bad workmanship!

lisathehuggett

HI just need a bit of advice really. We had a carpet fitted on 29th Nov last year, the workmanship is poor and they have been back to rectify it twice. Even the boss has been around and said the job is embarrassing! However because the job was badly done the carpet has now started to fray in places and as a result we want it replaced as its unsatisfactory. The carpet fitters are now very hard to get hold of and we feel as time is dragging on the carpet wont b sorted out and we will be left in limbo. How would I go about threatening legal action and what steps would I nee to follow?

Really appreciate your time as we are a bit stuck!!
many thanks lisa

unholyangel

Letter before action (google it and you should find plenty of templates, keep it simple and stay away from emotional phrases - we're disappointed/upset/angry/whatever).

First I would ask though, have they admitted liability or have they tried to pass the blame on?

lisathehuggett

Thanks for getting back! they have agreed its a bad job, is that the same thing?

unholyangel

lisathehuggett wrote: »

Thanks for getting back! they have agreed its a bad job, is that the same thing?

More or less. But have they admitted it in writing? The thing to watch out for is blaming it on the carpet being substandard etc. If they havent admitted it in writing and subsequently refuse to admit it after you try to claim, you may need to get an independent report.

The term you're looking for is failing to carry out their duties with reasonable care and skill. Remember you do have a statutory duty to mitigate your losses but always worthwhile putting your complaint in writing and see what response they give first.

Have you already put your complaint in writing to them?

lisathehuggett

We don't have anything in writing its all verbal, but they all said its the workmanship and not the carpet and we haven't put a written complaint in yet.

jaybeetoo

How did you pay for it?

arcon5

To be honest, the fact they've twice offered remedial work would most likely be sufficient enough to persuade a judge your story is more probable if they later deny ever agreeing the work didn't meet the expected standard.
So unless they provide a credible report proving the contrary I dont think an independent report would be needed in this instance.

Before threatening legal action then tell them what you want first. A replacement I'm assuming?