1st Post. Naming a Company

Rykie

I don’t know if I am allowed to name a company about my Consumer Rights? Having a lot of worry and stress over some goods costing just over £500 and has a serious defect! The company has not even admitted liability for the sale of defective goods. A large company that has many stores in the UK. Advice please, and then I can give details of this very bad experience. Paid with a debit card, pity I did not have a credit card. I will apply for one. More consumer protection if things go wrong.

Keep_pedalling

You can name the company.

TadleyBaggie

As what you say is factual, naming is not an issue.

eskbanker

Rykie said:

The company has not even admitted liability for the sale of defective goods.

The key thing will be to exercise your statutory consumer rights, i.e. to secure your desired solution in terms of refund/repair/replacement, rather than trying to get a company to 'admit liability' as such.

Rykie said:

Paid with a debit card, pity I did not have a credit card. I will apply for one. More consumer protection if things go wrong.

There are some aspects of section 75 (credit card only) that exceed the provisions of the chargeback scheme (available for debit card purchases too), but the latter does offer plenty of protection.

Rykie

OK, thanks. The name of the company is Tapi Carpets. Carpet was fitted 4 April 2023, after the fluff was cleaned up I noticed a dark mark stretching right across the centre of carpet, edge to edge. Tapi said it was a ‘pole mark’ and would fade away and vanish in a few weeks. The mark is still as bad and other visitors have noticed it. Tapi sent a consultant and he admitted it was a defect in the manufacture, he and the store manager did not even apologise. Not sure what is going to happen. But if they have to fit another carpet, I expect to receive some form of compensation. I 73 and I am not happy to have to move all the furniture, audio and tv equipment, and back again. Very angry at Tapi, and fitter for allowing this defective carpet to be fitted. Because of all the hard work and time not sure what compensation I should get. Any views? Thanks

eskbanker

I think you should focus on exercising your consumer rights, in terms of getting them to replace the carpet - they may be prepared to offer a goodwill gesture to recognise inconvenience but that's not a statutory right that you're entitled to.

Wonka_2

To manage expectations you're not 'entitled' to anything other than for the correct, undamaged carpet to be fitted.

Not sure how Tapi manage their fitting service - whether it's in-house or sub-contracted but the best you can hope for is an in-house (or friendly sub) who'll do the movement, removal, fitting and replacement for you, together maybe with an apology.

Expecting anything more is likely to lead to disappointment 

DullGreyGuy

Compensation is based on your financial losses and you have a legal obligation to take reasonable steps to minimise those. 

If you have had no financial loss and it's just "inconvenience" then what you are really looking for is a gesture of goodwill from them and have no statutory right to demand it. That said an appropriate email to head office may get you a token sum 

Rykie

Thanks. It is still early days, and have just received an email from Tapi saying a complaints manager will be contacting me very soon. Last week I did send Tapi an email with my complaint, so everything is in writing. I will be applying to my bank for a credit card. Any large payments in future will be with a credit card. I will get back and let you know what outcome I get from Tapi Carpets. 

TELLIT01

Don't go in with both feet, demanding compensation.  As has been said, all you are actually entitled to is either an undamaged carpet or a full refund.  If you go in hard they may decide the best course of action for them is to provide a full refund and remove the carpet.

Alderbank

Rykie said:

 But if they have to fit another carpet, I expect to receive some form of compensation. I 73 and I am not happy to have to move all the furniture, audio and tv equipment, and back again. 

You shouldn't have to move your stuff yourself. Tapi must provide someone to do it.

s23 of the Consumer Rights Act 2015 says:
This section details a consumer’s right to insist on repair or replacement of faulty goods, the cost of which must be borne by the trader. This includes the trader bearing any costs involved in the removal of an installed item and reinstallation of a replacement.