Wrong item delivered but installed before realised

DavidNew2019

Hi, I bought a wash basin with vanity unit online for £158 incl VAT paying with my Visa credit card.

I ordered the model with a DRAWER but the one delivered had a CUPBOARD DOOR instead of the drawer. The order states “1 drawer”.

Unfortunately I didn’t realise the error until the plumber had installed it.

I notified the seller within 30 days of delivery asking for either a replacement with a drawer or the fittings to make a drawer if the two versions have the same shell unit and it’s possible to convert the door to a drawer.

They said that their T&Cs state I had to notify them within 48 hours if there’s a problem but, even if they made an allowance for ‘late’ notification, because it’s been installed and they can’t resell it I’m stuck with it. They also say they don’t sell parts so couldn’t give me the fittings to turn it into a drawer unit. They also said their supplier wouldn’t help with a replacement or fittings either because the item had been installed.

In an ideal world it wouldn’t have been installed before I realised it was the wrong item. But in these circumstances, do I have a case under consumer rights law and if so is it worth me taking them to Small Claims Court?

Many thanks for your help and advice.

DoaM

Technically you're right - you have a claim as they sent the wrong goods. However they could also counter-claim against you that your handling of the goods has diminished their value.

If the cupboard version isn't going to be a show-stopper then the best solution is for them to give you a partial discount/refund due to their error and for you to keep what's installed. Is there a price difference between the 2 types of unit? If they're both the same then maybe a 10% refund would be reasonable, otherwise the price difference plus 10%. (Assuming the cupboard version is cheaper).

DavidNew2019

Thanks. Drawer versions do cost more than cupboard version. Arthritic knees mean crouching to open a door and put stuff in/take stuff out is more painful than opening a drawer which can be done without bending knees! That’s why I ordered a drawer rather than a cupboard version. But I appreciate your point. Perhaps asking for the money for drawer runners, a sheet of plastic-covered MDF and couple of hours of the plumber’s time in constructing a drawer for it might be the best solution. Hopefully the supplier will compromise too.

unholyangel

You have 30 days to reject items for a refund. There is (technically) no time limit on requesting a repair/replacement except for the limitation/prescription period (6 years in england and wales).

I cant see any counter claim for diminished value being successful when the loss stems from their own breach of contract (as the innocent party, you shouldn't be worse off due to their breach).

If they do have the 48 hours as a clause in their T&C's then they're possibly also guilty of a criminal offence.

No need to take court action though. Contact your card provider and start a section 75 claim (under s75 of the consumer credit act) which makes the creditor jointly & severally liable for performance of the contract. If the card provider deny your claim then go to the financial ombudsman. Thats another 2 avenues of redress you have that won't cost you anything but time and comes with no risk (unlike court).

DavidNew2019

Thank you, that’s a really helpful reply, I appreciate your time and expertise.

DavidNew2019

Thank you so much for your information. I put in the S75 claim to my credit card provider using a form downloaded from their website, attaching copies of the emails I’d sent to the supplier. Just over a week later I got a letter from the credit card company saying that they were going to refund the full cost of the item. I had to sign and return the letter and am now waiting for the amount to be refunded to my credit card statement. So your advice worked brilliantly and I can now search for a basin unit with drawer and I’ll just have to pay a little bit extra to the plumber to get the wrong item removed and a new one fitted but hopefully that won’t be too much. So great result, thanks to a kind and well-informed person on the MSE forum - kudos to unholyangel.

DavidNew2019

I don’t see why the price should go up for anyone else - there are other companies selling the same item online which won’t be affected by my S75 claim. It may affect this supplier’s profit though, but their accounts at Companies House looked healthy so I think they can weather this small cost (small relative to their Balance Sheet but significant to my budget). The plumber didn’t know what I’d ordered, so didn’t know it should have been a drawer unit not a cupboard unit. I only had to go down the S75 claim because the supplier didn’t reply to my two emails and two phone calls. I suggested they send the parts for me to convert the cupboard to a drawer (basically just drawer runners and drawer sides and base) or ask their supplier to help as they just blamed their supplier for sending me the wrong item. They repeatedly said they’d get back to me and never did. So I felt that they only thing I could do was to raise the S75 claim.