Compensation due?

unforeseen

If he is on flexitime then a days leave is the average number of hours he works each day. If it wasn't that then it would be open to abuse by people wanting the day off on the day that they work the maximum hours.

reason2

i think you would only have a claim if he wasn't given paid holiday. Mitigating your losses means you shouldn't choose to take it unpaid so you can save a paid date for the future.
this wont work in court.

If he accrues holiday for hours worked, then the only loss you could claim is the loaded amount for holiday accruals which is about 23% or so of the hourly / daily rate.

I know you arent happy being given answers that dont suit you, but if you went to court you should expect to lose.

pinkshoes

UPDATE: settlement accepted that just about covered DH's wasted day.

CardinalWolsey

Who are you taking to court - the provider of the flooring, or the fitter? According to your original thread when this was happening, the shop arranged the fitter but you paid the fitter directly. Was it the flooring at fault, or the way it was laid? Have you had an independent report carried out which will inform the judge who is to blame?

IMO, the shop has acted as an agent for the fitter, and you had a direct contractual relationship with the fitter - as demonstrated by you paying the fitter directly. Therefore you cannot make a claim against the shop for the performance of the fitter (if it was the fitting to blame), and you cannot make a claim against the fitter for the performance of the goods supplied by the shop (if it was the flooring itself to blame).

You will need to prove who was responsible, and issue a claim against the appropriate party.

Of course, you could just proceed with the claim against the retailer, on the basis that (if it is a national retailer) they are more likely to allow you to win by default (because it would be more expensive to defend than to just pay out, particularly as costs they could claim from you would be capped). You could start with an LBA and see what they offer to settle pre-court.

But be warned, if this is defended in court, unless you can prove who/what is at fault and that you have the right party being claimed against, you will lose.

** I was typing this as you obviously received your settlement - I assume they went for the pre-court settlement as it will have been the cheapest option for them **

baza52

pinkshoes wrote: »

I ordered a floor from a high street flooring company.

They fitted it, it buckled, they ripped it out and fitted it again (I gave them an opportunity to put it right). It buckled again.

I then asked for the floor to be removed and a refund.

Refund received.

I have written asking for compensation for the inconvenience and lost time but they have not replied.

My next step would be a letter before action, but I need to be sure that I am correct in asking for compensation.

In my initial letter I asked for a figure of £300 to cover:

- the day of holiday my husband had to take for the floor to be fitted a second time (as we need all his days to cover childcare etc...).
- the 3 hours of our time it took after the second fitting to remove sharp nails and staples that were left sticking out. (Had to be done that evening as we have kids and dogs and floor was unsafe).

In reality:

- they delayed my kitchen renovation by several weeks (costing a lot in take away food as we have very limited cooking facilities and had a planned visitor staying)
- I spent two days myself stuck inside (initial fitting day and final removal day) but as it was it was my days off, I have not asked fir this to be compensated.
- my refund (despite paying by bank transfer) was part cash and part PayPal, which meant dragging 4 kids to my nearest bank (which took an hour!!) and having to link my bank to PayPal (was not happy about this!) as I needed the money in my bank to pay again for someone else to do the floor.

I think my demand of £300 is very reasonable given the huge inconvenience, so if I end up taking it further, would it be reasonable to claim for any of the further inconveniences as mentioned above?

why were staples and nails sticking out of the floor after the new one had been fitted?
Were the 3 hours taken not part of the 10 hours of holiday pay you wanted to claim for already?

pinkshoes

baza52 wrote: »

why were staples and nails sticking out of the floor after the new one had been fitted?
Were the 3 hours taken not part of the 10 hours of holiday pay you wanted to claim for already?

Day 1 - floor fitted
Day 2 (a week later) - floor removed and refitted (DH took day of holiday)
Day 3 (another week later) floor removed again.

Staples and nails were found AFTER the flooring had been removed a second time once the fitter had gone.

Day 4 - floor fitted by another company. No issues.

CardinalWolsey wrote: »

Who are you taking to court - the provider of the flooring, or the fitter? According to your original thread when this was happening, the shop arranged the fitter but you paid the fitter directly. Was it the flooring at fault, or the way it was laid? Have you had an independent report carried out which will inform the judge who is to blame?

IMO, the shop has acted as an agent for the fitter, and you had a direct contractual relationship with the fitter - as demonstrated by you paying the fitter directly. Therefore you cannot make a claim against the shop for the performance of the fitter (if it was the fitting to blame), and you cannot make a claim against the fitter for the performance of the goods supplied by the shop (if it was the flooring itself to blame).

You will need to prove who was responsible, and issue a claim against the appropriate party.

Of course, you could just proceed with the claim against the retailer, on the basis that (if it is a national retailer) they are more likely to allow you to win by default (because it would be more expensive to defend than to just pay out, particularly as costs they could claim from you would be capped). You could start with an LBA and see what they offer to settle pre-court.

But be warned, if this is defended in court, unless you can prove who/what is at fault and that you have the right party being claimed against, you will lose.

** I was typing this as you obviously received your settlement - I assume they went for the pre-court settlement as it will have been the cheapest option for them **

It would have been a case against the flooring company. The fitter was chosen by them and worked for them, and had a uniform with their logo.

They just make you pay the fitter directly.

I settled for less than I asked for as I would rather focus my energy on getting my kitchen finished.

I will certainly be leaving a factual as a warning for others, and for anyone reading this - NEVER buy flooring from a high street chain. Go for am independent flooring person!