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Take a floor company to small claims court

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I bought engineered wooden flooring from a local company. 

The arrangement was for the flooring with a hardwax oil finish as well as fitting by them.


A couple of hours into the fitting I had a look at the floor and realised that neither the colour nor the floor boards looked like the sample that I had seen in the shop.


I asked the floor layers to stop their work whilst I spoke to the salesperson which they did. They also agreed it didn’t look like the floor either. 


I explained to the salesperson that by allowing the flooring to go down meant that I was happy with it. After a long call, he assured me that there was no problem with them finishing laying the floor down and if there was something wrong with the colour, it would be corrected. 


It was arranged that he’d come over the next day with the floor specialist that was based in their factory.


The following day he came with the sample and he agreed that my floor was darker. On further inspection the floor looked dull. It’s as though it had been washed with something. The grains are almost invisible. In the store I was advised that having the hardwax oil finish meant that I’d still have a natural wood finish while also having some sort of protective layer on the surface.


He did say that he had seen the floor just before the last process (whatever that means) had taken place. He also said that the wood looked as though it had reacted to something.


It was agreed that the expert would take away some of the boards and make up new colour samples. As well as deduct £250 off the labour cost (still due by me on completion) because of the inconvenience.


A week later as agreed the samples were brought over. None of the colours were anything close to what I had chosen. Instead of being an oak colour, they were grey.


I sent him messages and emailed a few times to say I wasn’t happy with the samples. A week later he emailed to say he had a death in the family but he was back at work and either he or the company director would be in touch asap. 


It’s now a week later and I still have not received any communication. I even emailed back and said I understand he is going through a difficult time and to get the director to get in touch.


Its now been 3 weeks since the floor was laid down and I still have no resolution or communication.


Id be happy if they were able to resolve the situation otherwise I want a full refund.


My house is still being renovated and we’re supposed to be moving back in a couple of weeks. I’m very conscious of the time because there will be wear and tear once we move in.


What is a reasonable time before I can put in a court claim? How am I able to ensure that I gave enough opportunity to them to remedy this situation.?

Comments

  • Supersonos
    Supersonos Posts: 1,080 Forumite
    1,000 Posts Third Anniversary Name Dropper
    3 weeks is long enough.  Send a letter giving them 14 days more or you'll commence court proceedings.  After 14 days, do so.

    Did you take and comparison photos when they were there with the samples?  How much of the communication with the shop was via email?  Or was it all phone calls?
  • Hi
    Thanks for responding.

    yes I have a picture of the sample board from shop and what they have done.

    The majority of my communication has been via email or WhatsApp. Even the message my husband sent yesterday via WhatsApp shows it was read but again, no response.

  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    laylay100 said:
    yes I have a picture of the sample board from shop and what they have done.
    Were both photos taken using the same device and under the same lighting? (Lighting and device used can change how things look in photos - so they may try to make this assertion if defending a claim).
  • 452
    452 Posts: 443 Forumite
    100 Posts Name Dropper
    DoaM said:
    laylay100 said:
    yes I have a picture of the sample board from shop and what they have done.
    Were both photos taken using the same device and under the same lighting? (Lighting and device used can change how things look in photos - so they may try to make this assertion if defending a claim).
    I agree, hopefully the op has a piece of sample flooring to compare the current floor to. 
  • pinkshoes
    pinkshoes Posts: 20,557 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    452 said:
    DoaM said:
    laylay100 said:
    yes I have a picture of the sample board from shop and what they have done.
    Were both photos taken using the same device and under the same lighting? (Lighting and device used can change how things look in photos - so they may try to make this assertion if defending a claim).
    I agree, hopefully the op has a piece of sample flooring to compare the current floor to. 
    Or even better, took a photo of the sample from the shop that the specialist brought round to compare, when the specialist said it was a different colour!!

    Laylay100, you need to give them a 14 day deadline making it very clear what you want to happen (e.g. give them an opportunity to fit the correct floor, or remove it and make good the floor* for a full refund) after which time if they do not respond and take action, you will take them to court for a refund and the cost of having the floor removed. 

    * I say make good the floor, as Tapi the flooring company made a complete botch of fitting my kitchen floor TWICE, then when they removed it, they left the floor boards butchered and full of nails sticking up!!
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
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