they would have to chase for the money. Even so, they can't enter your property.

Agree wit above poster, the paper you signed doesn't waiver your rights!

Your in a very good position, in that you haven't paid the full balance.

If I was you I would ask for a different workman though, if he's going to be making threats you shouldn't allow him back in your house.

Mr_Incredible

Acron5 and Meepster thank you very much for your helpful concurence and reassurance. I have iindeed asked for the manager to come round and inspect and have made it clear that the fitters are not welcome.

Mr_Incredible

arcon5 wrote: »

And no they can't just enter your property to rip it out again.

Look at the contract it may have something about transfer of title which says goods are not yours until balance is cleared.. however this may not be enforcable if it now forms part of the building so they would have to chase for the money. Even so, they can't enter your property.

Agree wit above poster, the paper you signed doesn't waiver your rights!

Your in a very good position, in that you haven't paid the full balance.

If I was you I would ask for a different workman though, if he's going to be making threats you shouldn't allow him back in your house.

PS I don't think they left me a copy of the contract!

arcon5

Mr_Incredible wrote: »

PS I don't think they left me a copy of the contract!

No worries. The main point still stands though, in that they can't simply enter your home and rip out the items.

Hopefully they will come & look, apologise and sort it out.

Let us all know how you get on

Mr_Incredible

arcon5 wrote: »

No worries. The main point still stands though, in that they can't simply enter your home and rip out the items.

Hopefully they will come & look, apologise and sort it out.

Let us all know how you get on

will do thanks mate

Mr_Incredible

LOL never gave the final outcome on this.

The company owner came and redid everything himself to our satusfaction taking broadly three times as long as the originaly team of goons

Meepster

Aaaaah good, glad you managed to get it sorted