New Build Extras??

Kennyg115

Good Afternoon-

We bought new carpets through Persimmon homes when we moved in roughly 12 months ago. The living room has already been replaced due to manufacture faults and we have now been told the whole house needs replaced- again through manufacture faults.

When I asked if a refund would be an option as we have lost faith in the carpet type and supplier I was told I would t be entitled to the full amount and this was stated in consumer legislation.

The flooring company explained they would only be able to return costs of the carpet and Persimmon homes get commission. Eg. I paid £2000 but carpets cost £1600 and the extra £400 was Persimmons.

Where do I stand with trying to reclaim the full amount?

zoob

Who did you buy the carpet from and pay was it Persimmons or the flooring company ?

bris

Its been 12 months so they can reduce the refund for the use you have had so that's why they mention consumer regulation.


You are mot entitled to a full refund but whether a £400 reduction is fair or not is not for us to say.

Gavin83

I'm surprised they've offered to refund at all. They're allowed the opportunity to put the fault right and therefore as they're going beyond their legal obligations you're somewhat at their mercy here. You can push this but they may well insist on replacing the carpet instead of refunding.

Also as pointed out they're allowed to reduce the refund for usage anyway, it's up for debate if £400 is reasonable.

I very much imagine your contract is with Persimmons so you really need to be speaking to them.

Finally who told you it was a manufacturing fault? They can insist on an independent report confirming this before taking action.

unholyangel

Gavin83 wrote: »

I'm surprised they've offered to refund at all. They're allowed the opportunity to put the fault right and therefore as they're going beyond their legal obligations you're somewhat at their mercy here. You can push this but they may well insist on replacing the carpet instead of refunding.

Also as pointed out they're allowed to reduce the refund for usage anyway, it's up for debate if £400 is reasonable.

I very much imagine your contract is with Persimmons so you really need to be speaking to them.

Finally who told you it was a manufacturing fault? They can insist on an independent report confirming this before taking action.

They've already had that opportunity though, OP told us they've already had some of the carpet replaced previously due to faults and now the whole house needs replaced. Which means OP doesn't need to give them any further chance to repair or replace and has the final right to reject.

Also, while the CRA does allow a deduction for use the consumer has had, it doesn't allow a deduction for commission. Any sum paid in commission should have no bearing on any deduction made for use iyswim.

Lastly, theres the possibility of OP claiming damages for having to pay someone to fit new carpets after 1 year instead of 5-10 years (depending on the features & quality of the carpet). So that could perhaps be used as a bargaining chip.

Gavin83

unholyangel wrote: »

They've already had that opportunity though, OP told us they've already had some of the carpet replaced previously due to faults and now the whole house needs replaced. Which means OP doesn't need to give them any further chance to repair or replace and has the final right to reject.

I took it to mean that the carpet wasn't replaced by the original retailer but I might have read this wrong.

unholyangel wrote: »

Also, while the CRA does allow a deduction for use the consumer has had, it doesn't allow a deduction for commission. Any sum paid in commission should have no bearing on any deduction made for use.

Maybe not but they're approaching the wrong people, they need to speak to the retailer, not the manufacturer, which you well know.