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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Purchased a total kitchen (units,worktops and appliances) from

Customer Question

Purchased a total kitchen (units,worktops and appliances) from KBBC Kitchens at a cost of approximately £18,000 about a year ago. I had this kitchen fitted by an expert kitchen fitter and my wife was extremely happy with the result apart from one of the ovens was impossible to operate due to the touch screen being illegible. We contacted KBBC who told us that it would be quicker if we contacted the appliance company (Baumatic) ourselves. After many phone calls and emails Baumatic acknowledged that there was a problem with this display and they were re-engineering this part and would come and fit a new one as soon as they arrived in the country. After continuously chasing Baumatic we were then told by their Customer Service manager that they were going into receivership and could not do anything for us. During this time we have had problems with other appliances i.e. lights failing on the hob extractor, faulty salt reservoir in the dishwasher corroding cutlery and part of the dishwasher, intermittent fault with heat setting in microwave. My wife contacted KBBC Kitchens to explain the problem and they were abusive and abrupt with her and told them it was not their problem!! We sought the advice from the Govt helpline and were told to write to the kitchen company recorded delivery. This we did but after no reply from them after a month we contacted the helpline again and were told to write a second letter recorded delivery again asking for an urgent reply. Two months have elapsed but still no reply from them. We contacted the Govt helpline again with the original ref no 11625959 but all they did was provide us with the local Citizens Advice telephone number. Seems like everyone is passing the buck! Can you please advise us.

Yours sincerely, XXXXX XXXXX
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. So KBBC are still trading?

JACUSTOMER-0nz56vpc- :

Hi,

JACUSTOMER-0nz56vpc- :

Yes as far as I know

Ben Jones :

When a consumer makes a purchase from a business seller, they will have certain 'statutory' rights under the Sale of Goods Act 1979 and the Sale and Supply of Goods to Consumers Regulations 2002.

The law states that the goods must be of satisfactory quality, as described and fit for purpose. If they are not, you will have certain legal remedies against the seller. The only time action can be taken against the manufacturer is under a manufacturer's warranty or guarantee. There is no protection against fair wear and tear, misuse or accidental damage, faults that were pointed out at the time of sale or if you change your mind and no longer want the goods.

If the goods are not as described, of satisfactory quality or fit for purpose, you have the following rights:

1. Reject the goods and request a refund - this is only possible if the rejection occurs within a 'reasonable time'. This period depends on the circumstances, although it is generally accepted to be within the first month after purchase, so must not be delayed.

2. Ask for a repair or replacement – if you are too late to reject the goods, you can ask the seller for a repair or replacement without causing any significant inconvenience.

A useful rule is that if the goods are returned within the first 6 months after purchase, the law assumes that they were faulty at the time of sale. If the retailer disagrees, it is for them to prove that this was not the case. However, if the goods are returned more than 6 months after purchase, it would be down to the consumer to prove that the goods were faulty at the time of sale.

As you appear to be too late to reject the goods, you can still try and resolve this by contacting the seller and asking them for a repair or replacement. You can quote the applicable laws and rules as mentioned above. If they appear reluctant to assist, write to them one more time, warn them that they have 7 days to comply and inform them that if they fail to meet their legal obligations, you will have no choice but to report them to Trading Standards and start legal proceedings to seek compensation for your losses.

JACUSTOMER-0nz56vpc- :

They were told of the fault with the poor display within a month of fitting the kitchen.

JACUSTOMER-0nz56vpc- :

As previously mentioned, I HAVE written twice already but have had no response. Have can I give these faulty appliances back to them? They are in North London and I'm in South Bucks plus these appliances are fitted! I can't take down the extractor and the oven and dishwasher without ruining the kitchen!!

JACUSTOMER-0nz56vpc- :

I went on the Govt website to contact the Trading Standards office and phoned the number supplied i.e. 08454 040506. These were (unknown to me) the Citizens Advice Bureau. I have followed their instructions but Trading Standards should know. What was the point of me having a reference number. I spent some time with CAB giving them the details.

Ben Jones :

Whilst you may have reported the fault that soon, you must have actually rejected the units there and then, rather than tried to resolve it all this time. You are now definitely too late to reject them and can only ask for a repair or replacement. I understand it may be difficult to reason with them and there is little you can do to force them to accept the units back, which would leave you with one option only and that is to take legal action for compensation for the faulty units

JACUSTOMER-0nz56vpc- :

It seems that by trying to be reasonable I am now being ignored by everyone hoping that i will go away.

Ben Jones :

I cannot comment on the issues you have had with Trading Standards, unless there are serious and repeated issues with a retailer (i.e. not isolated incidents), TS will not usually get involved. So the reference number would have just been to acknowledge you had contacted them, it does not mean they are taking action on your behalf

JACUSTOMER-0nz56vpc- :

So nobody helps. All the crap about how companies these days are not allowed to treat people like this and have obligations is utter rubbish. What a waste of time. People wonder why the human race is now generally greedy, selfish and lacking in care or morality.

Ben Jones :

I am sorry about this but all I can tell you is what your rights are, I do not make the laws, neither do I have any control over how companies decide to treat you

JACUSTOMER-0nz56vpc- :

By me trying to go direct with the manufacturer to solve the problem has cost me dear. Never agai will I try and be reasonable.

Ben Jones :

the manufacturer has no liability here - your rights are against the retailer, then the retailer has to pursue the manufacturer themselves

JACUSTOMER-0nz56vpc- :

That was obviously the kitchen Company asked me to deal direct. Time has been delayed and now I don't stand a chance; what devious practice that is. Anyway, I have already been told exactly the same advice by CAB for free but I was hoping that you would offer more that you have.

JACUSTOMER-0nz56vpc- :

Disappointed or what.

Ben Jones : I cannot offer you something that does not exist I'm afraid, not sure how you expect me to do that exactly ? I can advise you of your rights as they stand but do not see how I can be held responsible if these do not meet your expectations. As someone rightly said in the past 'please don't shoot the messenger'
JACUSTOMER-0nz56vpc- :

I've been told my rights by CAB; I didn't need to spend any money to be told exactly the same thing!

Ben Jones : Ok I can't help any further then I'm afraid
Expert:  Ash replied 2 years ago.
Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

What else would you like to know about this bearing in mind it may not be the answer you want?

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