Problem with Flooring Superstore

Tescocomplaint

Aylesbury_Duck said:

Tescocomplaint said:

Alderbank said:

Agreed, you're not asking for a refund, you're expecting a replacement.

But in law just as any refund can take account of the age of the item, so can any replacement.

You're not entitled to a brand new carpet, that would be 'betterment'. You are entitled to a carpet of similar quality but which is now upwards of four years old and has had similar wear and tear to yours. The legal term for that is 'indemnity'.

The shop might fit a brand new one out of the goodness of their hearts but they have no legal obligation to do so.

They've already agreed to replace the carpet.

So you keep saying.  What do you want people to tell you, beyond the correct advice you've had already?  

We can't make them fulfil their agreed replacement for you.

I asked what should be my next step because they aren't responding to me. I didn't ask for advice on refunds or replacements as its already been confirmed.  

Aylesbury_Duck

Tescocomplaint said:

Aylesbury_Duck said:

Tescocomplaint said:

Alderbank said:

Agreed, you're not asking for a refund, you're expecting a replacement.

But in law just as any refund can take account of the age of the item, so can any replacement.

You're not entitled to a brand new carpet, that would be 'betterment'. You are entitled to a carpet of similar quality but which is now upwards of four years old and has had similar wear and tear to yours. The legal term for that is 'indemnity'.

The shop might fit a brand new one out of the goodness of their hearts but they have no legal obligation to do so.

They've already agreed to replace the carpet.

So you keep saying.  What do you want people to tell you, beyond the correct advice you've had already?  

We can't make them fulfil their agreed replacement for you.

I asked what should be my next step because they aren't responding to me. I didn't ask for advice on refunds or replacements as its already been confirmed.  

And you've had it.  Go into the store and (politely but firmly) ask them to provide what they said they'd do.  The alternative or next step is court, or at least the threat of it.

The other advice you've had about refunds and replacements is absolutely relevant because your replacement hasn't been confirmed.  You wouldn't be here if it was.  If they won't respond to you then your only option is to take them to court, and that's where understanding your legal entitlement to a refund or replacement is important, whether that's your statutory rights or those provided by the guarantee.

Apart from all of that, the advice you've had may be useful to other people in similar situations with any product or service.  It is a public forum, not a private advice board.

Tescocomplaint

Aylesbury_Duck said:

Tescocomplaint said:

Aylesbury_Duck said:

Tescocomplaint said:

Alderbank said:

Agreed, you're not asking for a refund, you're expecting a replacement.

But in law just as any refund can take account of the age of the item, so can any replacement.

You're not entitled to a brand new carpet, that would be 'betterment'. You are entitled to a carpet of similar quality but which is now upwards of four years old and has had similar wear and tear to yours. The legal term for that is 'indemnity'.

The shop might fit a brand new one out of the goodness of their hearts but they have no legal obligation to do so.

They've already agreed to replace the carpet.

So you keep saying.  What do you want people to tell you, beyond the correct advice you've had already?  

We can't make them fulfil their agreed replacement for you.

I asked what should be my next step because they aren't responding to me. I didn't ask for advice on refunds or replacements as its already been confirmed.  

And you've had it.  Go into the store and (politely but firmly) ask them to provide what they said they'd do.  The alternative or next step is court, or at least the threat of it.

The other advice you've had about refunds and replacements is absolutely relevant because your replacement hasn't been confirmed.  You wouldn't be here if it was.  If they won't respond to you then your only option is to take them to court, and that's where understanding your legal entitlement to a refund or replacement is important, whether that's your statutory rights or those provided by the guarantee.

Apart from all of that, the advice you've had may be useful to other people in similar situations with any product or service.  It is a public forum, not a private advice board.

Typically when someone asks for advice, it's helpful to read their request and attempt to answer it rather than continuously give irrelevant info.  

I have already spoken to the CABx regarding my rights and didn't need repetitive posts on getting a refund. I asked for advice on my next steps on how to approach the store. 

I have had a promise of a replacement confirmed several times by the store,  I wasn't asking about a refund or my rights regarding a refund and the information given was contrary to that by the CABx. I don't believe it would be helpful to others.

Thank you for all your help, no further assistance from you is required.  

PHK

Tescocomplaint said:

Aylesbury_Duck said:

Tescocomplaint said:

Aylesbury_Duck said:

Tescocomplaint said:

Alderbank said:

Agreed, you're not asking for a refund, you're expecting a replacement.

But in law just as any refund can take account of the age of the item, so can any replacement.

You're not entitled to a brand new carpet, that would be 'betterment'. You are entitled to a carpet of similar quality but which is now upwards of four years old and has had similar wear and tear to yours. The legal term for that is 'indemnity'.

The shop might fit a brand new one out of the goodness of their hearts but they have no legal obligation to do so.

They've already agreed to replace the carpet.

So you keep saying.  What do you want people to tell you, beyond the correct advice you've had already?  

We can't make them fulfil their agreed replacement for you.

I asked what should be my next step because they aren't responding to me. I didn't ask for advice on refunds or replacements as its already been confirmed.  

And you've had it.  Go into the store and (politely but firmly) ask them to provide what they said they'd do.  The alternative or next step is court, or at least the threat of it.

The other advice you've had about refunds and replacements is absolutely relevant because your replacement hasn't been confirmed.  You wouldn't be here if it was.  If they won't respond to you then your only option is to take them to court, and that's where understanding your legal entitlement to a refund or replacement is important, whether that's your statutory rights or those provided by the guarantee.

Apart from all of that, the advice you've had may be useful to other people in similar situations with any product or service.  It is a public forum, not a private advice board.

Typically when someone asks for advice, it's helpful to read their request and attempt to answer it rather than continuously give irrelevant info.  

I have already spoken to the CABx regarding my rights and didn't need repetitive posts on getting a refund. I asked for advice on my next steps on how to approach the store. 

I have had a promise of a replacement confirmed several times by the store,  I wasn't asking about a refund or my rights regarding a refund and the information given was contrary to that by the CABx. I don't believe it would be helpful to others.

Thank you for all your help, no further assistance from you is required.  

I think you've misunderstood what people are saying to you. 

As the firm isn't doing what they said they would  then only a court can make them do something. And a money claim/small claim court will only make a decision based on your rights. It's therefore important you know what your rights are.

Aylesbury_Duck

PHK said:

Tescocomplaint said:

Aylesbury_Duck said:

Tescocomplaint said:

Aylesbury_Duck said:

Tescocomplaint said:

Alderbank said:

Agreed, you're not asking for a refund, you're expecting a replacement.

But in law just as any refund can take account of the age of the item, so can any replacement.

You're not entitled to a brand new carpet, that would be 'betterment'. You are entitled to a carpet of similar quality but which is now upwards of four years old and has had similar wear and tear to yours. The legal term for that is 'indemnity'.

The shop might fit a brand new one out of the goodness of their hearts but they have no legal obligation to do so.

They've already agreed to replace the carpet.

So you keep saying.  What do you want people to tell you, beyond the correct advice you've had already?  

We can't make them fulfil their agreed replacement for you.

I asked what should be my next step because they aren't responding to me. I didn't ask for advice on refunds or replacements as its already been confirmed.  

And you've had it.  Go into the store and (politely but firmly) ask them to provide what they said they'd do.  The alternative or next step is court, or at least the threat of it.

The other advice you've had about refunds and replacements is absolutely relevant because your replacement hasn't been confirmed.  You wouldn't be here if it was.  If they won't respond to you then your only option is to take them to court, and that's where understanding your legal entitlement to a refund or replacement is important, whether that's your statutory rights or those provided by the guarantee.

Apart from all of that, the advice you've had may be useful to other people in similar situations with any product or service.  It is a public forum, not a private advice board.

Typically when someone asks for advice, it's helpful to read their request and attempt to answer it rather than continuously give irrelevant info.  

I have already spoken to the CABx regarding my rights and didn't need repetitive posts on getting a refund. I asked for advice on my next steps on how to approach the store. 

I have had a promise of a replacement confirmed several times by the store,  I wasn't asking about a refund or my rights regarding a refund and the information given was contrary to that by the CABx. I don't believe it would be helpful to others.

Thank you for all your help, no further assistance from you is required.  

I think you've misunderstood what people are saying to you. 

As the firm isn't doing what they said they would  then only a court can make them do something. And a money claim/small claim court will only make a decision based on your rights. It's therefore important you know what your rights are.

Exactly.  The trouble is, that's clearly not what the OP wants to hear.  It appears they're looking for a particular answer and until someone provides it, they'll just keep telling us they don't want a refund and have a replacement promised.

I wonder why the retailer has started to ignore them?

born_again

ThumbRemote said:

born_again said:

Your 10 year guarantee is with the manufacture & will all depend on their T/C on what exactly you would get.

I'm not sure why you'd say this - a warranty can be offered by the manufacturer or the retailer. 

The OP has made it clear the carpet was sold with a warranty. While your points would apply if they were claiming under their consumer rights, they've been quite clear that they are not. 

Yes it can.
But how many retailers do you see that do that?

Ergates

Tescocomplaint said:

Aylesbury_Duck said:

Tescocomplaint said:

Aylesbury_Duck said:

Tescocomplaint said:

Alderbank said:

Agreed, you're not asking for a refund, you're expecting a replacement.

But in law just as any refund can take account of the age of the item, so can any replacement.

You're not entitled to a brand new carpet, that would be 'betterment'. You are entitled to a carpet of similar quality but which is now upwards of four years old and has had similar wear and tear to yours. The legal term for that is 'indemnity'.

The shop might fit a brand new one out of the goodness of their hearts but they have no legal obligation to do so.

They've already agreed to replace the carpet.

So you keep saying.  What do you want people to tell you, beyond the correct advice you've had already?  

We can't make them fulfil their agreed replacement for you.

I asked what should be my next step because they aren't responding to me. I didn't ask for advice on refunds or replacements as its already been confirmed.  

And you've had it.  Go into the store and (politely but firmly) ask them to provide what they said they'd do.  The alternative or next step is court, or at least the threat of it.

The other advice you've had about refunds and replacements is absolutely relevant because your replacement hasn't been confirmed.  You wouldn't be here if it was.  If they won't respond to you then your only option is to take them to court, and that's where understanding your legal entitlement to a refund or replacement is important, whether that's your statutory rights or those provided by the guarantee.

Apart from all of that, the advice you've had may be useful to other people in similar situations with any product or service.  It is a public forum, not a private advice board.

Typically when someone asks for advice, it's helpful to read their request and attempt to answer it rather than continuously give irrelevant info.  

I have already spoken to the CABx regarding my rights and didn't need repetitive posts on getting a refund. I asked for advice on my next steps on how to approach the store. 

I have had a promise of a replacement confirmed several times by the store,  I wasn't asking about a refund or my rights regarding a refund and the information given was contrary to that by the CABx. I don't believe it would be helpful to others.

Thank you for all your help, no further assistance from you is required.  

Generally when people ask for advice on a public forum they should be thankful that anyone bothers to answer *at all*, and perhaps refrain from snapping at people who don't answer the question in the way that they wanted.

The people who responded to you are not getting paid - they're choosing to spend their free time offering advice to strangers.  If their advice isn't helpful to you - just ignore it.

sheramber

CAB have been known to give out  wrong information at times. 

However, if you prefer their advice then there is no point in continuing with this post. 

The information in it can be useful to others, who might read this thread  at a later date. 

Do come back and update this thread with your outcome.

Alderbank

The big difference between us and your local CAB is that you have shown them the actual wording of your warranty.

No-one can sensibly give any advice about a warranty without seeing its unique terms and conditions.
As a random example, here is the 10 year carpet guarantee from manufacturer Cormar Carpets but every carpet warranty is different:
https://www.cormarcarpets.co.uk/media/xzepqjdq/online-care-warranty-guide.pdf

12 pages of small print including such items as 'the warranty is void if you do not have receipts to prove that the carpet has been professionally cleaned every 2 years'

the_lunatic_is_in_my_head

lincroft1710 said:

Not true. Many items (e.g, batteries, tyres) will have a expected lifespan less than 6 years. 

But OP didn't buy either of those things, they have a 4 year old carpet...

Aylesbury_Duck said:

You're not entitled to betterment

Alderbank said:

But in law just as any refund can take account of the age of the item, so can any replacement.

You're not entitled to a brand new carpet, that would be 'betterment'. You are entitled to a carpet of similar quality but which is now upwards of four years old and has had similar wear and tear to yours. The legal term for that is 'indemnity'.

It really depends, the guidance notes on the CRA stipulate that where goods were new typically the replacement should be new. Given second hand and reconditioned carpets aren't that commonplace it would be, IMHO, fair to expect a new carpet if exercising your right to a replacement.

Ultimately the company can't repair and it will be cheaper for them to fit a new carpet than mess about finding a second hand one. 

Equally if (hypothetically) a guarantee offers a new carpet then it's a contractual right and regardless of the depreciated value of the "faulty" carpet if the contract awards a new carpet that's what the customer is entitled to  

OP you have two choices, badger them for the replacement or send a letter before action requesting they perform your right to a replacement for the carpet that does not conform to the contract.

There is a contact on the CEO email website which might gain a better response than you are getting from normal channels. 

If you went to court, whilst a court can require someone to carry out specific performance of a contract, for something like this it would be (AFAIK) a monetary award which the CRA says can be reduced to account for use.