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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 783
Experience:  Solicitor with over 15 years experience.
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I have paid for a fitted wardrobe but am unhappy with the mistakes

Resolved Question:

I have paid for a fitted wardrobe but am unhappy with the mistakes made during installation. The company are offering to correct the errors (again) but this means I have to keep taking time off and I am self employed which means I lose over £700 a day to have to be there. They will not offer a partial refund of the money I paid up front. Is it worth me engaging a solicitor?
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
LondonlawyerJ :

Hello, I am a solicitor wiht over 15 years experience. I will try to help you with this.

LondonlawyerJ :

How much did the wardrobe cost and what, in general terms are the problems with it?

Customer:

OK thank you

Customer:

The wardrobe cost £3400 and it is badly fitted so that the door on the right doesn't close properly, the soft close mechanism doesn't work on the right hand side, the design is flawed so it's very easy to trp fingers between the doors and compartment when sliding the doors open

Customer:

The problem that they already corrected was that the job wasn't completed on time and the facing panel was badly cut

LondonlawyerJ :

Ok so the outstanding problems are one door not closing properly, soft close defective on one side, easy ot trap fingers due to poor design, These certainly sound line defects you should not have ot put up with.

LondonlawyerJ :

How much more work will it take to fix these defect according to them and why have they not been done yet?

Customer:

They want to come round and assess how much work needs to be done to correct it but as this means I have to take yet more unpaid time off work, I can't be at home until this Friday so I don't have an estimate of how long it would take but my fear is that it would be at least another day as the frame is not square and the door will never fit. this would also mean me having to take all the furniture out of the room, roll the carpet back (pay someone to relay it again) and then clean up after them. I am expecting them to come round on Friday morning to do the assessment

LondonlawyerJ :

OK (assuming the wardrobe was fitted recently) you should let them come round to assess and try to make it right. The assessment presumably won't take long and could hopefully be fitted around your work times. Any ancillary work and costs caused by their failure to fit the wardrobe properly first time (assuming they can not claim it was your fault in some way) are their responsibility. It is important, as there is potentially a money dispute developing here, that you act reasonably and keep a nice clear record of what you are agreeing to. emails to the fitters about what has been agreed and what is wrong with the wardrobe would be a good idea.

LondonlawyerJ :

Do you trust these people to lift and refit the carpet?

LondonlawyerJ :

Essentially I think you need to give them a chance to remedy the defect and only if they fail to do so can you sack them and demand compensation for the cost of remedying their poor work. At every point you need to think will this look reasonable in a courtroom looking back in time at this.

Customer:

No, the carpet is something they will not do, I have had to roll it back and pay for someone to relay it myself. It's very difficult to work around work times as it's a two hour commute between my home and where I work so I can't get home quickly. I have all my comments to them in emails and letters and clearly state my expectation in each of those. I will allow them to come round once more for the assessment but their standard answer is that they will not consider any kind of partial refund to compensate me for lost earnings as they are happy to spend as much of their time as they want coming back and forth to review the issue and make partial repair

LondonlawyerJ :

Why do you have to be there?

Customer:

There is no one else to let them in to the house

LondonlawyerJ :

But can't you lend them a key or ask a neighbour to let them on for you?

Customer:

I'm not willing to let them in on their own without me being there to check what they are doing and it's a brand new house so I don't have any neighbours that I know well enough to trust

LondonlawyerJ :

I am not at all sure you would be able to claim back your lost earnings for taking time off to let them in and keep an eye on them. You have a duty to minimise your losses in a dispute like this. Any consequential losses eg the cost of removing and relaying carpets etc. you would be able to claim back.

LondonlawyerJ :

Any claim here would almost certainly be in the small claims track in which legal costs are rarely ordered to be paid by the losing party so instructing a lawyer would probably be pointless.

Customer:

Ok, that's good to know, thank you.

LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 783
Experience: Solicitor with over 15 years experience.
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