Faded / faulty carpet

Norahnoo

longjohnjohnson said:

Norahnoo said:

Update:  I had the carpet independently tested as the manufacturer insisted there was nothing wrong with it and wouldn't provide me with their report.  My independent report says in their opinion there is a defect.  I've provided a copy of my report to the retailer and the manufacturer.  The retailer has offered me some money back, but I want the carpet replaced including fitting.  They've basically told me to go to court - so my next step is Alternative Dispute Resolution.  I've asked the retailer for their final response.  I'll let you know! 

You won't win if you go to court.

The carpet is two and a half years old for starters.  Expecting them to replace an old carpet with a brand new one, and fitting it?  LOL.

If you take them to court expect maybe half the price paid back and you'll have to swallow the court costs for your unreasonableness, so you'll end up with maybe a third of what you paid.

2 and a half years for a luxury graded carpet? you think that's acceptable? I don't.  Not to mention it's fitted in a room used less than a month in a year but that has no bearing really, its a manufacturing fault, do you pay full price for "seconds"? No Lol. like I said, why should I bear the brunt of their defective product?  I don't want to keep the carpet at half price or any other price to be honest, I'm quite within my rights under CRA 2015 to expect a replacement and they can have their carpet back.   

TELLIT01

There was one comment about£10 -  £12 carpet.  I don't see anything from Norahnoo stating the price. How much was this carpet per square yard/metre?

Norahnoo

the_lunatic_is_in_my_head said:

Norahnoo said:

Can anyone advise - The retailer have offered me a partial refund, however this won't cover the cost of a new carpet let alone the fitting of it.  ADR is not on because of the time limit they set for their members.  I'm drawing up my letter before action, can I give 2 options to the retailer; either refund in full (including fitting) so that I can go somewhere else and purchase a new carpet etc or replace it themselves.  I keep reading about the partial refund because of wear and tear, however, this fault was obviously at the manufacturing stage so why should I bear the brunt of losing monetary value.  I don't particularly want to keep the carpet as it's losing it's colour.  

OP if there is a problem the trader should replace/refund.

You can force them to if it’s impossible or disproportionately expensive in which case you would be entitled to a refund (reduction permitted, typically lifespan vs ownership) or a price reduction. 

What does your report say is actually wrong with the carpet?

The report says "fails to meet the generally accepted minimum requirement allowed for pastel shades" and concludes in their opinion, "the result indicates a manufacturing defect with regard to poor colour fastness to light".  

Norahnoo

TELLIT01 said:

There was one comment about£10 -  £12 carpet.  I don't see anything from Norahnoo stating the price. How much was this carpet per square yard/metre?

 It cost £35.99 per sq yd/metre.  

sheramber

 I'm quite within my rights under CRA 2015 to expect a replacement and they can have their carpet back. 

  Then why are you asking on here what you can claim for? 

Are you just wanting someone to agree with you?

Grumpy_chap

Norahnoo said:

I'm quite within my rights under CRA 2015 to expect a replacement and they can have their carpet back.   

Then follow the advice given here:
https://www.which.co.uk/consumer-rights/regulation/consumer-rights-act-aKJYx8n5KiSl

After the 2.5 years that you had the carpet and beneficial use, the value of any refund would be reduced by the proportion of benefit you have gained.  Or you would need to make that proportion as contribution towards cost of replacement.

clearancer

Carpet fitter partner says: Are they still selling the carpet? If not, you have a "stronger" case as its likely they've had several complaints. There is no way they will replace it. This is one of those cases where a local newspaper journalist would love to write a story, you with a sad face pointing to your carpet. The best you can expect is 30-50% off a new carpet (plus fitting) or 20-30% rebate of what you paid for the carpet EXCLUDING fitting. Dig out the original paperwork and google the exact manufacturer/brand and colour and see if there are discussions on problems. Errors do happen in manufacture, or maybe you are just unlucky. 

Norahnoo

sheramber said:

 I'm quite within my rights under CRA 2015 to expect a replacement and they can have their carpet back. 

  Then why are you asking on here what you can claim for? 

Are you just wanting someone to agree with you?

I asked a reasonable question and it's lead to others.  No I don't want someone to agree with me I'm happy to hear their opinions and suggestions, "expert" advice too if possible. Is that not what this forum is for?!  

the_lunatic_is_in_my_head

Norahnoo said:

the_lunatic_is_in_my_head said:

Norahnoo said:

Can anyone advise - The retailer have offered me a partial refund, however this won't cover the cost of a new carpet let alone the fitting of it.  ADR is not on because of the time limit they set for their members.  I'm drawing up my letter before action, can I give 2 options to the retailer; either refund in full (including fitting) so that I can go somewhere else and purchase a new carpet etc or replace it themselves.  I keep reading about the partial refund because of wear and tear, however, this fault was obviously at the manufacturing stage so why should I bear the brunt of losing monetary value.  I don't particularly want to keep the carpet as it's losing it's colour.  

OP if there is a problem the trader should replace/refund.

You can force them to if it’s impossible or disproportionately expensive in which case you would be entitled to a refund (reduction permitted, typically lifespan vs ownership) or a price reduction. 

What does your report say is actually wrong with the carpet?

The report says "fails to meet the generally accepted minimum requirement allowed for pastel shades" and concludes in their opinion, "the result indicates a manufacturing defect with regard to poor colour fastness to light".  

If you have a report saying the carpet has manufacturing defect send the company a letter before action (templates in Google), include the report and ask for then to repair or replace the carpet or if that isn't possible that you are exercising your final right to reject the goods and request 75% of what you paid. 

You mention emailing the MD so presumably it's a big company (you are allowed to name the company if you wish)? 

sheramber

The consensus of 'expert' opinion on here is you are not entitled to a free  replacement.

You can now  decide whether you follow these opinions or pursue a free replacement.