Can a retailer simply refuse to honour their obligations?

Austen_2610

Hi All,

I had a Bathroom bought and installed through Wickes. When finished, the tiling was awful, the sink crooked, stop valves were blocked over and… the shower door is loose on its track. Complaining to Wickes had been a nightmare. We got to the point of them offering new materials and money. That doesn't help if I can't fit and doesn't cover the cost of hiring someone else…which also invalidates the warranty.

The Consumer Rights Act says:

55Right to repeat performance

(1)The right to require repeat performance is a right to require the trader to perform the service again, to the extent necessary to complete its performance in conformity with the contract.

(2)If the consumer requires such repeat performance, the trader—

(a)must provide it within a reasonable time and without significant inconvenience to the consumer; and

(b)must bear any necessary costs incurred in doing so (including in particular the cost of any labour or materials).

(3)The consumer cannot require repeat performance if completing performance of the service in conformity with the contract is impossible.

(4)Any question as to what is a reasonable time or significant inconvenience is to be determined taking account of—

(a)the nature of the service, and

(b)the purpose for which the service was to be performed.

How do I get Wickes to just repeat the job - not all of it but the bits that need repeating?

Anyone had any success or do I have to go to court?

user1977

Generally, yes, anybody might refuse to honour their obligations until a court orders them to do so. That's what courts are for. But threatening to go to court (i.e. sending a "letter before action") often does the trick - they're unlikely to want to spend legal fees defending the action unless they really think they're in the right.

Undervalued

Normally you would be expected to give the original firm one opportunity to properly correct any problems.

If they fail to do that you can engage another firm to assess what needs doing and pay them or somebody else the reasonable cost of doing the work (best to get two or more quotes). Whatever reasonable costs you incur can be deducted from the original firms bill. If you have already paid the original firm you can ask them to reimburse you and sue them for the money if they refuse to pay.

Document the defects carefully and make sure any quotes you get clearly say what needs doing and what it will cost.

Alderbank

Undervalued said:

If they fail to do that you can engage another firm to assess what needs doing and pay them or somebody else the reasonable cost of doing the work (best to get two or more quotes). Whatever reasonable costs you incur can be deducted from the original firms bill. If you have already paid the original firm you can ask them to reimburse you and sue them for the money if they refuse to pay.

My reading is that the OP doesn't want that. A new right was added to the CRA2015 (in 2017 I think) to request repeat performance, which is where the original contractor has to come back and repeat the job properly. This right (section55) is what the OP has asked about.
It can be a good solution when it works. A typical situation is where the contractor has done the job itself OK but has failed to clean up and remove waste as per the contract. s55 can make them return and finish off.

A possible problem in the OP's case is that s55 says that repeat performance cannot be enforced if it is not possible for some reason, you can then only ask for a price reduction. The work was presumably done for Wickes by a subcontractor. If the subbie refuses to go back Wickes cannot force them, they can only offer the OP a price reduction instead. The OP says that Wickes have offered to replace materials and a price reduction but they refused to accept this.

Does anyone have any suggestions for how we can help the OP to enforce s55?

the_lunatic_is_in_my_head

Alderbank said:

Undervalued said:

If they fail to do that you can engage another firm to assess what needs doing and pay them or somebody else the reasonable cost of doing the work (best to get two or more quotes). Whatever reasonable costs you incur can be deducted from the original firms bill. If you have already paid the original firm you can ask them to reimburse you and sue them for the money if they refuse to pay.

Does anyone have any suggestions for how we can help the OP to enforce s55?

I don't think you can force it, as you said if it's impossible, or the trader fails to carry out a repeat performance, then there's the right to a price reduction instead.

Although I think the term about conformity being impossible relates more to something offered that then simply isn't possible to do rather than availability of someone to supply the service which is more covered by reasonable time.

Wickes can of course say they don't have anyone to do it for x amount of months twisting the OP's arm into a price reduction, the only way to know if they was telling the truth on timeframes would be to talk to them about booking a new bathroom install as a different customer and see what timeframes are offered. 

Undervalued

Alderbank said:

Undervalued said:

If they fail to do that you can engage another firm to assess what needs doing and pay them or somebody else the reasonable cost of doing the work (best to get two or more quotes). Whatever reasonable costs you incur can be deducted from the original firms bill. If you have already paid the original firm you can ask them to reimburse you and sue them for the money if they refuse to pay.

My reading is that the OP doesn't want that. A new right was added to the CRA2015 (in 2017 I think) to request repeat performance, which is where the original contractor has to come back and repeat the job properly. This right (section55) is what the OP has asked about.
It can be a good solution when it works. A typical situation is where the contractor has done the job itself OK but has failed to clean up and remove waste as per the contract. s55 can make them return and finish off.

A possible problem in the OP's case is that s55 says that repeat performance cannot be enforced if it is not possible for some reason, you can then only ask for a price reduction. The work was presumably done for Wickes by a subcontractor. If the subbie refuses to go back Wickes cannot force them, they can only offer the OP a price reduction instead. The OP says that Wickes have offered to replace materials and a price reduction but they refused to accept this.

Does anyone have any suggestions for how we can help the OP to enforce s55?

It may be a "right" but if it can't be exercised because the supplier can't or won't do it what is the remedy?

A court isn't going to physically force the tradesmen to turn up (and would you actually want that?!?).

So, are you saying that rather than have another firm complete the job the OP could have them rip it all out and start again then send Wicks the bill as "repeat performance"?

Alderbank

Undervalued said:

Alderbank said:

Undervalued said:

If they fail to do that you can engage another firm to assess what needs doing and pay them or somebody else the reasonable cost of doing the work (best to get two or more quotes). Whatever reasonable costs you incur can be deducted from the original firms bill. If you have already paid the original firm you can ask them to reimburse you and sue them for the money if they refuse to pay.

My reading is that the OP doesn't want that. A new right was added to the CRA2015 (in 2017 I think) to request repeat performance, which is where the original contractor has to come back and repeat the job properly. This right (section55) is what the OP has asked about.
It can be a good solution when it works. A typical situation is where the contractor has done the job itself OK but has failed to clean up and remove waste as per the contract. s55 can make them return and finish off.

A possible problem in the OP's case is that s55 says that repeat performance cannot be enforced if it is not possible for some reason, you can then only ask for a price reduction. The work was presumably done for Wickes by a subcontractor. If the subbie refuses to go back Wickes cannot force them, they can only offer the OP a price reduction instead. The OP says that Wickes have offered to replace materials and a price reduction but they refused to accept this.

Does anyone have any suggestions for how we can help the OP to enforce s55?

It may be a "right" but if it can't be exercised because the supplier can't or won't do it what is the remedy?

A court isn't going to physically force the tradesmen to turn up (and would you actually want that?!?).

So, are you saying that rather than have another firm complete the job the OP could have them rip it all out and start again then send Wicks the bill as "repeat performance"?

It may be a "right" but if it can't be exercised because the supplier can't or won't do it what is the remedy?

• As I said, if repeat performance can't be exercised the remedy under s55 is price reduction.

A court isn't going to physically force the tradesmen to turn up (and would you actually want that?!?).

• The OP has asked for exactly that. That is the extra right which s55 added to CRA2015. As I said, the tradesmen can't be forced to turn up.

So, are you saying that rather than have another firm complete the job the OP could have them rip it all out and start again then send Wicks the bill as "repeat performance"?

• No, not at all. s55 is a separate right to other rights under CRA which are still available as an alternative. s55 doesn't involve any other firms and doesn't send anyone any bills. s55 is a right to request the original contractor to return to complete the job as per contract.

sheramber

Would you want someone who did shoddy work to return to repeat the process?

Alderbank

sheramber said:

Would you want someone who did shoddy work to return to repeat the process?

If you wouldn't, you would not exercise your right under s55. The OP's question seems to be about s55.