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Can I sue

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Hello, last year I bought £1000 worth of garden flags from a garden centre. After months of waiting for them and then finally getting someone to lay them I finally got the job done last October. It's only been 6 months and the flags which are Mellow Gold have faded a little and there is like a red stain coming out of some and now small holes pin type and bigger are showing. Also, some of them have black marks on them which the builder said have come off the mould. These flags are actually made out of concrete.

The boss is coming to have a look at them in a few days’ time. I have been in touch with Trading Standards and they say I have a claim.

Ian the boss will no doubt just offer me a few quid back but I was wondering can I sue the company, Bowland Stone to have the job redone as it's the labour that is going to cost more to have the job redone?

Best,

Steve

 


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Comments

  • born_again
    born_again Posts: 20,503 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    Any claim would be against the seller of the goods. If you bought them. many flags develop mould on them. It what happens. Nothing you can do to stop it other than keep washing them to remove the cause.

    https://www.washingtonpost.com/news/where-we-live/wp/2017/10/31/how-to-prevent-mold-and-mildew-from-growing-on-your-patio/
    Life in the slow lane
  • I'm assuming it's been more than 6 months so the garden centre who sold you the slabs can request you show there's a problem.

    A problem would have had to have been there at the point of delivery but that doesn't mean it had to be visible, clearly the issue has manifested later on and that's fine if it's an issue with the stone. 

    Red stains could be rust from impurities in the concrete.

    If the retailer agrees there is a problem they should repair (unlikely) or replace the affected slabs and cover the cost of doing so. 

    You can "sue" them after exhausting all other avenues as this should be a last resort, although a letter detailing your intention to do so can be sent at any time. 

    Before looking to this avenue the important part is being able to show (typically by way of independent inspection) that the problem is with the goods and not other factors. 
    In the game of chess you can never let your adversary see your pieces
  • sheramber
    sheramber Posts: 22,565 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    The black marks are lichen which is in the air and lands on the flags and grows. It happens when the are is damp.

    https://www.pavingexpert.com/maintain_03
  • stevio
    stevio Posts: 73 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker

    Thanks guys, the black marks were on the flags when they were delivered and as the builder says they are marks left by the mould that they us to cast the flags. A guy came out from the company soon after they were laid and more or less fobbed my wife off and said he'd give us a can of sealer next year (now this year). I waited for almost 5 months to actually get them delivered I wanted to get them fitted and I thought the black marks would jet off.

     

    But since then they have deteriorated even more. The yellow seems to have washed off them to some degree. Then I recently noticed red stains coming out of some then I've noticed some are going whiter now. Then the last inspection has now revealed loads of pin holes in a lot. When I say pin holes I don't mean tiny holes.

     

     




  • TELLIT01
    TELLIT01 Posts: 18,019 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper PPI Party Pooper
    Can you post photos?  That would help in understanding the problem better.
  • stevio
    stevio Posts: 73 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    showing red marks 
    Whitening
    pitholes
  • stevio
    stevio Posts: 73 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    this is the display at the garden centre

  • born_again
    born_again Posts: 20,503 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    Display will be jet washed on a regular basis as well as being treated.
    Life in the slow lane
  • mobileron
    mobileron Posts: 1,218 Forumite
    Part of the Furniture 1,000 Posts
    You can sue anyone,but you then have to win the court case.
  • Archie_Duke
    Archie_Duke Posts: 287 Forumite
    Part of the Furniture 100 Posts Photogenic Name Dropper
    You mention in your OP @stevio that these “flags” are concrete, are you saying that you thought they were real stone when you bought them? You didn’t look at them as they were being laid? The photos you posted look exactly what I’d expect paving slabs to look like after 6 months. The green is algae, which usually comes over winter when it’s damp and dark, it washes off with an  application of stone cleaner and some elbow grease, or a pressure washer. The one with the pores is not good, but I expect those have been there from the beginning - very doubtful that they will just have formed.
    Arch
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