71 Year Old OAP Trying To Get My Money Back From Wren Kitchens

zeusmc

Just looked through the documentation, there are 3 pages of terms and conditions.Is 20:39. now Will scan and upload on Thursday.

zeusmc

" If Wren were ready to supply the kitchen, they may argue they fulfilled their side. " They have to have the units made at the factory, would that be the same as ready to supply the kitchen?

Aylesbury_Duck

https://forums.moneysavingexpert.com/discussion/comment/81964663#Comment_81964663

I would say so, yes. They're ready to supply the kitchen as soon as you tell them the sizes, which sounds like the original agreement. They can't supply them before then because they are to be constructed to fit your kitchen.

If you see it from their side, you're wanting to have your cake and eat it: You want the benefit of custom-made units to fit your space, but want to use the fact they haven't been assembled as evidence they're not ready to supply.

I think you have two options. Crack on and find the fitter and get your kitchen replaced, or appeal to Wren to let you cancel the contract, but you'll have to start the whole process again if you still want a new kitchen.

Grumpy_chap

If Wren will supply the kitchen now at the prices from a couple of years back when the order was placed, then the OP has probably got a good deal.

I'd agree with A_D that Wren are ready to supply the kitchen. The only get out for the OP might be if that type of unit ordered has now been discontinued. Even then, I suspect Wren would be able to claim the default / delay is all the OP's responsibility and Wren might have good grounds to say the OP must accept a change of style or only a credit against an alternative.

If the OP still wants a new kitchen, then get this kitchen delivered and get a local Fitter to install.

Consumer Rights are not to the sole exclusion of the Retailer's Rights.

gwynlas

Wren carcasses come in a range of sizes in the same way as other manufacturers they are not custom made to order.

A self employed fitter would be cheap at £300 per day. A Wren recommendation means little as the contract would be between you and the fitter

You need to source a fitter by recommendation or Checkatrade enquiring regarding references from previous customers

zeusmc

https://forums.moneysavingexpert.com/discussion/comment/81963180#Comment_81963180

In view of the details I gave in my original post. "

Write to Wren Kitchens cancelling for unreasonable delay under Consumer Rights Act 2015 and demand a refund. If you paid by credit card, use Section 75 Consumer Credit Act 1974.

So shall I email Wren, saying. I wish to cancel my order due to unreasonable delay under the Consumer Rights Act 2015 and request a full refund of £4,631.41.

I paid by using my Mastercard debit card, they do have chargeback protection.

zeusmc

Am uploading the Wren terms and conditions. As regards looking for a fitter, I've been trying to get a nice new kitchen for 16 months, all this worry and back and forth, run around is, really affecting my mental health. I would prefer to get a refund and leave it. There as so many cowboys around, only to willing to take advantage of people.This is why I tried to find reputable tradesmen, through TrustMark, Trading Standards Approved and Which? Trusted Traders. Trying to find tradesmen through My Builder, ( read about so many nightmares through them ) or CheckaTrade. Am very reluctant to try these.

Grumpy_chap

https://forums.moneysavingexpert.com/discussion/comment/81965225#Comment_81965225

You seem to have selected the response that favours your stance but overlooked the comments that suggest the "unreasonable delay" is wholly of your doing.

Why would Wren Kitchens, when they receive your communication, not simply respond that they are ready to dispatch (subject to the agreed two-weeks), refute your claim of "unreasonable delay" and simply notify you of a delivery date?

Your rights under S75 are no greater than your rights with the Retailer in the event of breach of contract by the Retailer. It is not obvious that the Retailer has breached the contract.

I have noted the 3 pages to Ts&Cs and the first thing is to verify that a contract has been created:

Has one of those two events occurred? Most likely, Wren provided you with a written acceptance of order.

Grumpy_chap

Assuming a contract has been formed, look at the cancellation clauses:

Was a delivery date agreed at the time of placing the Order?

If no date was agreed, then it might well be argued that you can never reach "28 days before the delivery date" and that would potentially mean that you remain within the Cooling Off Period.

born_again

https://forums.moneysavingexpert.com/discussion/comment/81965225#Comment_81965225

So no S75 then. & to be honest I can not see any chargeback option here, as it is your delay & Wren have done nothing wrong.

Never mind there is no chargeback for a customer changing their mind.

So you would be looking at court route. Which leaves Wren to contest on the basis they have been waiting for you since Jan 25.