Section 75 for a badly installed floor?

18cc

Funnily enough I was thinking of having some new carpet fitting and have not really thought about what I am paying for when I go to the shop

I suppose the lesson here is to always make sure that it is shop is responsible for fitting and that you pay the whole bill to the shop on credit card that way there was no split of responsibility

onlyfoolsandparking

18cc wrote: »

Funnily enough I was thinking of having some new carpet fitting and have not really thought about what I am paying for when I go to the shop

I suppose the lesson here is to always make sure that it is shop is responsible for fitting and that you pay the whole bill to the shop on credit card that way there was no split of responsibility

I cant disagree with you on checking the details on what your buying but I think lots of shops/businesses work the way the OP is describing, A few years ago I bought a carpet from a reputable shop and had it fitted by the shops recommended fitter who turned out to be a sub-contractor. All pleasant enough and worked out well but I would like to think there must be some sort of redress if things had have gone wrong for me.


Whether S75 is appropriate here (or even applicable) I don't know, I've never had the misfortune of having to use one and although my small claims court suggestion is a more substantial choice its not an easy process for people who are unfamiliar with the process or have never done it.


My first port of call if I were the OP would be to establish who is responsible for their bad workmanship and engage in a process which can be evidenced later should it become necessary, in other words get a proposal from whoever is taking responsibility and get it in writing, then give a reasonable amount of time (which I believe is required by Law) for them to rectify the situation.


Failing that, send them a letter threatening Court action, if they ignore send them 30 day legal LBA, then if they still don't reply or take any rectifying action issue Court claim! (there is a cost for this but its all reclaimable if you win in Court)


I believe even a S75 claim requires a fair bit of action from the consumer to attempt to resolve the situation before said claim is reimbursed.


I also believe a 'Chargeback' only has 120 days to action, not sure if its applicable here though.

MEM62

garyburchell wrote: »

I paid the fitter direct does this change things?

Yes, it does.

Firstly, you now need to establish whether it was the fitting or the flooring that was 'faulty'. It may well be the latter however, this is now a potential can of worms as you are not dealing with one company. As these are two transactions you could effectively have two contracts and there is an additional complication in establishing which contractual obligations were not met and who is responsible.

If the fitting was poor the retailer may try to wash their hands of any responsibility by claiming that their contract was fulfilled once the flooring was supplied. You may then be chasing the fitter for both replacing the flooring and re-fitting costs. Did you also pay the fitter by credit card?