Brand new tap leaking - Can I claim for cost of plumber refitting

feeel

Hi all,

This is my first post, so please be gentle ;-)
I've tried to do some digging before posting but I couldn't find anything concrete. I thought I would ask you wise bunch.

I bought a brand new tap from a trade arm of a well known DIY retailer, and had a plumber fit it as it's a really tight space behind my kitchen sink.
A couple of days afterwards I've noticed that the tap is weeping. No damage has been caused, my issue is simple the leaky tap.
I sent pictures to the retailer and they are more than happy to replace, and are delivering it and are arranging a separate collection for the faulty part. GREAT.

My question is regarding the cost of having the plumber come out again. Through no fault of my own I am going to have to pay him to re-fit the tap.
I asked the retailer but they refused to accept responsibility for this.
Do I have any rights to pursue them for the costs under the Consumer Rights Act?

Many thanks,
Phil

the_lunatic_is_in_my_head

feeel said:

Hi all,


I bought a brand new tap from a trade arm of a well known DIY retailer, and had a plumber fit it as it's a really tight space behind my kitchen sink.

Do you have a trade account with them or is this just walk in and purchase?

feeel

Just a walk in purchase

the_lunatic_is_in_my_head

That's good, so the CRA doesn't prohibit you from seeking additional damages, if in such an instance you've suffered a loss as a result of the goods not conforming to the contract you can seek to recover that loss. 

They should be mitigated (as little as possible) and if the retailer wasn't willing to agree then it would be a case of sending a letter before action and if this fails considering whether you wish to file through small claims. 

CardinalWolsey

The retailer hasn't necessarily accepted that their tap is faulty. Legally, they are allowed to inspect it to determine if there is a fault or not. They have simplified this for you by simply shipping a replacement tap. Upon receipt, they may claim that the tap is fine, and that it was a case of having been poorly fitted.

the_lunatic_is_in_my_head

CardinalWolsey said:

The retailer hasn't necessarily accepted that their tap is faulty. Legally, they are allowed to inspect it to determine if there is a fault or not. They have simplified this for you by simply shipping a replacement tap. Upon receipt, they may claim that the tap is fine, and that it was a case of having been poorly fitted.

As the OP didn't exercise their short term right to reject it's taken that the goods didn't conform to the contract, as the issue was raised within 6 months, unless "it is established that the goods did conform to the contract".

So if the retailer wished to see it through to small claims they'd need something to show such rather than just what they wish to say. 

feeel

Thanks for the replies I'm a bit lost with the jargon, though...
Should I push for harder? If so is there something specific that I should reference, e.g. a specific section or subsection?
The help is greatly appreciated!
Phil

the_lunatic_is_in_my_head

If they refused it's probably best to put it in writing for them, if you Google letter before action there's a good few templates available online. 

If this is a big business they'll be more likely to accept responsibility, a smaller business may dig their heels in and you'd have decide if the amount was then worth going forward with small claims.

I may be wrong but I don't think there's anything specific in the Consumer Rights Act pertaining to damages to quote (other than noting the right to seek a remedy does not prevent the consumer seeking other remedies such as claiming damages).

It's more that they've supplied a faulty part and as a result of what is a breach of contract you've then suffered an additional loss. 

pbartlett

I know you are looking for an answer but these kind of things are not easy

 you buy an innertube for your bike from halford and after you have fitted it is faulty - yes halfords will replace it but can you claim your time for swapping it over

you by a plant from a garden centre it dies - the garden the centre says they will replace it can you claim for the mulch and fertiliser used in planting the first plant

i have replaced several taps over the years and i always check they work first.

feeel

@pbartlett - yes, it's certainly tricky. Where exactly is the line? That's why I'm trying to keep an open mind and explore my options.
Oh, and the tap is a slow leak. It wouldn't have been detected unless you did a dummy installation in situ and left it overnight. The plumber tested it after he installed it, and at the time it seemed like a perfectly functioning tap.

@the_lunatic_is_in_my_head - thanks for the advice. One of the interesting things that I have just read online this evening (as much out of curiosity as anything) is from the Consumer Rights Act directly, which says "If the trader is in breach of a term that section 12 requires to be treated as included in the contract, the consumer has the right to recover from the trader the amount of any costs incurred by the consumer as a result of the breach, up to the amount of the price paid or the value of other consideration given for the goods." I'm certainly no legalise expert, but I'll give that a try and see what the response is.

Again, thank you to all of you for your thoughts and comments.
I shall update the post with whatever result I get Wish me luck.

mobileron

You sure its not  the plumber fitting it badly.