Faulty carpet - consumer rights

shannahleanne

Good Evening,
I'm after some advice on what rights I have in regards to a faulty carpet.

In July 2016 I purchased a house from a local builder. I was given an incentive of £2800 for flooring - £465 I paid in addition to upgrade to a higher specification of carpet.

upon moving In I noticed a lot of the fibres were coming out and thought it was due to it being new and let it go. Recetly my little baby whos just started crawling was found with a fibre in her mouth so I decided to investigate it.

I contacted the builder who involved their contractor who fitted and supplied the carpets and they sent someone out to inspect it.

They attended and agreed it looked faulty and said they would send a report to the manufacturer. Over a week passed and still hadn't heard anything so chased a few times and the story I was getting was changing all the time.

Eventually they came back and said the manufacturer had accepted fault and that the carpet was faulty. The carpet contractor was willing to replace for the same carpet. I had been to the show home at this point who also had this carpet to find it was also doing the same. I then attended a local carpet shop and again this was doing the same and seems to be a latex issue on the backing and not a batch fault.

For this reason I rejected the same carpet and asked for an alternative option. Again a few days passed and still no news so I sourced an alternative carpet locally to go back to them with for the same retail price and specification as what we had.
The carpet contractor said that they didn't have this but could get it but it would be more expensive. I asked how much and still no idea to this day what they would be charging.

Following on from this the house builder came back with an offer to give me a monetary value of £935 for the carpet being faulty in full and final settlement. I explained this wasn't acceptable I couldn't re-carpet my house for that price and regardless £935 for carpet and fitting costs does in no way coincide with the incentive price ive been given plus the additional costs of £465 which I paid myself.

After emails forward and back they have said the refund is a trade price and that is all they can offer. The carpet shop said locally that the cost of carpet alone is too low regardless of added fitting costs which would also be claimable from the manufacturer.

The builder has now suggested we go for an alternative option that they fit in their show homes. After researching this it is a short pile carpet and £3 cheaper per sqm in retail value than the carpet we currently have. Now if I was to change to this alternative they would be making even more profit out of me.

I'm just after advice now on where I stand, they haven't provided me with evidence of the report of the fault to the manufacturer, evidence of the refund cost from the manufacturer, no evidence of how much it would be to source the carpet I want and for how much.

I feel like I'm at the end of my tether when all I want is a replacement carpet in the same specification as my current one,

would really appreciate some help on this,
thanks

hollydays

So what's the spec of the faulty carpet?

AndyMc.....

One problem you're going to face is you've had 8-9 months use of the carpet and any refund could reflect that.

takman

shannahleanne wrote: »

The builder has now suggested we go for an alternative option that they fit in their show homes. After researching this it is a short pile carpet and £3 cheaper per sqm in retail value than the carpet we currently have. Now if I was to change to this alternative they would be making even more profit out of me.

Well it's unlikely they will be making any profit out of you because it will cost them money in labour to remove the current carpet and replace it with another one.


So if your happy with this carpet then i would take them up on the offer considering that you have already had alot of use out the current carpet. Don't focus on the price too much because it doesn't necessarily mean its poorer quality.

martinsurrey

shannahleanne wrote: »

The builder has now suggested we go for an alternative option that they fit in their show homes. After researching this it is a short pile carpet and £3 cheaper per sqm in retail value than the carpet we currently have. Now if I was to change to this alternative they would be making even more profit out of me.

Ask them to install the CHEAPER carpet but to compensate you by refunding the £495 you paid in excess, to compensate for the cheaper carpet and the stress and worry this has caused.

They'll refuse, negotiate to £300, get the new carpet, and have a few nice days out (as well as you having a new carpet in a 9 month old house, with kids!)

Everyone feels like they've won.

shannahleanne

there is no way I'm compromising on a cheaper carpet that looks and feels horrible. They are making money as they gave me an incentive of £2500 to have standard carpets, changing to the higher spec I had to forfeit the additional monies. The carpet manufacturer has refunfed them the cost price of what they paid for it plus additional fitting costs, therefore me choosing cheaper carpet is money in their pocket and fitting costs has already been paid back from manufacturers.
Think of it like having a Mercedes car and being told you can have an alternative ford, there is a clear difference in quality here, ive paid for carpet to last me 10 years, its not about money and days out with my children.

wealdroam

shannahleanne wrote: »

there is no way I'm compromising on a cheaper carpet that looks and feels horrible. They are making money as they gave me an incentive of £2500 to have standard carpets, changing to the higher spec I had to forfeit the additional monies. The carpet manufacturer has refunfed them the cost price of what they paid for it plus additional fitting costs, therefore me choosing cheaper carpet is money in their pocket and fitting costs has already been paid back from manufacturers.
Think of it like having a Mercedes car and being told you can have an alternative ford, there is a clear difference in quality here, ive paid for carpet to last me 10 years, its not about money and days out with my children.

But remember, the Consumer Rights Act states that any refund can be reduced to take account of the use you have had.

Silvertabby

All carpets shed. If they are otherwise ok and you don't want the hassle of replacing them (only to have the same problem) try using a carpet cleaner. Even a basic £200 bex bissell will remove an unbelievable amount of fluff - and you'll probably be glad of it when your little one starts in full mess mode!

martinsurrey

shannahleanne wrote: »

there is no way I'm compromising on a cheaper carpet that looks and feels horrible. They are making money as they gave me an incentive of £2500 to have standard carpets, changing to the higher spec I had to forfeit the additional monies. The carpet manufacturer has refunfed them the cost price of what they paid for it plus additional fitting costs, therefore me choosing cheaper carpet is money in their pocket and fitting costs has already been paid back from manufacturers.
Think of it like having a Mercedes car and being told you can have an alternative ford, there is a clear difference in quality here, ive paid for carpet to last me 10 years, its not about money and days out with my children.

Well then you might not be in luck.

Under the CRA 2015 you can require a repair or replacement, but only if these are not impossible. You agree that they cannot supply you with the contracted carpet, so your options are now limited, and repair does not seem feasible. What the developer has agreed with their supplier is irrelevant, your contract is with the Developer.

As a repair or replacement are impossible you have a final RIGHT to reject, or a RIGHT to a price reduction, if you reject they can come and take the carpets out and will refund you in full less an element for the use you have had, or a price reduction in which case you will be stuck with the carpet.

Other than those 2 rights, anything else is a negotiation.

Polmop

What about getting the higher price carpet from the shop and getting them to fit it for you