Compensation due?

I ordered a floor from a high street flooring company.

They fitted it, it buckled, they ripped it out and fitted it again (I gave them an opportunity to put it right). It buckled again.

I then asked for the floor to be removed and a refund.

Refund received.

I have written asking for compensation for the inconvenience and lost time but they have not replied.

My next step would be a letter before action, but I need to be sure that I am correct in asking for compensation.

In my initial letter I asked for a figure of £300 to cover:

- the day of holiday my husband had to take for the floor to be fitted a second time (as we need all his days to cover childcare etc...).
- the 3 hours of our time it took after the second fitting to remove sharp nails and staples that were left sticking out. (Had to be done that evening as we have kids and dogs and floor was unsafe).

In reality:

- they delayed my kitchen renovation by several weeks (costing a lot in take away food as we have very limited cooking facilities and had a planned visitor staying)
- I spent two days myself stuck inside (initial fitting day and final removal day) but as it was it was my days off, I have not asked fir this to be compensated.
- my refund (despite paying by bank transfer) was part cash and part PayPal, which meant dragging 4 kids to my nearest bank (which took an hour!!) and having to link my bank to PayPal (was not happy about this!) as I needed the money in my bank to pay again for someone else to do the floor.

I think my demand of £300 is very reasonable given the huge inconvenience, so if I end up taking it further, would it be reasonable to claim for any of the further inconveniences as mentioned above?
Should've = Should HAVE (not 'of')
Would've = Would HAVE (not 'of')

No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
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Comments

  • bris
    bris Posts: 10,548
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    Inconvenience isn't a loss, consequential losses are actual monies you have spent to put things right. You husbands holiday is about the only thing you are entitled too.


    Eating takeaway food and the refund scenario is not going to get you anywhere. You should have insisted getting the refund in the same method you paid, why did you accept Paypal?


    If it's a big company you are likely to get a goodwill gesture, a small one and you might have to fight for your loss of holiday. You will also need evidence of this when and if it goes to court.
  • glentoran99
    glentoran99 Posts: 5,821
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    pinkshoes wrote: »
    I ordered a floor from a high street flooring company.

    They fitted it, it buckled, they ripped it out and fitted it again (I gave them an opportunity to put it right). It buckled again.

    I then asked for the floor to be removed and a refund.

    Refund received.

    I have written asking for compensation for the inconvenience and lost time but they have not replied.

    My next step would be a letter before action, but I need to be sure that I am correct in asking for compensation.

    In my initial letter I asked for a figure of £300 to cover:

    - the day of holiday my husband had to take for the floor to be fitted a second time (as we need all his days to cover childcare etc...).
    - the 3 hours of our time it took after the second fitting to remove sharp nails and staples that were left sticking out. (Had to be done that evening as we have kids and dogs and floor was unsafe).

    In reality:

    - they delayed my kitchen renovation by several weeks (costing a lot in take away food as we have very limited cooking facilities and had a planned visitor staying)
    - I spent two days myself stuck inside (initial fitting day and final removal day) but as it was it was my days off, I have not asked fir this to be compensated.
    - my refund (despite paying by bank transfer) was part cash and part PayPal, which meant dragging 4 kids to my nearest bank (which took an hour!!) and having to link my bank to PayPal (was not happy about this!) as I needed the money in my bank to pay again for someone else to do the floor.

    I think my demand of £300 is very reasonable given the huge inconvenience, so if I end up taking it further, would it be reasonable to claim for any of the further inconveniences as mentioned above?




    you lost me at that point, why did you have to go to the bank?
  • forgotmyname
    forgotmyname Posts: 32,517
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    Your claiming a days wages to cover him taking a day off. And also claiming for 3 hours of time. Wont that be the same day your claiming for in the first instance? You cannot claim multiple times for the same day.

    You had cooking facilities so your personal choice for takeaway food.

    One hour of your time to bank the refund? But you accepted the refund by this method. Why if it would have caused an issue?

    Having to link your paypal to your account, you should have a bank account linked to paypal.

    So the claim is one day off work then? Fairly easy for them to defend that.
    Censorship Reigns Supreme in Troll City...

  • pinkshoes
    pinkshoes Posts: 20,037
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    bris wrote: »
    You should have insisted getting the refund in the same method you paid, why did you accept Paypal?
    you lost me at that point, why did you have to go to the bank?

    I paid for the floor by debit card to the shop, then I had to pay THEIR fitter directly by either cash or bank transfer. I paid bank transfer.

    After the fitter had removed the floor, he refused to transfer the money back to my account and said he had £200 cash then the rest would have to be PayPal as he didnt have any money in his account. I made it clear I was not happy but had no choice but to accept this.

    The £200 cash needed to then be paid into my account asap to pay for someone else to fit a floor. This involved a 1 hour round trip in the car to my nearest bank with 4 kids. Not fun.

    I will stick to the £300 for now, and hopefully they will pay up.

    I have yet to leave a review, and the photos of sharp nails sticking up and undulating flooring will no doubt cost them far more than £300 in lost sales.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • pinkshoes
    pinkshoes Posts: 20,037
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    Your claiming a days wages to cover him taking a day off. And also claiming for 3 hours of time. Wont that be the same day your claiming for in the first instance? You cannot claim multiple times for the same day.

    1 day fitting floor (my day off)

    1 day removing floor and refitting floor (a week later - day of holiday lost)

    0.5 day removing floor again (another week later, again my day off) then the same evening 3 hours spent making the floor safe.

    The floorboards looked ok after it was removed again, but I walked across it and cut my foot on a nail. It was only then we realised there were loads of sharp nails and staples sticking up. If it wasn't for kids and dogs I would have demanded they come back the next day and do it, but it needed doing that evening hence we had no choice but to make it safe ourselves.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • peachyprice
    peachyprice Posts: 22,346
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    pinkshoes wrote: »
    The £200 cash needed to then be paid into my account asap to pay for someone else to fit a floor. This involved a 1 hour round trip in the car to my nearest bank with 4 kids. Not fun.

    For future reference, you can pay cash in at any post office using your debit/ATM card, even the small ones in shops.
    Accept your past without regret, handle your present with confidence and face your future without fear
  • pinkshoes
    pinkshoes Posts: 20,037
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    For future reference, you can pay cash in at any post office using your debit/ATM card, even the small ones in shops.

    I didn't know that! Thanks!
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • Waterlily24
    Waterlily24 Posts: 1,328
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    For future reference, you can pay cash in at any post office using your debit/ATM card, even the small ones in shops.

    How long does it take to get into your bank account these days please. I'm a bit out of touch.
  • i think i will try to claim compensation for wasting my time reading your post, you got your money back, you chose to eat take aways, you chose to have 4 kids to drag to the bank.
  • pinkshoes
    pinkshoes Posts: 20,037
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    i think i will try to claim compensation for wasting my time reading your post, you got your money back, you chose to eat take aways, you chose to have 4 kids to drag to the bank.

    And there is me thinking this site is about money saving, and we are trying to claw back lost income for a wasted day...

    As much as I would have loved to have left the kids at home and gone on my own, I'm pretty sure leaving 4 kids under 8 on their own is not permitted...

    (Ps - be nice to money savers :D)
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
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