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What rights to claim under

Hi All,

This is a long and complicated email for a third party and help in the direction to go is desperately required. Here goes

Saved for years, bought a stove and had it fitted, not signed off installation as there was a problem with stove air flow but would sign it off once replacement arrived and installed. In the meantime retailer stopped selling stove and installer emigrated. The Manufacturer brought and replaced the stove and their own men fitted it (however were not qualified to do so). Further complaint on the damage these men did to the flue, and stove smoking issues, and the manufacturer commissioned a 3rd party to legally install. The stove itself is showing poor finish already, and has only been lit a few times in all this time.

Anyway problems began again a few weeks later and so my friend had chimney work done on roof thinking only thing left. When these engineers arrived they condemned the installation of the stove as being unsafe.

Shock and complaint to manufacturer that stove is not fit for purpose and installation is dangerous. Requesting an end to everything, a refund and payment for a new installation as understands that should be no worse off than at the beginning.

This is refused and my friend told that any complaint with the workmanship of the 3rd party installation, was nothing to do with them. Yet my friend never commissioned or employed him the manufacturer did!

Can anyone please advise on a way forward with this. Is small claims the right direction when my friend doesn't have much money.

Comments

  • Bantex_2
    Bantex_2 Posts: 3,317 Forumite
    Any claim would be with whoever sold it to you.
  • Squizz
    Squizz Posts: 20 Forumite
    How can it be the original supplier when the manufacturer has stepped in?

    What can my friend ask or expect from the original supplier?

    All my friend wants is to have a new stove (from a different manufacturer seeing as 2 duds already) installed when the other is removed and without being out of pocket through no fault of her own.

    The manufacturer employed the rogue trader, the manufacturer replaced with a different model after the first was faulty and this one too is showing poor manufacture after very little use.
  • browneyedbazzi
    browneyedbazzi Posts: 3,405 Forumite
    I've been Money Tipped!
    Consumer rights under Sale of Goods Act are with the person you contracted with. That is the original supplier. You can expect the supplier to either remedy the problem (repair/replace) or refund.

    If the works carried out by the manufacturer has caused damage then it may be possible to claim damages from them (if you can prove the damage and that they caused it) - that isn't a consumer rights issue though, it's tort.
    Common sense?...There's nothing common about sense!
  • Squizz
    Squizz Posts: 20 Forumite
    Thank you both.

    No one solution to fix both then....
  • Bantex_2
    Bantex_2 Posts: 3,317 Forumite
    Squizz wrote: »
    Thank you both.

    No one solution to fix both then....
    What has the retailer said?
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