Free gift NOT included

bylromarha

Ordered a new worktop.

Free sink was part of the deal we accepted.

We supplied our own sink as it was nicer than their freebie.

After the worktop was fitted, we wondered where our free sink was as it hadn't been left with us.

I told them they could courier it to us as they didn't leave it at our property during fitting. I was, by phone, offered £100 instead. I said that'd be great. The lady on the phone even said most people sell them on ebay, so it'd save us a job.

£100 not arrived despite much chasing. Small claims looming.

Now had a stroppy email as letter before action has arrived with them. Apparently as we didn't have the free sink at install that was our choice. They do not have to supply us with the sink now.

Nowhere did we say we didn't want the free sink - we presumed that as it was in the paperwork we signed that we were getting a free sink. We didn't know we had to ask for it as well.

To be frank, I just want them to honour their contract and give us the sink. We have a use for it and I'd prefer to save £60ish on buying a new one.

Any advice on how to respond?
Thanks.

bris

Did you have to ask for it, is it in the paperwork that you need to claim the free sink? Details are important, like most manufacturers you need to register for a warranty, same thing. The case hinges on the details of the contract.

bylromarha

Nope, nothing saying you need to claim the sink in paperwork. Nor in t&c about claiming freebies. The sink is on the order form we returned to accept the quote in the same way the way the worktop is on the order form.

bris

bylromarha wrote: »

Nope, nothing saying you need to claim the sink in paperwork. Nor in t&c about claiming freebies. The sink is on the order form we returned to accept the quote in the same way the way the worktop is on the order form.

Then they owe you a sink, remind them of the LBA they have and tell them their reasons are not valid and you will be proceeding with the claim.