Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • Incredulous
    • By Incredulous 16th Apr 19, 3:45 PM
    • 9Posts
    • 1Thanks
    Incredulous
    Who is responsible, retailer or fitter?
    • #1
    • 16th Apr 19, 3:45 PM
    Who is responsible, retailer or fitter? 16th Apr 19 at 3:45 PM
    The plumber who undertook our cloakroom refurb. asked us to pay the retailer direct for the basin, toilet and glass fronted cabinet. This we did and it is the retailer’s name that appears on the statement, not the fitter’s. The cabinet has developed a fault, and the retailer tried to wriggle out of responsibility by first saying it is the manufacturer’s responsibility, and when we refuted that, he said it was the fitter’s legal responsibility as the retailer claims their contract is with the fitter!

    To quote the retailer.

    “I wish to highlight once again that our sales contract is with [the fitter]. You in turn are his customer and therefore our contract is not with yourselves. He often instructs his customers to make a payment against his account to us, but our sales invoice is with [the fitter]. Legally he is our customer in this transaction and this is our final stance on that matter.”

    Our understanding is that our contract is with the retailer as that is who we paid directly, as per our credit card statement.

    Our credit card provider has said their contract is with the retailer, so we could make a section 75 claim, but meanwhile, we are still fighting it out with the retailer and, section 75 apart, we wondered who our contract is with and therefore who is legally responsible: the retailer or the fitter?
Page 1
    • waamo
    • By waamo 16th Apr 19, 3:53 PM
    • 6,314 Posts
    • 8,265 Thanks
    waamo
    • #2
    • 16th Apr 19, 3:53 PM
    • #2
    • 16th Apr 19, 3:53 PM
    It sounds like they are claiming you used the fitters account to purchase the goods. You say in the opening you paid them directly.

    Assuming you did pay them directly and not use the fitters account I don't see what it has to do with the fitter at all.
    This space for hire.
    • a.turner
    • By a.turner 16th Apr 19, 3:58 PM
    • 26 Posts
    • 12 Thanks
    a.turner
    • #3
    • 16th Apr 19, 3:58 PM
    • #3
    • 16th Apr 19, 3:58 PM
    What has the fitter said?
    • BoGoF
    • By BoGoF 16th Apr 19, 4:02 PM
    • 4,230 Posts
    • 3,764 Thanks
    BoGoF
    • #4
    • 16th Apr 19, 4:02 PM
    • #4
    • 16th Apr 19, 4:02 PM
    Who was the invoice made out to?
    • bris
    • By bris 16th Apr 19, 4:30 PM
    • 8,613 Posts
    • 7,524 Thanks
    bris
    • #5
    • 16th Apr 19, 4:30 PM
    • #5
    • 16th Apr 19, 4:30 PM
    Just complete the S75 claim. If they agree the retailer is their customer then its the easiest route.
    • Incredulous
    • By Incredulous 16th Apr 19, 6:02 PM
    • 9 Posts
    • 1 Thanks
    Incredulous
    • #6
    • 16th Apr 19, 6:02 PM
    • #6
    • 16th Apr 19, 6:02 PM
    Not contacted the fitter. Don’t want to muddy the water. Plus we need to be sure he is legally responsible, if, indeed, he is, before tackling him, or he will just play us off against the retailer!

    As for the invoice, it was made out by the fitter, who addressed it to us, but he told us to telephone the retailer and pay them direct, which is what we did and hence it is the retailer’s name on the credit card statement. So it is a tricky one.

    Re Section 75, yes, that is probably the best way to go, but would like to know where we stand.

    Interestingly the retailer was happy to deal with our problem and liaised with the manufacturers, until we pointed out that our contract was with him, the retailer, not the manufacturer (who was being difficult about the terms of the guarantee!) Only then did he say that it was the fitter’s responsibility!
    • a.turner
    • By a.turner 16th Apr 19, 6:20 PM
    • 26 Posts
    • 12 Thanks
    a.turner
    • #7
    • 16th Apr 19, 6:20 PM
    • #7
    • 16th Apr 19, 6:20 PM
    Not contacted the fitter. Don’t want to muddy the water. Plus we need to be sure he is legally responsible, if, indeed, he is, before tackling him, or he will just play us off against the retailer!

    As for the invoice, it was made out by the fitter, who addressed it to us, but he told us to telephone the retailer and pay them direct, which is what we did and hence it is the retailer’s name on the credit card statement. So it is a tricky one.

    Re Section 75, yes, that is probably the best way to go, but would like to know where we stand.

    Interestingly the retailer was happy to deal with our problem and liaised with the manufacturers, until we pointed out that our contract was with him, the retailer, not the manufacturer (who was being difficult about the terms of the guarantee!) Only then did he say that it was the fitter’s responsibility!
    Originally posted by Incredulous
    If the item is faulty and the fitter is the "customer" then maybe the shop will exchange it for him.
    • BoGoF
    • By BoGoF 16th Apr 19, 7:08 PM
    • 4,230 Posts
    • 3,764 Thanks
    BoGoF
    • #8
    • 16th Apr 19, 7:08 PM
    • #8
    • 16th Apr 19, 7:08 PM
    Is the retailer a trade only place where joe public cannot buy direct?
    • Incredulous
    • By Incredulous 16th Apr 19, 7:53 PM
    • 9 Posts
    • 1 Thanks
    Incredulous
    • #9
    • 16th Apr 19, 7:53 PM
    • #9
    • 16th Apr 19, 7:53 PM
    I can’t see the retailer being anymore responsive to the fitter, sadly. He is clearly trying to avoid everything and I suspect he knows the fitter won’t try it on with him, as the fitter clearly has a relationship with the retailer and wants to maintain it. His wife works there!

    The retailer has a showroom for the public and and sells to the public.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

137Posts Today

987Users online

Martin's Twitter
  • Have a great Easter, or a chag sameach to those like me attending Passover seder tomorrow. I?m taking all of next? https://t.co/qrAFTIpqWl

  • RT @rowlyc1980: A whopping 18 days off work for only 9 days leave! I?ll have a bit of that please......thanks @MartinSLewis for your crafty?

  • RT @dinokyp: That feeling when you realise that you have 18 days of work and only used 9 days of your annual leave! Thanks @MartinSLewis h?

  • Follow Martin