Faulty window blinds

ToonExile

In March 2020 I purchased a series of blinds for my new home which came to a total of £5000. As part of the purchase, I bought 2 sets of automated Roman blinds at a cost of £1700 per set. Unfortunately, one set of blinds had a significant number of manufacturing faults which meant the blinds need to be made again. A replacement set of blinds were eventually made and delivered after delays due to lockdown. However, the second set of blinds also had manufacturing faults as well as problems with the motors for the automation. The blinds company agreed that there was a fault and suggested the blinds were again remade. In this case, they suggested using a slightly more robust fabric. Again after a significant delay due to Covid - 19 restrictions the blinds were remade and installed again. Sadly this set of blinds also showed manufacturing faults and still had minor issues with the motors. I will say the faults are not as bad as they were before but faults there are. I have since written to the blinds company and rejected the blinds under the Consumer Rights Act 2015 as they are not of satisfactory quality based on the price I have paid. It has now been 2 weeks since the blinds company received my letter and they have failed to get back to me. I have written to them again today asking them to remove the blinds and refund the money I paid for this set of blinds. I will also add that we have a minor fault with one of the motors on the other set of blinds, which the blinds company have agreed is a fault but I have so far not had this problem resolved. I wonder if anyone could give me any advice on what the next steps should be if they do not respond to the letter I have written today. Any advice gratefully received.

Aylesbury_Duck

Was the letter you sent a letter before action?  What consequences did you set out for them not responding satisfactorily?

If it wasn't, you should follow it up with another threatening small claims action.

How did you pay?

ToonExile

The initial letter outlined the problems we had encountered and simply rejected the blinds with dates when I expected the blinds to be removed and a refund to be issued. I paid in two parts, £1500 deposit and £3500 on the day of installation both payments were made by a credit card.

I have now sent a second letter giving them a second opportunity to remove the blinds and refund my money. However, in this letter, I have told them that if they do not come and remove the blinds by a set date then I will have the blinds removed myself using my best endeavours and I will return the blinds to them directly. I have also told them that I can't guarantee that the blinds can be removed without being damaged (I am not a blinds fitter). I will expect the cost of doing this to be covered by the blinds company (mostly the shipping costs). I have again given them dates when I expect the removal of the blinds and the refund to be paid. My plan is if they do not respond I will write to them again but in this case, I will tell them I am issuing legal proceedings via the small claims court.

I am also thinking of speaking to my credit card company and requesting a chargeback under section 75.

DiddyDavies

ToonExile said:

I am also thinking of speaking to my credit card company and requesting a chargeback under section 75.

If you do contact your card issuer, make sure that you specify either a chargeback or a section 75 claim as they are totally different things and asking for a section 75 chargeback may confuse matters and drag it out a bit.
A chargeback means that the card company will attempt to recover the funds directly from the retailers bank and this process is something offered at the discretion of the card company and there is no liability on them.

S75 of the Consumer credit act means that the credit provider is jointly and equally liable with the provider of the goods for any breach of contract (provided that the stipulated criteria are met) and this process is enshrined in law. 

ToonExile

Thank you for the clarification, very helpful

born_again

DiddyDavies said:

ToonExile said:

I am also thinking of speaking to my credit card company and requesting a chargeback under section 75.

If you do contact your card issuer, make sure that you specify either a chargeback or a section 75 claim as they are totally different things and asking for a section 75 chargeback may confuse matters and drag it out a bit.
A chargeback means that the card company will attempt to recover the funds directly from the retailers bank and this process is something offered at the discretion of the card company and there is no liability on them.

S75 of the Consumer credit act means that the credit provider is jointly and equally liable with the provider of the goods for any breach of contract (provided that the stipulated criteria are met) and this process is enshrined in law. 

Chargebacks are part of the card regulations both banks & retailer sign up to. There is no discretion on the part of the bank offering them. Other than any chargeback has to fit the criteria of the chargebacks scheme..