Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
May I ask was the carpet supplied and fitted by SCS or did you retain your own fitter?
The carpet supplied by scs & fitted by there own sub contracters
Have they offered to do anything at all or have they effectively refused to engage with you in terms of repairs or replacements? When did you first otify them of the fault?
I sent e-mails to there head office & to the Trafford branch where I brought the carpet from as I had problems over the original carpet & the letter I received today is from there area manager.
I started the complaint via e-mails 1st wek of January 2015
Thanks. May I begin by outlining the law and then move on to practical approaches?
As you will be aware. the position here is that you have two differing sets of rights. The first set of rights you have under any warranty from SCS which are somewhat limited insofar as that they are limited to the terms of the warranty which are probably not overly generous if in deed a warranty exists at all or has not expired. I will leave this here though because of what follows.
You have a another set of rights by virtue of your contract with SCS. This set of rights are much more extensive as terms are implied into your contract by virtue of the Supply of Goods and Services Act that the work carried out must be satisfactory and fit for purpose and as agreed and any materials supplied in the course of their work must be of satisfactory quality. During the first six months, any faults are automatically assumed to be inherent as opposed to having been caused by damage or otherwise under the provisions of the Sale and Supply of Goods to Consumers Regulations 2002. After the first six months, the burden of proof switches to you to show that any faults are inherent as opposed to having been caused by damage.
Because it is more than 6 months since the carpet was installed at the time you reported the issue, the burden of proof is upon you to show that the carpet has not been damaged though this is not usually particuarly difficult. Under these rights you can insist upon a repair or replacement of any faulty workmanship or materials SCS has supplied initially at the contractor's discretion. This right lasts for up to six years under the Limitation Act against the contractor though will be limited to what is reasonable given the life expectancy of the carpet. You are required to give the supplier reasonable opportunity to repair or replace the carpet. There is no specific prescribed number of times that you must must allow them the opportunity to do so however if they have failed to repair the same more than two-three times or refuse to repair the same this would usually be held to be satisfactory opportunity to do so and you would then be within your rights to instruct an alternative contractor to quote to remedy the matter and look to the original supplier for the cost or insist on a replacement carpet if they have repeatedly failed to repair the same.
In practice with carpets repair is often not possible and replacement is often the only solution to such issues though it is initially at the discretion of SCS as above though any repair must meet your resonable expectations.
Would I have to put this in writing to there head office complaints department?
you will note from the above, that the law requires you to give the supplier a reasonable opportunity to repair or replace but you do not have to be overly generous in terms of how long you are prepared to wait for such repair or replacement.
You may offer them the opportunity to inspect and repair or replace the damaged sections within say the next 28 days.
if they attend and carry out a repair or replacement to your satisfaction and of course this is an end to the matter. If they do not attend within a reasonable timeframe or carry out work which you remain unsatisfied with, typically you would need to give them one more opportunity to rectify following which if they fail to rectify on the second occasion, you would be within your rights to consider contacting alternative contractors to carry out a repair or replacement and look to the original supplier for the cost
it is wise to keep further contact with the company in writing or at least confirm anything that is agreed in writing in the event that you decide to go to court to claim damages. If you feel you have no alternative but to do so, you can easily issue a claim against the company in the Small Claims Court online using the following link:
Does the above answer all your questions or is there anything I can clarify or help you with any further?
Thankyou Joshua I will start the proceeding straight away.
Do you know the cost of a small claims court please ?
Certainly. How much ball park would you estimate it would cost to repair or replace (ball park guess is fine)?
paid £518.00 total but this included the bedroom & £71.00 fitting
Thanks. Just a moment...
The issue fee between £3-500 online is £35 (£50 if not issued online). If between £500-1000 it is £60 (£70 if not issued online).
If it goes to a hearing and is not settled before there is a hearing fee of £55 if between £300-500 and £80 if £500-1000. All fees are recoverable if successful.
Cheers ***** ***** been most helpful any chance of telling the lottery numbers for saturdays draw
Now that would be a useful skill!
A pleasure. If I can assist any further as the situation develops please do not hesitate to revert to me
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