Where do I stand? Faulty install bathroom

Crane83

Hi. So we purchased our new bathroom furniture from a company last year and they introduced us to their fitter (a sun contractor). 

Without going into the full detail - ultimately he “finished” the job after 12 weeks (despite being told it’d take 2/3) and we have developed a leak twice since which he hasn’t rectified satisfactorily. This was caused by him not installing a part in accordance with manufacturers instruction. 

The bathroom company don’t want anything to do with it (citing sun contractor) and say they aren’t working with him anymore. I have his liability insurance details and am trying to claim the damages for rectification on this - but he won’t authorise the claim (and they say they can’t commence without his approval). 

We’ve tried mediation, attempted repairs twice and now the relationship is somewhat soured. Is there any way I can force his insurance company to act? Where do I stand? As things stand currently we have a brand new bathroom we’ve spent £000s on which we are unable to use  

Aylesbury_Duck

Did you contract with and pay the fitter separately?  If not, then the bathroom company have liability.

Assuming you have a contract directly with the fitter, I'd send him a LBA threatening small claims court.  He'll probably pass it onto his insurance who should take it from there.

Crane83

Yes - I dealt with the fitter separately sadly. I’ve had similar experience in the past with Wren - seems to be an easy way for companies to avoid taking responsibility!

what’s an LBA? I also wondered if I could get the legal assistance cover that I have that’s offered by my home insurance policy (although not sure if that would affect my claims history). Thanks!

Olinda99

the first thing to do is to find someone to fit the part properly and pay them.

You then send a demand to original fitter for this amount plus any other losses and give them a reasonable time to pay

if they don't pay, send them a letter before action (google for template) and then small claims court

Crane83

Thanks Olinda - the problem is that tiles need to come off to properly rectify, and the shower tray needs lifting up. So the tradesman I have had come into quote is saying it’s a “how long is a piece of string” regarding the fix. 

The tiles could come off easily and it’s a straightforward fix - but there’s also every chance the plasterboard will get blown / other tiles damaged as they remove which could end up necessitating just about a whole bathroom refit - which we cannot afford to pay to get done again and then hope we are able to claim it back!

pinkshoes

Crane83 said:

Thanks Olinda - the problem is that tiles need to come off to properly rectify, and the shower tray needs lifting up. So the tradesman I have had come into quote is saying it’s a “how long is a piece of string” regarding the fix. 

The tiles could come off easily and it’s a straightforward fix - but there’s also every chance the plasterboard will get blown / other tiles damaged as they remove which could end up necessitating just about a whole bathroom refit - which we cannot afford to pay to get done again and then hope we are able to claim it back!

Then get the new contractor to put this in writing. He needs to state what the problem is, and what work needs to be done to rectify the work. 

As it is unknown how much it might cost, and the original fitter has already refused to complete it, then it is probably best to get the work done, then take the original fitter to court for the cost of putting right his errors, using the written statement from the new fitter as your evidence. Get some photos taken to whilst the work is carried out to show what needed to be done.

Aylesbury_Duck

Crane83 said:

Yes - I dealt with the fitter separately sadly. I’ve had similar experience in the past with Wren - seems to be an easy way for companies to avoid taking responsibility!

what’s an LBA? I also wondered if I could get the legal assistance cover that I have that’s offered by my home insurance policy (although not sure if that would affect my claims history). Thanks!

Sorry - Letter Before Action.  Google for templates, but it's a formal letter giving notice of potential court action and a final chance for the retailer/supplier/fitter to organise a solution.

I would definitely talk to your legal assistance people.  You don't have to make a claim, at this stage you just need advice.

Crane83

thank you all so far. I have Arc Legal Assistance through insurance - so I’ve filled in their claims form, attached a chronology of events, alongside photos/text/other evidence to help case. 

They “aim to respond in 5-7 days” - here’s hoping!