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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience:  Solicitors 2 years plus PQE
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We purchased a carpet 4 years ago From Kings Carpets West Bridgford

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We purchased a carpet 4 years ago From Kings Carpets West Bridgford Nottingham, during this time the carpet has been repaired twice. We have also complained regarding "loom lines" that have appeared over time in our carpet. We were not informed when purchasing our carpet that it was hand made by possibly 40 people. Weaving at different tensions - this causes the loom lines and the "natural faults" appearing. The people who supplied our carpet pass the responsibility back to their supplier (Alternative Flooring) who offered us a goodwill gesture of £200.00. Kings have tried to blame our dog, the general wear, it was our responsibility to read the labelling and ask the right question regarding the carpet etc. This was an expensive carpet we believe at the time of purchasing we were not informed correctly regarding the nature of the carpet. We would never have purchased a carpet had we been informed that natural or otherwise faults would appear.
I have spoken to consumer advice, our solicitor, and trading standards (who do not act for individuals) and sent numerous letters to Kings.
We would be grateful for any advice and for you to tell us if it is worth our time continuing to pursue with our complaint.
Linda and Stuart Byfield
Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.
Hi
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
You may have a claim under the implied terms of the Sale of Goods Act 1979 - specifically S.14 and the implied term of quality and fitness. It is implied by the seller that all goods are reasonably fit for their purpose and free of minor defects. This would include the natural fault.
However if you were made aware of the defect before purchasing the rug you would really struggle to make a claim under this section, and the maxim caveat emptor would apply (buyer beware).
On that basis can you tell me:
(i) What is the rug actually worth? What do you want a full refund, a new rug , partial refund?
(ii) When they say they made you aware of the "natural fault" how did they do this?
Kind regards
AJ
Customer: replied 1 year ago.

This is not a rug it is a lounge and dining room carpet. the point of my complaint is we were not informed at the time of purchase that the carpet could/would have natural faults or that the carpet was hand made in India.

We would like the carpet replaced.

We will have to check the price we paid for the carpet. We purchased several carpets during this time as we had a large extetion to our home.

Linda

Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
On the basis that you have already complained to Trading Standards you have the following options:
(i) Buy a new carpet from another supplier and then sue for the cost of replacing the old carpet;
(ii) Demand that the supplier replace the carpet in accordance with its obligations under the Sale of Goods Act 1979 and if they refuse you will still have to sue them.
If you have reached an impasse and the supplier is refusing any further restitution then your option is to sue it in the county court for breach of contract of the implied terms under the Sale of Goods Act 1979.
You have to consider though there is a risk with carrying through court action that the supplier's defense (i.e that it warned you that the carpet will damage easily because of the manufacturing process), may be accepted by the court.
Finally I would note that under S.48A of the Sale of Goods Act 1979 you have a statutory right to demand that the goods are repaired or replaced - it would be worth bringing this to the attention of the supplier if you allege a breach of the implied terms of "quality and fitness for purpose".
I look forward to hearing from you.
Kind regards
AJ
Customer: replied 1 year ago.

Thank you

We have in writing informed the supplier that under the sale of goods act the quality and fitness of the carpet they supplied is not fit for the purpose. Kings inform us that the responsibility rest with us inferring we didn't ask the correct details at the time of purchase. We pointed out that we sort their expert advice and asked to be shown carpet suitable for a lounge and dinning room. We have in our correspondence with Kings always informed them that we were not informed that our carpet would have natural faults appearing or the nature of how and where the carpet was made. We or I suspect other customers would not consider purchasing an expensive carpet knowing that it would have faults appearing. Due to wear and vacuuming etc. this caused the uneven tension of the weaving to open making numerous loom lines across the carpet.

I think the only thing we can do now is to inform them that we will take court action. Please can you inform us how to make a claim in the "Small Claims Court" or County court - how to obtain the document etc. to do this and is there a limit to the amount of money/goods you are able to claim through this court.

Kind regards

Linda

Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
You can commence a money claim online here https://www.moneyclaim.gov.uk/web/mcol/welcome
Before you can commence the claim you will need to do the following:
(i) Try one last time to reach and amicable settlement;
(ii)Quantify your loss - have another expert confirm a) that there is no such this as a natural fault b) what the repair or replacement cost will be.
Kind regards
AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience: Solicitors 2 years plus PQE
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