Custom made hearth problem (moved)

leadyb

I know this is off topic but I can't seem to find the post new topic button so can a moderator please put this in the right place...

I need some advice on a purchase I made over the internet.

I bought a fire and surround over the internet, and paid extra to get a custom made hearth as it had to be bigger than the standard size. However when the hearth was opened one of the three slabs fell off and the hearth was broken, so after some rather heated debating with the shop owner over the phone he agreed to fix the hearth.

It has now been 6 weeks and we are being fobbed woff with different excuses as to why it is not available. We need the hearth to install the rest of the fire, but we cannot wait forever to get it back.

Can I get a refund on the hearth as it was itemised seperately on my bill, and even though it is custom made it came faulty and has taken 40 days so far from him receiving the hearth back (I have email confirmation of this) to now. Or, since it is custom made am I to wait indefinately for this hearth?

Finally, what would happen if I told him I wanted a refund, went elsewhere then he sent the hearth?

Any thoughts/ previous advice would be incredibly helpful and appreciated as we really do not know what to do!

arcon5

leadyb wrote: »

I know this is off topic but I can't seem to find the post new topic button so can a moderator please put this in the right place...

I need some advice on a purchase I made over the internet.

I bought a fire and surround over the internet, and paid extra to get a custom made hearth as it had to be bigger than the standard size. However when the hearth was opened one of the three slabs fell off and the hearth was broken, so after some rather heated debating with the shop owner over the phone he agreed to fix the hearth.

It has now been 6 weeks and we are being fobbed woff with different excuses as to why it is not available. We need the hearth to install the rest of the fire, but we cannot wait forever to get it back.

Can I get a refund on the hearth as it was itemised seperately on my bill, and even though it is custom made it came faulty and has taken 40 days so far from him receiving the hearth back (I have email confirmation of this) to now. Or, since it is custom made am I to wait indefinately for this hearth?

Finally, what would happen if I told him I wanted a refund, went elsewhere then he sent the hearth?

Any thoughts/ previous advice would be incredibly helpful and appreciated as we really do not know what to do!

Repairs must be done within reasonable time and without significant inconvenience. 40 days certainly does seem excessive and verging becoming unreasonable meaning you can reject it for a full refund.

However, you can also argue you have in law never been deemed to have 'accepted' the goods.

In the interest of ensuring a judge sees your actions as reasonable, send them a letter or email insisting the repair is completed within 14 days (?) otherwise you will consider the contract rescinded and request a full refund.

New thread link: http://forums.moneysavingexpert.com/newthread.php?do=newthread&f=173
Or PM 'Squeaky', he should be able to split the topic.