Does the consumer rights act apply to a wooden floor that has been fitted poorly?

sd183
sd183 Posts: 8 Forumite
edited 15 November 2017 at 3:04PM in Consumer rights
Hi Everyone


Looking for some advice- we had a wooden floating floor fitted in our new build in June. We have since had issues with it bowing and dipping at the edges to such an extent that we thought there might be a sub floor issues. Turns out there isn't (parts of the floor were taken up to check), but the fitter is still trying to claim that there is no fault their side. They have tried to correct the issue, but it's not worked. Are we entitled to apply the consumer rights act in this case i.e. the onus is on them to prove their product is not faulty and that we have the right to reject now that they have tried and failed to correct it?


Any insight would be gratefully received.


Thanks in advance
S
«1

Comments

  • Fosterdog
    Fosterdog Posts: 4,948 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    If they say it’s not the product that’s faulty have they said what is causing the issues?

    Get another floor fitter to check it and see what they say.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Was the wooden floor left in situe long enough to acclimatise before it was fitted?
  • Consumer Rights Act covers services as well, not just products.
    So it might be the way they fitted it rather than the product being inherently faulty.

    If it is a service issue, the onus sits with you to prove they are at fault so doing as Fosterdog suggests would be useful - get a professional opinion from someone else.

    They should use reasonable and skill when carrying out a service
  • sd183
    sd183 Posts: 8 Forumite
    edited 15 November 2017 at 3:13PM
    They have tried to say that there is damp, but they have tested and not found any. We also took a section up to check that the sub floor wasn't subsiding in the corners- again, nothing. They have also tried to blame some other snagging issues with the house, i.e. slightly wonky walls around the front door and a threshold issue at the back door. But, they have done nothing to try and prove how these could affect either the floor or the fitting.


    They are adamant that their fitting is not to blame, and the floor manufacturer is adamant that the product is not to blame. I wouldn't be able to answer on the question about whether it was left in situ; we weren't living in the house when it was fitted and we "left it to the professionals".


    They have attempted to rectify the problem- in the eyes of the consumer rights act does this equate to acceptance of fault/liability? The repair has been unsuccessful.


    Thanks all
    S
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Did the fitter supply the flooring? Or did you buy it yourself and contract with the fitter separately?
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • sd183
    sd183 Posts: 8 Forumite
    They supplied and fitted.
  • Fosterdog
    Fosterdog Posts: 4,948 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You really do need an independent report at this stage hen. If the fitter is claiming there is no fault with the fitting and the manufacturer is claiming no fault with the flooring it is now down to you to prove that one of them is wrong and then claim any redress from the fitter.
  • If this is the property you haven't bought yet try getting a payment from the builder and fit your own floor after purchase. Thats likely to be more straightforeward for you.
  • We already own the house we've been living here 5 months or so now.

    If the supplier has already come out and tried to fix the issue does this imply that they are accepting liability?

    S
  • Fosterdog
    Fosterdog Posts: 4,948 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    sd183 wrote: »
    We already own the house we've been living here 5 months or so now.

    If the supplier has already come out and tried to fix the issue does this imply that they are accepting liability?

    S

    No they could have just been offering a good will gesture
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