Quoted consumer rights; company still ignoring

pookie222

Please can anyone help? Shower tray delivered November 2016 but not fitted until February 2017 due to work delays. Installation revealed manufacturing faults (not damage) that could ONLY be evident on fitting the glass screen on top - there is a level issue on the tray edge which will cause substantial leakage if used. (Frustratingly complicated further due to the bathroom being attached to a B&B room that we are now currently unable to let). I immediately contacted the 'Customer Services' with detailed descriptions and photographic evidence and they stated the matter would be passed to 'Head Office' (it wasn't). To try to cut a long story short, we have now been in dispute since that date, supplying further descriptions and images and inviting a member of their team to inspect the tray in situ themselves (ignored). Using helpful advice from this site regarding consumer rights, I emailed yet again to be advised - short and sweet - that we shall receive no refund, and no replacement as 'they cannot identify the problem'. What is my next course of action, as they are now also clearly ignoring my claim to 'consumer rights'? Many thanks for any advice.

agrinnall

As a B2B purchase you don't have the same rights as if you had purchased as a consumer. However, that doesn't mean they should ignore faults, but if that's what they are doing then realistically your next step is to send a Letter Before Action, followed up by a Small Claim.

pinkshoes

Your next step would be to write a LETTER BEFORE ACTION stating what you would like to happen by which date, before court action will follow...

Did you pay by credit card? If yes, seek a refund through them.

As this is for a B&B, that makes it a B2B transaction rather than consumer rights, so consumer rights do not apply. It comes down to the contract you signed and the T&Cs you agreed as a business...

daytona0

May also be helpful to obtain an independent fault report and/or speak to the manufacturer, as you'll need something concrete when in Small Claims Court... (something which shows that the fault is inherent).

If the retailer genuinely cannot see any fault in your pictures then I wouldn't hold out much hope that the court would be able to see otherwise....

steampowered

The old Sale of Goods Act 1979 applies to B2B sales. It offers perfectly good protection. I don't think you really need consumer rights.

The remedy is a 'letter before action' setting out what you want them to do and giving them 14 days to resolve it. If that fails, you initiate a county court claim if the goods were not satisfactory quality / not fit for purpose.