Amazon: Faulty Installation lead to water damage

SarahBDE

Hi everyone. This forum has been so helpful on other matters, I thought I'd get your thoughts on this:

• April '23 I purchased a washer/dryer from Amazon with installation.
• Washer/dryer was delivered, installed and old appliance removed.
• One week later I noticed water coming up from under the floorboards outside the cupboard in which the washer/dryer was situated.
• On checking, I discovered a slow drip from the pipe connection.
• I called out a plumber who fixed the leak and informed me that a washer had been missed out during installation which caused the leak. 
• The plumber provided a written report that states this. 
• I contacted Amazon with photos and videos of the water leakage and damage to flooring as well as the written report. Amazon refused to deal with it and directed me to the installation company's insurance.
• I believe my contract was with Amazon, who contracted a third party for the installation. Alas, I pursued the insurance.
• A year of back and forth and the insurance declined the claim. 

The insurance had sent an assessor who agreed with me that, due to the open plan set up of the flat in which the flooring was laid continuously, it would not be possible to replace flooring only in the affected area. The whole flooring would have to be replaced. Quotes I received during '23 were in excess of £4k. Today, these would likely be higher.

Considering the plumber's report, I would have thought this to be a straight forward case and am considering legal action against Amazon, but wanted the opinion of the clever folks on this forum. Below is my draft letter to Amazon for your consideration and feedback. Thanks so much. 

LETTER BEFORE ACTION

Re: Claim for damage to flooring caused by negligent installation of washing machine purchased via Amazon

Dear Sir/Madam,

In April 2023, I purchased a washer-dryer from Amazon, together with “professional installation” as part of the same transaction. The washing machine was delivered, installed, and my old machine removed.

Shortly afterwards, I discovered water pooling beneath my Amtico luxury vinyl flooring. I instructed a plumber, who provided a written report confirming that the installer had failed to fit a washer at the pipe connection, causing a slow leak. This constitutes a clear failure to exercise reasonable care and skill in providing the installation service.

As a direct result, my flooring has sustained significant water damage. The damage cannot be repaired locally, as confirmed by an investigator appointed via your insurer, because the flooring is laid continuously throughout my hallway, kitchen, and living area. Replacement quotes (all obtained in 2023) were in excess of £4,000, and are now likely higher.

I note that, when I raised this issue with Amazon, I was improperly directed to pursue the matter with the installer’s insurer, despite the fact that I have no contractual relationship with the installer or their insurers. Under the Consumer Rights Act 2015, Amazon is responsible for the provision of both the goods and services I purchased, regardless of whether you subcontracted the installation. Passing me to a third-party insurer was a breach of Amazon’s contractual and statutory obligations.

What I require

I therefore require payment of £[insert*] (the reasonable cost of replacing the flooring) within 14 days of the date of this letter.

If payment is not received within this period, I will issue a claim in the County Court without further notice. I will claim the replacement cost, court fees, and interest pursuant to s.69 County Courts Act 1984 at 8% per annum, continuing at a daily rate until judgment or earlier settlement.

*I will enter an exact number here which will be the replacement cost of the floor plus the cost of the plumber and the cost of an estimate I had to pay for from a flood specialist. 

Aylesbury_Duck

Expect some pushback on the cost of getting the whole floor replaced.  There are two things to consider:

1. I suspect there is a way to replace the affected area only.  In most circumstances it's possible, assuming the product is still available to buy, which may depend upon...

2. ...how old the flooring is.  Even if the affected area couldn't be repaired in isolation and the whole floor needs replacing, how old it is is relevant.  If it's five years old, for example, you're not entitled to the full cost of getting a brand new floor throughout your home.  They might make a depreciated contribution which you top-up to buy new flooring.

Alderbank

How much did the washer/dryer cost?

What breach of what law will you be pursuing?

Under the Consumer Rights Act your claim would presumably be Chapter 4 section 54 which says that if the service does not conform to the contract you have the right to a price reduction of up to the full amount of the price paid.

In other words a successful claim against Amazon under the CRA will only give you (at most) whatever you paid.

I suspect that £[insert] will be quite a bit more than that? 

Section 54 says the CRA does not prevent you seeking other remedies in addition (but not so as to recover twice for the same loss), such as claiming damages for instance.

In your circumstances we usually recommend advising your property insurance about the water damage (your policy probably requires that anyway) and allowing them to bring any claim against the negligent plumber.

They will sort out repairing the damage for you and do a better job of recovering the costs in court.

lincroft1710

Your home insurance may well cover the damage caused by a water leak. However some insurers charge a £500 excess and do not pay for the actual leak to be repaired.

Alderbank

lincroft1710 said:

Your home insurance may well cover the damage caused by a water leak. However some insurers charge a £500 excess and do not pay for the actual leak to be repaired.

Most policies charge various excesses and other costs, they are all different.

You are entitled to claim those outstanding uninsured losses yourself (just don't try to claim them twice). A CRA claim might well cover those smaller sums.

lincroft1710

Alderbank said:

lincroft1710 said:

Your home insurance may well cover the damage caused by a water leak. However some insurers charge a £500 excess and do not pay for the actual leak to be repaired.

Most policies charge various excesses and other costs, they are all different.

Perhaps I should have said "my insurer charges a £500 excess and does not pay for the actual leak to be repaired".

screech_78

Very unlikely to get the cost of replacing the whole flooring, unless it was brand new. 

We had a similar case last year that our solicitors advised our legal team to go to court. Customer was claiming full cost of replacement floor although it was a couple of years old. They ended up getting slightly more than the settlement we’d offered, but much less than they had asked for. I can’t remember the figures off the top of my head. 

SarahBDE

Thank you so much for everyone's responses. I see the case is not as straight forward as I thought....
The flooring is 10 years old but in very good nick and would not need to be replaced if it was not for the water damage. Due to the age, even if the same product was still in production, there would likely be a slight difference in colour so replacing only the one part would not work. I do not have home insurance. 

SarahBDE

Alderbank said:

How much did the washer/dryer cost?

What breach of what law will you be pursuing?

Under the Consumer Rights Act your claim would presumably be Chapter 4 section 54 which says that if the service does not conform to the contract you have the right to a price reduction of up to the full amount of the price paid.

In other words a successful claim against Amazon under the CRA will only give you (at most) whatever you paid.

I suspect that £[insert] will be quite a bit more than that? 

Section 54 says the CRA does not prevent you seeking other remedies in addition (but not so as to recover twice for the same loss), such as claiming damages for instance.

In your circumstances we usually recommend advising your property insurance about the water damage (your policy probably requires that anyway) and allowing them to bring any claim against the negligent plumber.

They will sort out repairing the damage for you and do a better job of recovering the costs in court.

Thank you for this response. I was planning on using the Customer Rights Act, though did not realise this would only entitle me to a return of the cost of the installation. The number I would be inserting is of the cost of the replacement flooring. Do you have suggestions of alternative laws that are relevant here? Reimbursing me £50 for an installation that has caused in excess of £4,000 of damages seems not adequate...

TELLIT01

The action being taken 2 1/2 years after the event isn't going to help.  Professional companies would probably be able to colour match the replaced section, although the OP doesn't state what the flooring material is.

born_again

Was this a actual Amazon purchase or via Marketplace?