1st Post. Naming a Company

eskbanker

Alderbank said:

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.

While the wording does literally state 'any costs', I'd have thought that a reasonable interpretation in a carpet replacement scenario would be for the fitting itself (plus lifting the old one), i.e. the same processes as for the original job - if OP took responsibility for shifting furniture first time round then I'm not convinced that the quoted CRA wording actually mandates that the trader does so second time round, in that it's not an inherent part of the removal and reinstallation....

Grumpy_chap

Alderbank said:

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.

I don't agree with that interpretation.

I read it that if the goods that are faulty - like a carpet - have been installed, then the supplier has to remove and reinstall the goods that are faulty - like the carpet.

The customer's furniture is not the faulty goods.

That said, rather than the OP seeking compensation, the better approach might be to take a softer line and ask for the supplier to provide assistance with moving the furniture because it is more difficult for the OP to do.  That may well be worth more to the OP than any notional compensation.  It may also be easier for the supplier to provide.

Alderbank

My test is simpler than yours.

1. Does the furniture have to be moved for the removal of an installed item and reinstallation of a replacement?
2. If so, then it is a cost which must be borne by the trader.

DullGreyGuy

Alderbank said:

My test is simpler than yours.

1. Does the furniture have to be moved for the removal of an installed item and reinstallation of a replacement?
2. If so, then it is a cost which must be borne by the trader.

Other than there is no cost for the OP to move the items as they did the first time.

There is still the general principle for the OP to be reasonable 

powerful_Rogue

Rykie said:

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. 

Paying on a credit card would have made no difference to the current situation you are in. Tapi are being cooperative and currently complying with the CCR's.

As for the manage not apologising because there is a default with the carpet, does and insincere apology really mean that much?

Grumpy_chap

Alderbank said:

My test is simpler than yours.

1. Does the furniture have to be moved for the removal of an installed item and reinstallation of a replacement?
2. If so, then it is a cost which must be borne by the trader.

Simpler, yes, but is it correct?

The OP's furniture is not an installed item.

Alderbank

Grumpy_chap said:

Alderbank said:

My test is simpler than yours.

1. Does the furniture have to be moved for the removal of an installed item and reinstallation of a replacement?
2. If so, then it is a cost which must be borne by the trader.

Simpler, yes, but is it correct?

The OP's furniture is not an installed item.

Agreed.
The installed item is the faulty carpet.