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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69375
Experience:  Over 5 years in practice
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I have used a product on my kitchen worktops that has totally

Resolved Question:

I have used a product on my kitchen worktops that has totally destroyed their look! I had used the product for two months prior with no problems! The (large) company involved have stated that because a patch test was not done on the day of damage they are not liable and have offered me a whole £35 as a goodwill gesture! I have to replace my worktops at a cost of approx £1400 inc removing old carefully and refitting with new! I wish to take this further, do I have a case?? Many thanks
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What would you like to know about this
Customer: replied 2 years ago.

I would like to know if I can take this further as they are trying to get out of this anyway they can, I have photos too. They sent an independent company to assess the damage, and all they reported was that they couldn't be repaired! They state that a patch test should of been done daily but I had used the product for 2 months prior!

Expert:  Jo C. replied 2 years ago.
Does the product recommend a patch test before use?

Is it clearly written in the instructions?
Customer: replied 2 years ago.

Yes and Yes!

Expert:  Jo C. replied 2 years ago.
Ok. Thanks.

Was there any reason you didn't follow that?

Or did you? What was the outcome?
Customer: replied 2 years ago.

As stated I had been using the same product on the same worktops in the same way daily for 2 months prior. Why would I patch test before using again. The worktops were fine up until this one particular day when I squirted the product and it instantly left squirt marks!

Expert:  Jo C. replied 2 years ago.
Thank you.

I think that the point that the company are making is that you don' t seem to have done a patch test at all is and there must have been a first time at some point.

However, the fact that you had been using this product on many previous occasions would probably mean that a court would accept that there was no need for a patch test on this occasion unless the product had radically altered its ingredients.

In any event, this is Small Claims Court sum and so it would be cheap and quick to issue against them and probably they would settle because it is not worth the manpower cost of contesting these things.

However, if they were to contest this then you should be aware that you would not be entitled to the cost of repairing this worktop with a new worktop unless your roles was a very new product. Generally in law you're only compensated for your loss and with damage to goods you cannot claim for the cost of repairing old with new as that is enrichment.

That's not to say that you wouldn't get something of course as the cost was only caused because their product damaged your worktop.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

Is the small claims process easy and fast? I wish to get the work done but do not want to wait, I know there is a risk they will not pay out but can not live with my kitchen as it is!!

Expert:  Jo C. replied 2 years ago.
it's not particularly fast but it's relatively easy.

You can have the work done now and Sue for the cost but bear in mind that you would only be entitled to a percentage of the cost of replacing the worktop with a new material
Jo C., Barrister
Category: Law
Satisfied Customers: 69375
Experience: Over 5 years in practice
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