Carpet not fit for purpose? What are our rights?

capsule99

Hello, 
I am hopeful somebody could help us... 18 months ago we had new carpets fitted upstairs. The carpet we chose wasn't cheap - a loop pile made up 50% wool and 50% synthetic. We were told to expect some pilling but that it would settle down. It hasn't. 

The carper looks a mess. It's is pilling in all areas it is walked on. The pilling has formed bobbles - the carpet looks like a knackered old woolly jumper! We don't use a roller brush hoover on it and never have done, and we don't have any pets. Just 2 children. 
I called the independent fitter who came to have a look and agreed that it looked a mess and so arranged for a carpet inspector to come and have a look. The inspector came and took some samples to be tested. 

Today we've heard back and the Inspector confirmed that the carpet is pilling throughout, but the report shows that there is no manufacturing fault with the carpet. They have suggested as a gesture of 'goodwill' to have the inspector come back and 'shear' the pilling off the carpet at their expense. The correspondence also explains that in general, pilling is a result of the following:
- "Using the wrong type of vacuum" (we don't)
- "Movement over the surface from another material: i.e. socks etc." (!!!)
- "Pets" (we don't have any)
- "Yarn faults"
- "Lack of latex or poor application causing poor tuft" (apparently there are no manufacturing faults). 
So I'm concerned that if we accept the offer of the 'pilling removal' shearing, that the pilling will simply come back. And I've tried de-bobbling myself myself and the results have never been long lasting. Ideally we want a new carpet because we don't believe it's fit for purpose. But how can they insist that the carpet had pilled because of children playing and walking on it in socks? It honestly looks a mess. Picture below of the landing, somewhere the children never play...
It is supposed to look look like this:


Any advice would be greatly received. Thank you! 

the_lunatic_is_in_my_head

Where did you buy the carpet and who does the carpet inspector work for? 

If you wanted a different resolve other than their offer you'd be looking at hiring your own expert and if you got a different opinion but the company you purchased from refused to resolve you'd have to file through small claims and it would be down to the court to decide which report is most accurate.

Their goodwill would make me question whether the report was accurate (why offer it if the carpet is fine?) and at the least I'd be looking at getting someone else who is completely independent of the manufacture, retailer and fitter, out to have a look. 

capsule99

The carpet was fitted by an independent fitter, the carpet was from Gaskell Wool and the inspector is apparently independent from a company called 'Technical Contract Services'. He was very clear that he was independent when he visited to carry out the inspection. 

But i just don't understand how the manufacturer can accept that the carpet is fit for purpose - it looks horrendous. But i don't want to just accept their goodwill offer of 'shearing' it, in case they assume that's me putting the grievance to bed. What if i'm not happy with the result after the shearing? Or what if all the pilling and bobbles just come back? 
So gutted as it wan't cheap and we can't afford another one. 

capsule99

Could we not make a claim that the despite the report showing no fault - the physical appearance of the carpet shows that it is not of satisfactory quality? 

the_lunatic_is_in_my_head

After 6 months the retailer can request you demonstrate the goods don't conform to the contract under a variety of reasons.

The issue with carpet is everyone treats it differently so the general appearance may not be sufficient to show the issue is from a fault rather than use. 

Did you buy from Gaskell Wool directly, the fitter or through a third party? 

capsule99

The independent fitter came round and we chose from his samples. He then bought from them and fitted it. We've not had any direct dealings with Gaskell themselves. 

the_lunatic_is_in_my_head

Having had a quick look Technical Contract Services do appear to be independent, they say they are family business working with other bodies rather than just the manufactures. 

After 30 days the trader can choose a remedy of repair, replace or refund (with the refund being reduced for usage vs life span if after 6 months). 

I would personally take their offer of shearing the carpet on the understanding this is a repair offered by the fitter if they'll agree to that view and should the issue occur again you really would be looking at obtaining something from an expert to show there is a fault. 

After one repair you'd be entitled to reject for a refund as above but would still need proof of a fault. 

A big retailer or a company like Gaskell might decide the trouble of defending a claim is too much regardless of who is right but the fitter (with whom you have the contract as you've paid them for the goods) probably won't think the same way so I don't think a bluff of small claims would work. 

I understand it's frustrating that you've no doubt paid a lot of money for the carpet and it's disheartening to see it in such a state but it's wise to pop the emotion to one side and just look at from a factual point of view as to what your rights are and what is feasible in terms of being successful should you need to go to small claims   

capsule99

Thanks so much for your responses. Sorry for my questions, i'm new to all this!
So I should reply to Gaskell and say I accept the offer of their shearing (which would be conducted by Technical Contract Services as per their letter) on the condition that we are satisfied with the result and that the issue doesn't return? But is our contract with the fitter? He hasn't really had any involvement so far. 

Sorry, I'm trying to get straight in my head before I respond. 
thanks.

JJ_Egan

You paid the fitter for the carpet then your Consumer Rights are against him .

Warranty from manufacturer is not your CR and you have no rights to a refund from them .

the_lunatic_is_in_my_head

If you paid the fitter for the carpet then the contract would be with him. Technically it reads as if Gaskell are offering you the "goodwill", as they labelled it, off of their back. On the other hand it was the fitter who come out to look at the problem and put in you in contact with Technical Contract Services.

It might be worth sending a text or email to the fitter just to say Technical Contract Services offered to sheer and is he happy with this as a repair. 

Whether it would be viewed as the fitter offering a resolve (allowing you to reject after one repair if a fault could be proved later should the issue return) or whether it would be viewed as the manufacture warranty type of thing might be a bit of a grey area, at least to my knowledge.