Faulty bath - who has to pay?

arcon5

bris wrote: »

http://www.oft.gov.uk/business-advice/treating-customers-fairly/sogahome/sogaexplained

Read number 7
I agree the retailer should replace the faulty bath but
the way I see it the fitter did not check for problems after they fitted it, so consequential losses will be their liability and not the retailers.

What bit exactly? All it says about installation is

The customer also has these rights if the installation of goods is not satisfactory.The installation is fine -- the issue is op asked for a faulty bath to be installed. Not the fitters problem i'm afraid.

It's not exactly rocket science for the fitter to turn on the tap and see water pouring out of it, it should have been caught before the damage was done.

exactly, it's not rocket science to turn a tap on and check the bath. It doesn't require any skill what so ever -- therefore op could have checked it without the expertise of the fitter.

Op asked the fitter to install the bath supplied, which is precisely what the fitter did.

if op has a claim for the cost of installing it, then it's not from the fitter but from B&Q for consequential loss (as already said).

nzmegs

The first thing you need to do is stop using the bath in its current state. it is obvious the problem is going to get worse and you are aware of it now. Your insurance company may not take kindly to the fact you continue to use a faulty bath if the ceiling collapses.

You may be able to fill the hole with a sealant kit, but it is madness to keep using it. At the very least put a container under the bath the catch the drips.

As already pointed out - a fitter will usually fill a bath to ensure it is sitting level and that his plumbing is not leaking. A tiny hole in a bath may not manifest itself until the bath has been used for some time. The fitter is not at fault.

B&Q will often use this line about if you use their own fitters you are covered for any losses. this is rubbish. their product is not fit for purpose and has caused damage. They are liable for the lot. From what I have heard their fitters aren't exactly known for doing the best job anyway.

sbock

thanks for the responses.

I have a tray under the leak - so we are not doing any further damage. And we use quick showers rather than soaks in the bath to minimise dripping.

Its our only bathroom, and as this might still take months before being resolved, I have to use the bath in some way.

B&Q have resorted to ignoring me now by not returning promised calls. I will keep on to them.

thanks,
S

sbock

Hello again,

I spoke to Consumer Direct and was told B&Q were liable for my financial losses. They sent me a letter template to post to them, and the last line should be when I expect a response by.

How much time would be a reasonable time to ask them to respond by?

thanks a lot!
S

wealdroam

sbock wrote: »

Hello again,

I spoke to Consumer Direct and was told B&Q were liable for my financial losses. They sent me a letter template to post to them, and the last line should be when I expect a response by.

How much time would be a reasonable time to ask them to respond by?

thanks a lot!
S

IMHO, 14 days.

sbock

thanks - sounds reasonable.

next question, should I send this to the store I bought it from, or straight to the head quarters?

thanks,
S

wealdroam

sbock wrote: »

thanks - sounds reasonable.

next question, should I send this to the store I bought it from, or straight to the head quarters?

thanks,
S

For the cost of an extra stamp, why not send it to both?
State in your letter that you have done that though.

CoolHotCold

Do both like the other poster says, but all the store will do is forward (either by fax/email/post) the letter onto head office as everything is centralised.

pinkshoes

Definitely send it to both.

As someone who knows a fair bit about materials, it's likely that the fault was initially a weakness that wouldn't have been spotted upon installation, and that due to pressure of water and body weight over time (frequent baths/showers), would have expanded to let water through.

An initial test of filling the bath with water wouldn't have necessarily highlighted this, and how many fitters fill the bath with water then sit around for 2 hours to see if it leaks???

You might have to get an independent person to come and review the bath and write a report, as clearly B&Q have already shown their true colours and are prepared to lie (i.e. denying the fault until you highlighed you'd seen the report, then threatening to sue their report person! - pathetic!).

Give them 14 days to reply.

sbock

thanks very much - nearly done with the letter!!

You have all been very helpfull and I will let you know of any (interesting) developments.

S