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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70213
Experience:  Over 5 years in practice
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I had new carpet last year and within weeks had shading

Resolved Question:

I had new carpet laid last year and within weeks had shading that looked as though oil or water had been split on it. The carpet shop suggested it was light from a window and suggested I move my furniture around.
Several phone calls and a lengthy letter and several promises we went to another carpet supplier who straight away said it was pile reversal a known "phenomenon" with cut or velour pile carpets. He said we should have been informed by our supplier before making a decision to purchase.
My question is would we have a case under the sale of goods act in the small claims court and since our supplier has been aggressive and threatening could we claim for cash because I don't want him in my house again.

Thank you for your help

Kind regards

Suzy
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

How much did you pay for the carpet and when did you purchase it please?
Customer: replied 3 years ago.

£3600 including underlay which again was not what was quoted for

Expert:  Jo C. replied 3 years ago.
Thanks.

When did you purchase it please?
Customer: replied 3 years ago.

Hi Jo we purchased in May last year

Expert:  Jo C. replied 3 years ago.
Thanks.

The simple answer is that you do have a claim at least in principle but you are not likely to get a cash payment.

Clearly this contains a fault. They seem to accept that as they are making offers.

The question really is whether you are entitled to reject their offers of repairs or exchanges. Since you've had this carpet a while and its high value they will probably be arguing that a full refund is disproportionately expensive for them which might be accepted.

You are still entitled to refuse to let them repair or replace but you have to show that you have reasonably lost faith in their capacity to do so. If its just that they are being unhelpful that would not normally be sufficient.

That said though, if you sued at the small claims court then they may well throw their hand in and make an offer. Do bear in mind that the court would reduce any award to reflect the use you've had from it. You would not now get the recommended retail price. That said, they would probably not want to contest this in court.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

Jo, They haven't made any offers. they suggested for me to move furniture around to hide the marks. The Marks are clearly visible in several rooms but they refute there is a fault and haven't mentioned Pile reversal.


This was identified by another carpet supplier


 


kind regards


 


Suzy

Expert:  Jo C. replied 3 years ago.
The problem is that its not really an SGA point to say that they should have told you that this might happen.

Its more of a point under the SGA that it has happened at all and that is not what you would expect of a carpet of this age and value.

If they won't make any offers then you may as well sue for a cash payment. its a small claims court sum so relatively risk free.
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