Issues with trader

Jacksonc2114

Long storey but any help would be welcomed … 

So I got a kitchen fitted in October 2020 during this fitting the kitchen fitter pointed out there was a problem with one of the cupboard doors not attaching to my integrated washing machine correctly and he suggested I get that checked by the washing machine manufacturer for alignment. I spoke to the kitchen fitting Company about this and they insured me that they would support me once I had the fittings checked by the washing machine manufacturer. Due to Covid there was a national lockdown from November to April so we were not able to get anybody out to check the machine as it’s not deemed essential and I told the kitchen fitting company about this and we were in constant verbal communication. In April I had a machine engineer out to fix a problem with the washing machine none related and asked about the door they told me it was a standard fix and that it had been in their opinion misaligned and that I needed to ensure the kitchen fitter used the correct template provided with the machine. I called the kitchen fitter back out in may and eventually he came in July I showed him the problem and he went away and assured me he would be back to fix it in a week and since then he has ignored me and after I threatened with consumer rights he denied any knowledge of this issue and instructed his solicitor. 

I understand from his solicitor that this is my fault and it is my word against his and that his client has claimed that he was never made aware of the situation until July this year when he came out as a gesture of good will and his solicitor is stating as I didn’t tell him in writing in the first 30 days that there was an issue there is nothing they can do. I appreciate that’s a learning curve for me and not to trust someone who was communicatinf on phone regularly with you. They are now trying to blame the washing machine engineer for causing this problem when he can to fox my machine. 

I have since obtained a copy of the integrated door fitting template from the washing machine manufacturer and have sent photos to their solicitor to show that the fitting has not followed the manufacturers fitting instructions and it is out by at least half an inch either side and that this is what is causing the damage to the door and misalignment. 

 The solicitor has replied to me telling me that if I want to prove it is an inherent defect then it is incumbent on me to provide evidence not his client. ? 

Anybody any idea what evidence this would be as his solicitor will not tell me and just keeps telling me I need to prove it yet I have sent photographic evidence of this been against the manufacturers standard fitting instructions as well as a copy of the template from the manufacturer and the order form showing this is just been ordered and that this is not something I have done or a washing machine engineer has done but his kitchen fitter when he cut the holes for the hinges. 

I’m going round and round in circles as his solicitor is refusing to communicate with me until I provide suitable evidence but won’t tell me what this it’s but I don’t want to get my own solicitor and cost me a fortune if it is just a tough lesson in life for me … even though it’s clear that their measurements are out 

the_lunatic_is_in_my_head

Jacksonc2114 said:

I have since obtained a copy of the integrated door fitting template from the washing machine manufacturer and have sent photos to their solicitor to show that the fitting has not followed the manufacturers fitting instructions and it is out by at least half an inch either side and that this is what is causing the damage to the door and misalignment. 

 The solicitor has replied to me telling me that if I want to prove it is an inherent defect then it is incumbent on me to provide evidence not his client. ? 

What would it cost you to have someone else out to fit the door correctly?

Services should be preformed with reasonable care and skill, you have the right to a repeat performance or the right to a price reduction.

Do you have anything to show you contacted them within 6 months about the issue? 

The 6 months rule is stated under goods but you are claiming the issue isn't the goods but the fitting which is a service and I'm unsure whether the 6 months rule apples to services (it may well do I'm just not sure). 

The first paragraph partly covers you to show the door was incorrectly fitted, if you decided to go down small claims it would be decided on the balance of probability as to whether the fitter fitted the door incorrectly or whether something else has happened to it.

If you had someone else out to correct the fitting and they was willing to provide a report stating the door was incorrect fitted originally this would be ideal.

You'd then claim the cost of refitting plus the report as a price reduction as the trader failed to reperform the service within a reasonable time. 

You'd need to send a letter before action (templates on Google) to whoever you had the contract with for the service and then issue proceedings if they fail to pay. 

Jacksonc2114

Thanks 
only a text in May 21 to confirm we need or seeing to as the washing machine person said it’s misaligned … and that was just over the 6 months by like 5 days yes it’s the fitting not the actual item … so to me it’s defect in the installation of the door in my premises which is attributable to defective workmanship and installation. 

Yes I need a new door and hinges and it fitting as we don’t have the tools and been quoted over £200 inclusive of the door not to mention the housing is all damaged from the misfitting  and  I need a new washing machine as their incorrect fitting and use of incorrect screws has damaged the threads in the machine although I can’t prove it 
I’m trying to find a kitchen fitter who can do it and create a report but I don’t want to pay for it then be told I can’t claim back … 

sheramber

 Do you have legal cove with your house insurance?

Jacksonc2114

Oh I’m not sure I’ll have a look is this something that it would cover if I do ? 

Aylesbury_Duck

Jacksonc2114 said:

Oh I’m not sure I’ll have a look is this something that it would cover if I do ? 

It might not 'cover it', but it usually means you have access to a legal helpline and possibly some support for a claim.