Wren Kitchens - Possible Fraud?

M.Wood

Hi, I have an issue regarding Wren Kitchens and would like some advice on resolution.

I purchased a circa £10,000 kitchen from Wren which was delivered on 26th May 2017. There were several issues with the parts provided, specifically; all worktops had serious manufacturing faults, and an incorrect cupboard door was provided. I understand that problems such as these can arise therefore I contacted Customer Services. After providing photographic proof of these issues Wren supplied replacements.
The significant issue I have now encountered is regarding the supplied handles. The installation had been completed by my kitchen fitter and I noticed the handles that had been supplied were incorrect. I immediately contacted Wren & informed them of their mistake and asked for them to send the handles that I had specified and paid for as per our contract. I was told in no uncertain terms that I was outwith the allocated '28 days' time limit and that I would have to buy a new set of handles for circa £200!
I am incredulous that a large company such as Wren Kitchens who must spend a considerable amount of time and money on their public perception would make a decsion such as this. Which in effect will turn a happy customer into a justifiabily aggrieved party.
In regards to the law and their '28 day' time limit, surely this part of the contract does not outweigh the core of the contract which is that they must supply me with the items chosen and paid for. Their logic would state that if they supplied me with an empty box for £10,000 and I didn't contact them within 28 days, they would be within their rights! Surely this is incorrect and this behaviour/decision is essentially fraud?
Any advice regarding my legal position and possible routes to resolution would be greatfully recieved.

meer53

What do their terms and conditions say about checking you have the correct goods on delivery ? I think you'll find it says that you have to notify them within a certain timeframe, which you are now past.

Where does fraud come into it ?

marliepanda

Mistakes do happen. It's one of those things.

You knew a cupboard door was wrong and some work tops were substandard. Did that not make you think 'better check the rest of this, just in case!'

Plus you didn't even noticed until all the handles had been finished? Am I guessing correctly?

AndyMc.....

Read your contract, having read it if you can find in any way Wren have been dishonest or made a false representation then think about fraud. Until you have evidence of that there's no fraud.

unholyangel

meer53 wrote: »

What do their terms and conditions say about checking you have the correct goods on delivery ? I think you'll find it says that you have to notify them within a certain timeframe, which you are now past.

Where does fraud come into it ?

Being in the T&C's does not necessarily mean you're stuck with it. Especially if those T&C's are contrary to the position of law.

2(d): Time limits on claims
5.7.1. If a contract is to be considered balanced, each party’s rights must remain
enforceable against the other for as long as is reasonably necessary, as well as being adequate in other respects. The general law allows a period
of six years (five years in Scotland) for making claims for breach of
contract91 where the parties have not agreed a definite period between
themselves, and this may be regarded as the benchmark of fairness.


5.7.3 Prompt notification of complaints is desirable because it encourages
successful resolution and is therefore to be encouraged. But taking away
all rights to redress is liable to be considered an over-severe sanction for
this purpose.

5.7.4 Where the consumer’s statutory rights are at issue,92 any fault found in
goods or digital content (which is paid for either directly or indirectly) within
six months of the date of sale is generally assumed to be the business’s
responsibility unless it can prove otherwise. It is therefore particularly unfair
and misleading for terms to seek to exclude or limit the consumer’s right to
redress for faulty goods or digital content during the first six months after
purchase. As noted above (in part 1 ‘other legislation’ on the CPRs) the use
of misleading terms may give rise to enforcement action as an unfair
commercial practice.

5.7.6 There is similarly likely to be no objection to wording that encourages
consumers to check to the best of their ability for any defects or
discrepancies at the earliest opportunity, and take prompt action as soon
as they become aware of any problem. Concerns do not arise so long as
there is no suggestion that the trader disclaims liability for problems which
consumers fail to notice.

OP go back to them and inform them that they are in breach of contract, they remain liable to provide a remedy for up to 6 years and that they may be committing a criminal offence by misleading consumers about their rights. Tell them they can either send the correct handles or you'll be making a claim against them for £x (whatever it would cost to source the handles) plus any and all reasonable costs incurred due to their breach.

M.Wood

In no way does their stipulation of a '28 day' time limit trump the core of their contractual obligation to me the customer. Which is to provide the goods selected and paid for in the contract. Going by this '28 day' limit logic, would it be alright for Wren to supply me with an empty box for £10,000 and if for some reason I couldn't check it until the 29th day then that would be a case of hard luck "Read the small print".
I just find it hard to believe that what appears to be a large reputible company would act in this way over a set of handles. Wren obviously recognises that a significant proportion of their business is generated via word of mouth and this seems like a terrible way to treat a customer.

naedanger

M.Wood wrote: »

Wren obviously recognises that a significant proportion of their business is generated via word of mouth and this seems like a terrible way to treat a customer.

Another thread about Wren Kitchens:

https://forums.moneysavingexpert.com/discussion/3461405

Sicard

I'm totally shocked you received such bad service from such a wonderful company that has never ever had any complaints.

harrys_dad

M.Wood wrote: »

I am incredulous that a large company such as Wren Kitchens who must spend a considerable amount of time and money on their public perception would make a decsion such as this. Which in effect will turn a happy customer into a justifiabily aggrieved party.

Especially as you are the first "happy customer" of Wren Kitchens I have ever read about on here or any other consumer forum. I would have thought they would offer you a completely free kitchen as you are so rare.

hollydays

Surely they must have satisfied customers.??

Sicard

hollydays wrote: »

Surely they must have satisfied customers.??

Anyone? Is anyone there?