Refund or replacement on a wooden door (that I'm still using)

kittyl48

Hi guys,

I'd appreciate some help with this one.

I bought a new pine exterior door and had a carpenter in to fit it to my property last year. I undercoated and primed and glossed it exactly as you should.

The door cost about £150, the labour for fitting about another £125.

Anyway, over the winter, it warped really badly. First it was just stiff in the frame, so I planed it back a bit (and sealed it again) but eventually it got so bad it just wouldn't open at all (I don't use my back door often in winter - I've learnt that mistake). My carpenter kindly came back to fix it for free and levered it open, planed it and rehung it. He said it was one of the worst stuck doors he'd ever seen. He pointed out to me that all the joints in the door were splitting, and the door was rubbish and must have been made of timber that wasn't seasoned properly, and I should ask for a refund from the company I bought it from.

Several months and lot of forms and photographs later, the company said that "as as a gesture of goodwill they are willing to provide a replacement door"

Now. I don't really want a replacement, as I'll have to pay another £100+ for labour for someone to come and hang the thing, and chisel out the locks etc; not to mention my own time for putting on another 6 coats of paint.

The rubbish faulty door is actually working ok at the moment, and added to the fact I don't want to go to all the trouble of fitting a new door from the same company only to have it swell shut again this winter, means I don't really want to replace it.

Can I ask / get a refund, even if I'm using the door? I might accept a new door if they paid for labour costs (otherwise I will be significantly out of pocket) but I will be amazed if they agree to do that.

My other half suggests I accept the new door and sell it on eBay, but I know I won't get much for it and it sounds like a faff.

What should I do, and can I bring down the wrath of trading standards to get some of my money back? Or does the 'goodwill' thing mean that they don't really accept responsibility?

neilmcl

kittyl48 wrote: »

Now. I don't really want a replacement, as I'll have to pay another £100+ for labour for someone to come and hang the thing, and chisel out the locks etc; not to mention my own time for putting on another 6 coats of paint.

But you would have to that anyway if you got a refund and bought a new door. Or are you trying to get away with getting a refund AND keeping the door?

kittyl48

Yes, but if I get a refund I might not have to replace the door for another x years, and I can get one from a more reputable supplier.

So in other words, yes I would prefer to get the refund and then hang on to the money, and keep the substandard door until it it splits so badly it becomes totally unusable.

shaun_from_Africa

kittyl48 wrote: »

So in other words, yes I would prefer to get the refund and then hang on to the money, and keep the substandard door until it it splits so badly it becomes totally unusable.

The seller would probably want the old door back as they may well be able to return it to their supplier for a refund.
You might have more luck with them if you state that you would be willing to accept a partial refund if you are able to keep hold of the faulty door.

kittyl48

Ok, so what would be a reasonable amount of partial refund to suggest?

60%? 75%?

shaun_from_Africa

Personally I would ask for about 75% and take it from there,
The seller might accept this if it's less than a new door would cost them but it they already have a door in stock that they want to shift, they may insist on you taking that.

All you can really do at this point is to ask and see what they say.

kittyl48

Thanks. Will do

kittyl48

Ok, so they won't accept 75% refund, maximum is £60 (about 33%).

They won't pay for fitting, but do want to take the old door away when they supply the new one.

I presume I will get some kind of break in between them supplying the new door and taking the old one away.

Do I have any room for manoeuvre on this one?

unholyangel

(2)If the buyer requires the seller to repair or replace the goods, the seller must—
(a)repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;
(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

Has it been more than 6 months from purchase or are they denying it is an inherent fault?

kittyl48

Both. I bought the door end of June last year, and complained at the start of March.

I don't think that they are accepting that it is faulty: "...Although they were concerned about the differing Manufacturers products you have used on the door, [I have used different brands of primer and undercoat - but good well-known brands! Wickes and Dulux etc!] as a gesture of goodwill, they are willing to provide a replacement door for you.

.....

This offer is strictly without prejudice and will be taken as full settlement with no admission of liability and no further subsequential costs involved."

I am sensing something fishy about the fact that they will do a replacement, but want the old door back, but I will be out of pocket for the labour costs due to their fault (or the manufactuerers fault) for supplying a dodgy product in the first place. :mad:

unholyangel

If you get an independent report stating the nature of the fault is inherent (and not down to incorrect treatments for example), they would be responsible for reasonable costs incurred.

The problem is that after 6 months, the burden of proof changes so its up to the consumer to prove the faults inherent (prior to that deadline its up to the retailer to prove its not inherently faulty).


In short, they are providing you with a goodwill gesture at the moment - over and above your statutory rights.