Wren kitchen issues - take to Ombudsman?

aecb

We have recently had a Wren kitchen installed for which we have made a complaint following a number of issues we had.  Having had some back and forth with their complaints department, we have been offered compensation of slightly under 2% of our kitchen cost (excluding fitting) which is almost double their initial offer but still significantly less than we might have hoped for although we believe the most that they will offer.

We have had many issues, which were detailed in our complaint letter to them, but the two ones that I would see as key are:

- Wren have been unable to implement the design that their designer came up with for us and was agreed in the contract that we signed with them.  There are three significant areas in which the original design could not be implemented and we have had to come up with alternative solutions ourselves, either via Wren or other sources.  It was only identified that the design couldn't be implemented during the installation process when our old kitchen had been taken out and our new kitchen was partway through being installed but not functional, so our hands were tied in terms of needing to find replacement solutions quickly.  These design aspects are primarily for cosmetic and/or practical reasons but were specifically requested by us at the design stage, rather than functional.  Whilst Wren have refunded us for the unused parts where they were supplied for design aspects that couldn't be implemented (but we had to pay for the alternative solutions, whether via Wren or other sources), we feel we should be given compensation for the fact that ultimately they haven't provided the kitchen agreed in the contract and, had we known at the outset that these design aspects weren't possible, we would have chosen an alternative kitchen provider.  The alternative solutions are compromises, not in any way like-for-like.

- Clearly all this has taken significant additional amounts of our time, caused stress and inconvenience, along with resolving the other issues that we encountered.  Wren Customer Service have not been at all helpful in resolving our issues, even though they were caused by Wren, which has compounded the time and effort wasted.

We are therefore considering taking this complaint to the Ombudsman, but I was wondering if anyone had any sense of whether we are likely to be successful in receiving higher compensation from this route when both the things above are unquantifiable since there is not a direct loss from either as such?  Whilst I feel we should be offered significantly more in compensation, particularly for the first aspect, I don't want to waste more time pursuing this further on a route that is unlikely to be successful.  Whilst Wren have not given an indication of how they have arrived at our revised compensation amount (which is a precise figure to an exact pence amount, whereas the initial offer was rounded), they have noted that they do not compensate for the second point above and that the amount of compensation is unrelated to the overall cost of the kitchen (although we believe the design issues should be).

Thanks in advance for any responses!

Aylesbury_Duck

I don't see what alternative you have if you've exhausted their complaints process and aren't willing to accept their offer.  It's a straightforward stick-or-twist situation.  Take what's offered, or gamble in the hope of getting more but risk ending up with less.

BoGoF

What Ombudsman are you thinking of here?

aecb

BoGoF said:

What Ombudsman are you thinking of here?

The Furniture and Home Improvements Ombudsman, which I believe is the relevant one for Wren and one whose decisions they view as binding.

DullGreyGuy

You dont say why the design couldn't be implemented which is going to be key to your prospects of success. Its not clear that its a problem the designer could reasonably have predicted or if you have an unorthodox build that you failed to inform them of and they couldn't have predicted.

Compensation will be based on what your financial loss has been not an arbitrary percentage of the fee paid. 

The Furniture Ombudsman is a voluntary organisation, a form of ADR, and not a statutory ombudsman like the Financial Ombudsman. They make their revenue from their members and their members are free to leave whenever they want so you may question how close to the fire they'll hold their members feet when they can just quit. 

Registered one complaint with them once, very helpful sounding on the phone, about 5 promises of call backs, never heard from them again. 

aecb

Thanks for the additional information.  As noted by a previous poster, I appreciate that any further escalation will by nature involve some level of risk that we could end up with less.

The design aspects which couldn't be implemented were using standard Wren pieces in a non-standard way admittedly, because we had asked for certain styles/features if possible, but were designed by a Wren designer who had visited our house and measured up etc so we feel the designer should have known what could realistically be done.  It was subsequently agreed between our fitters and Wren that they couldn't be implemented so the fault is clearly with Wren as they produced the original design, which was included in the contract we agreed with them, and they have subsequently agreed that certain aspects couldn't be implemented, acknowledged by the fact that they have provided refunds for the parts that were delivered but not used due to design issues.  However had we been told at the outset that they couldn't implement these aspects of the design, we would have used a different kitchen provider who could better meet our requirements and we feel we should be compensated for the loss of opportunity to do this, leaving us with a compromised kitchen.  Effectively we feel that Wren took our money at the point the contract was signed and then left us in the lurch having done so.

For example, one such design aspect that couldn't be implemented was "flyover" lighting above the kitchen sink whereby a plinth ran across the kitchen over the sink with spotlights recessed.  This had an aesthetic purpose as we liked how it fitted in with the rest of the kitchen, as well as a functional lighting purpose.  At the fitting stage after our old kitchen had been removed, it was determined this couldn't in fact be done and neither Wren nor our fitters could come up with an alternative similar workable design.  Ultimately we sourced and arranged separate fitting of two fairly standard lights in the wall above the sink - so largely meets the same functionality (although I would argue not as good) but a very different aesthetic to what we wanted and had specifically requested at the design phase.

PHK

My personal feeling is that you've had a disappointment but not significantly more stress than goes with any major project. I know you are close to the situation so need some outside perspective. With that in mind I hope you don't mind me saying that whether the compensation offered is reasonable is hard to say as we have a dramatic account but very little detail to be able to assess. 

The key here is why some of the design elements couldn't be achieved and how much  they've offered in compensation. 

RefluentBeans

What outcome do you want? 

I’m afraid that the stress and time argument holds little value unless it’s caused actual losses - so unless you’ve had to cancel holidays, work, etc. or had to receive therapy as a direct result of this situation, I think you’ll struggle to say ‘I was put under undue stress and I want to receive £X’ - as you’d have to explain how you’ve come to this number.

Additionally, it’s important to remember that the compensation has to be as a result of losses experienced by you. The UK does not have punitive damages (and when they do, it’s normally done by regulators and you wouldn’t see that money). So you need to take emotions out of this, and think about what damages are realistic. I know that this isn’t what you probably want to hear, I’m sorry.

A 2% refund on the material cost equates to what refund in pounds? And what refund do you want? 

DullGreyGuy

aecb said:

For example, one such design aspect that couldn't be implemented was "flyover" lighting above the kitchen sink whereby a plinth ran across the kitchen over the sink with spotlights recessed.  This had an aesthetic purpose as we liked how it fitted in with the rest of the kitchen, as well as a functional lighting purpose.  At the fitting stage after our old kitchen had been removed, it was determined this couldn't in fact be done and neither Wren nor our fitters could come up with an alternative similar workable design.  Ultimately we sourced and arranged separate fitting of two fairly standard lights in the wall above the sink - so largely meets the same functionality (although I would argue not as good) but a very different aesthetic to what we wanted and had specifically requested at the design phase.

So presumably you mean something like this over the sink:



Why couldn't it be done?

Wren are not a bespoke kitchen company and so either you buy the ready made components you need and adjust your design or you get a good fitter who can modify their components to your needs. We took a bespoke kitchen design to them to see how close they could get and their results were laughable... bespoke design had a peninsular made of reduced depth units with drawer units on one side, display units on the other and an electric hob on top giving something about 900mm width. Wren gave 600mm width made of drawer units with display units on poles on top of the work surface with a gap in them over the hob. 

pinkshoes

As above, WHY couldn't they fit these features? 

If it was because they discovered something that prevented this feature being installed at all, then you won't be able to get compensation as sometimes these things are inevitable.

If it was because their fitter was incompetent and another fitter could have done it then why didn't you stop things there and then to get someone else in? I'd be getting a quote to get someone else in to fit this feature and claiming any difference in cost back.

We had a bathroom fitted and once they'd taken the old bathroom out we had to change the design due to floorboard joist positioning. It was annoying but not the fitter's fault. 

the_lunatic_is_in_my_head

Hello OP

You might find the guidance notes on the CRA with regards to price reductions useful:

https://www.legislation.gov.uk/ukpga/2015/15/notes/division/3/1/5/4/1

The bit at the end most parallels your situation 

For example, if a decorator is engaged to paint a room in a certain high quality paint, stating in advance that he/she will do so, and the consumer took this into account when deciding whether to enter into the contract with this decorator, and the decorator uses lower quality paint, the consumer would be entitled to have the room repainted in the agreed paint and, if that was impossible or couldn’t be done for another (say) ten weeks, the consumer would be entitled to a reduction in price. If the decorator claimed to have a certain qualification and the consumer only wanted to contract with someone with this qualification, which the decorator did not in fact have, the consumer would be entitled to a price reduction. If the decorator were to arrive to paint the room one year after being engaged to do so, that delay would entitle the consumer to a reduction in price. A reduction in price could be of the full amount.

I don't think you mentioned how much the kitchen is, I would assume the expectation of a £5k kitchen would be different to that of a £50k kitchen (presumably you sit somewhere in the middle). 

Ultimately you are probably entitled to something, what amount is a matter of opinion and ultimately only a court is going to decide if you and Wren aren't able to come to an agreement.

DullGreyGuy said:

Wren are not a bespoke kitchen company and so either you buy the ready made components you need and adjust your design or you get a good fitter who can modify their components to your needs. 

It's probably an example one of those cases that doesn't occur as often as it should, in that the trader should decline custom rather than agree the work and then figure out they can't do it because they aren't a specialist.