Better Bathrooms and Consumer Rights Act (CRA)

Fight_the_good_fight

I am hoping that someone can offer some advice or opinion
Circs
Approximately three weeks ago i attended a Better Bathroom store armed with precise measurements for our bathroom

Provided the sales assistant with the measurements and our suggestions/requirements who with this in mind designed our bathroom we believed to the correct specifications ( Stock items not bespoke)

We then paid on a credit card (Nationwide) and pushed the delivery date back to the end of January 2018 to allow time for quotes from fitters

Five days later a well-established fitter attended the address and on looking at our bathroom was immediately under the impression that the suite would not fit and spoke with the sales assistant over the phone to confirm the sizes and as suspected would clearly not fit.

In addition he raised other concerns that an experienced bathroom salesperson should be aware of, namely even if the suite had fitted the toilet would have been so close to the side wall that it would be nigh on impossible to sit on the toilet and that building regs state there should be a gap. Secondly to place a built in cupboard butted up against the bath would result in bubbling/warping from the heat from the bath and subsequent failure of the unit.

I immediately contacted the store and explained the issue and asked for a refund as the bathroom designed by their sales assistant was clearly not fit for purpose as it would not fit, despite accurate measurements given.
A discussion ensued where the sales assistant refused to offer a refund stating it was their policy not to offer refunds and is clearly marked on the invoice but would offer either a credit note or a work around.

I explained as the bathroom designed by him would not fit in the accurate measurements provided it was clearly not fit for purpose and as this was the smallest sized complete built in suite with units with nothing else comparable that a work around was not acceptable nor a credit note for this very reason and that under the Consumer Rights Act ( CRA) and the 30 day rule I would not be accepting delivery of the goods and demanded a refunded as the goods were clearly not going to be fit for purpose.

Another discussion ensued with the sales assistant claiming we had no rights and the invoice clearly states no refunds and CRA did not apply which despite my best reasoned efforts explaining this was a statuary right we just went round in circles but was given a telephone number for the after sales team.

The following day and some 15 days prior to delivery I spoke to perhaps the most unhelpful after sales team ever and was left to put a full version of the circs on their online order system where In addition I confirmed I would not be accepting delivery of the goods.

I have received an automated response but some seven days letter no updates and delivery is due next weekend, which I will reject if it turns up..
At the same time the credit card company were contacted who confirmed payment had gone through however were interested and after providing them with the circumstances are investigating.

My questions are

• Is my understanding and use of CRA and not being fit for purpose accurate or am I stretching the definition?
• If correct that the suite is not fit for purpose am I still liable for the ancillary purchases such as bathroom tiles, shower, taps etc ?
• Does anyone have any experience of credit card companies and the likelihood of them returning the payment to us and time frame?
• Lastly and more legal I noticed that the signed invoice is in my name but signed by my wife who paid on her credit card. Thinking long term is the contract between me and the store and as I have not signed the invoice detailing their T and C’s that no contract exists ?

Any views and options on any of the above are greatly appreciated.

JEN22

I wouldn't have gone to better bathrooms. Read all the forums on here about them

Castle

You may want to look at section 49 of the CRA as that relates to services; and the design of the bathroom would constitute a service, even if it was "free".

Fight_the_good_fight

Thanks Castle for the pointer and I am reading up as I type.


JEN22 Thanks for that helpful insight NOT


Whilst I am on I am half expecting them to attempt to deliver the suite . what are my rights if they just drop the pallet off at the side of my house

JEN22

Did you sign a contract with them?

Fight_the_good_fight

As explained in my OP the invoice is in my name however the wife signed the invoice which contained all the T and C's