Bathroom company refusal to correct

yellowelise

Hi and sorry for the very long story

A bathroom company are refusing to correct a leaking bathroom.
I have an email copy of the contract which was emailed to me by the company after purchase. It is identified as Version2.
This clearly shows that I paid for the installation by the company involved and that there is a 2 year workmanship gaurentee.

They initially avoided sending someone out and then delayed and delayed until I paid for my own inspection which identified workmanship issues. They still would not listen and so I got the manufacturer of the leaking unit to attend, who identified the shower unit was not only leaking due to workmanship issues in the copper pipework but also that it had been wholley incorrectly installed with no workable access so they could not reach the power unit plug in their computer.  I sent both reports to the company, they reimbursed me for the reports and then eventually sent their own inspector out. This was over 6 months the after the first contact about the leak.

The report states clearly the companies 'rectification team' should attend and correct the intallation. This is clearly written in a number of the pages. The inspector also verbally told me not to worry and that this was clearly a workmanship issue they would fix. It may take some time to arrange but not to worry.

A number of weeks later I recieved an email stating that they had reviewed the report and that they considered the installation had been 'non standard' that I therefore must have paid the installer myself and that the installation was thrrefore not covered by the gaurentee.  The term non standard had been used in the report in my opinion this was to show their installer did it in a non standard way. 

I complained and stated all the facts including offering to prove I never paid anyone but the company themselves to install my bathroom including providing all my bank statements. 

I stated that I paid them and no one else, they must come and rectify as their inspector had verbally informed me and in my opion his report backed this up plus my emailed contract.

They then produced a croped picture of a contract at version 4 which didn't have the installation listed, my name was not shown and they gave not been able to send me this document. They insist it is the latest one on their system and they cannot trace previous ones. I had never seen this and it has never been sent to me. I repeated that I had proof I paid for the installation, there had never been any refund or later version sent to me, discussed with me or agreed with me.
They agree that I paid them the amount identified in my version of the contract which includes the installation.  They could not explain why I would request the the installation was removed from the contract with no confirmation and no refund.

They reconfirmed their opinion the installation was not covered. All my points and questions were ignored with then another email just saying the same, eventually they offered me £200 as a good will gesture.

I refused and placed an SAR on them.

I phoned consumer rights organisation who sugested I write to the company giving them 9 days to agree to rectify the installation prior to small claims. I have this letter ready and was waiting for the response to my SAR to include the response in the letter.

They have now failed ro respond to my SAR (over 28 days) and have therefore  refused to show me any full paperwork that states I requested and confirmed the removal of the installation for no refund. (Why on earth would I)

Their responce which does not cover the  SAR simply says they can find no evidence that I paid them for the installation, on this basis they will not rectify the installation.
It ignores the basic fact I have sent them the actual email from their company email address in the first place with the contract attached clearly stating it is included.
They end this last responce by suggesting I take this to the Furniture and Housing Improvement Ombudsman. But I have heard this organisation fails to uphold the majority of claims. Can I just continue to take them to small claims as the consumer rights have suggested.

Does anyone have any views on this?

PHK

It’s your decision to take either route. But beware that as the ombudsman is a free adjudication route then you are unlikely to be able to claim any costs in court because you didn’t mitigate your loss. 

Who was the consumer rights organisation you contacted? 

It would be helpful for all if you tried to be as clear as possible (eg you suddenly introduce Version 2 without explaining what it is). 

I think what you are saying is that the bathroom installation is poorly done, you have report(s?) which detail this, you’ve contacted the company detailed as the installer  in your contract but they say that there is a later contract that superseded the one you have. Is that right? 

yellowelise

Thanks @PHK

I contacted the citizens advice bureau consumer rights team. They advised I give 7-10 days to agree to fix the shower before launching small claims court action.

The contract I signed and which they emailed ro me was version 2 as I had changed from a panelled shower in version 1 to a tiled one in version 2, both show the installation of the shower itself is included in the price. 

Yes they are saying they have a later one at version 4 where I must have requested that the installation of the shower was removed.

I did not. 
I have recieved no refund 
I did not pay their installer separately (as they say I must have)
I am happy to provide bank statements to show I made no seperate payments
They can provide no evidence I requested such a change
The last correspondence was at issue 2 to to my email address
They cannot explain the change nor when it was done, they asked the salesman who has said he cannot remember anything.
They have refused to provide the paperwork when asked for it, all they have is on their system.
I have a report from an independent plumber saying it is a workmanship issue 
I have a report from their inspector saying it is a workmanship issue 
They will not listen and just keep saying the same thing.

I just want my shower repaired 

Okell

yellowelise said:

Thanks @PHK

I contacted the citizens advice bureau consumer rights team. They advised I give 7-10 days to agree to fix the shower before launching small claims court action...

Then launch small claims court action - CABx are usually pretty good on giving advice in this sort of situation.

Did CABx explain to you how to go about it?