Section 75 on fitted bedroom furniture

TheBigBad

I bought fitted wardrobes from Starplan. They were to be fit yesterday.

They measured up incorrectly and now they want me to have a plug socket moved about 18 inches. They have also rescheduled my installation to August 21st (their next available date).

I do not accept either of these. They measured up, they designed, they did the plans.

To make matters worse, I already had fitted wardrobes in the room but I had them taken out on Thursday and had my carpets removed as Starplan said the furniture would sit best on floorboards. My new carpets are due to be fit next week.

The total cost was £4000 but I paid £300 deposit on my barclaycard on the day of purchase. I wan them to pay for the electrcian to move the socket and to arrange my install in a reasonable timeframe (14 days maybe?).

If they cannot rectify their error and its knock on effects in a reasonable timeframe can I simply have Barclaycard refund me the full cost via S75?? Starplan are already refusing a refund as they have already the built the furniture (the fact that it is incorrect seems lost on them).

grumbler

TheBigBad wrote: »

If they cannot rectify their error and its knock on effects in a reasonable timeframe can I simply have Barclaycard refund me the full cost via S75??

I don't see why not, but it can be not that simple. They can refuse and ultimately you'll have to sue them or the supplier or the both together.

IMO, the supplier definitely has to pay the cost of moving the socket and to offer more reasonable timescale. Failing that, they have to pay a compensation big enough to cover the cost and to satisfy you for the inconvenience.

chattychappy

Agree.

I would also check the T+Cs you agreed to. For example, did they refer to the possibility of electrical working being necessary and that this is your responsibility?

What did it say about delivery estimates?

Just because something is in the T+Cs doesn't make it legally valid. But it is another tier of complication.

My first stab is that it is arguable either way as to whether you are entitled to a full refund as it seems unlikely that enough has happened/not happened to cancel the job. Yes it might be late (time probably wasn't "the essence"). Yes there might be additional costs. The contractor (and therefore Barclaycard) might be liable under s75 for this.

al69

Were you given a 7 day cooling off period in writing ? The consumer protection regs make it quite clear that if anyone comes to your home to offer goods or services over £30 (i think its that amount) they have to give you a 7 day cooling off period in writing.
Failure to do this can lead to prosecution by trading standards.

Bascially the regs were updated a couple of years ago or so and consumers have been given a lot more power via these regs.

Im sure they company involved will be quite willing to give the money back if they are under threat of prosecution by trsding standards for not complying with the consumer protection regulations.

You may also find its a possible breach via misleading practices.Ie you wouldnt have agreed the sale if you knew the socket needed to be moved before you placed the order.

It wont let me post a link so www. in front of the below

.oft.gov.uk/713560/publications/guidance/cprregs/#.UcVub9gyGSp

grumbler

al69 wrote: »

Were you given a 7 day cooling off period in writing ? The consumer protection regs make it quite clear that if anyone comes to your home to offer goods or services over £30 (i think its that amount) they have to give you a 7 day cooling off period in writing.

Generally, DSR don't apply to tailor-made or personalised goods.

TheBigBad

If they had taken the socket into account then they would have designed the bedroom around that. I have had it moved now, I will be taking the bill into the shop this week.

The shop are currently saying that the job should have been carried out and that there were a couple of alternative solutions (both of which I am fine with). They agree that the fitter offered to do it this Saturday so they should stick to it. I am awaiting confirmation tomorrow.

al69

grumbler wrote: »

Generally, DSR don't apply to tailor-made or personalised goods.

Very true but this isnt the distance selling regulations its the door step selling regulations because they came out to the home to measure up.

Its a poweful bit of legislation worth remembering if anyone comes to your house to provide goods or services.

More information here
www. gov.uk/doorstep-selling-regulations