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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44380
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Recently has a new kitchen installed with an acrylic "solid

Resolved Question:

Recently has a new kitchen installed with an acrylic "solid surface" worktop. It soon became apparent that the material was unsuitable for a kitchen worktop, since it was susceptible to scratching very easily, and was very difficult to clean satisfactorily. The supplier was contacted and already had in place a disclaimer for this type of surface, which neither my wife nor myself were aware of, but had, apparently and without our knowledge, been signed by the kitchen fitter who was employed by us. It was the kitchen fitter's suggestion that this type of surface might be suitable, although he had never installed one before - obviously misled by the positive advertising, as were we! The fitter also told us that there was a disclaimer, but that it only covered damage through the placing of very hot items on the surface, something that we would never do, even on granite!
The supplier has offered a "good will" refund of some of the cost, but is continually hiding behind the fitter, who they regard as their customer, and who I believe was misled by the sales team purely in the interests of a sale (only conjecture, nothing proven!)
Since the supplier has a disclaimer already in place which does warn of susceptibility to scratching, and since they have made a "good will" gesture, have they admitted some liability? It seems wrong that a product that is clearly (and known to be) unfit for purpose can be sold via an untrained third party thus avoiding responsibility.
Please advise a sensible course of action.
Richard A Dudley
Submitted: 3 months ago.
Category: Law
Expert:  Ben Jones replied 3 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Customer: replied 3 months ago.
Suggestions for possible course of action
Expert:  Ben Jones replied 3 months ago.

How long ago did you purchase it?

Customer: replied 3 months ago.
Installation completed by early February
Expert:  Ben Jones replied 3 months ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Expert:  Ben Jones replied 3 months ago.

Hi there. Thank you for the live phone call request. I am unable to talk at the moment but do leave it with me and I will get back to you at the earliest opportunity. Thank you.

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44380
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 3 months ago.

When you have entered into a contract for work and materials, where the main focus is labour and skill, the Consumer Rights Act 2015 says that the work must be:

· Carried out with reasonable care and skill (to the same standard as any reasonably competent person in that trade or profession);

· Finished within a reasonable time (unless a specific time has been agreed); and

· Provided at a reasonable price (unless a specific price has been agreed).

If there are problems with the standard of work or materials, or any of the above, you will have certain rights:

1. The trader should either redo the parts of the service which are inadequate or perform the whole service again at no extra cost to you. This must be done within a reasonable time and without causing you significant inconvenience.

2. If redoing the work is impossible or cannot be done within a reasonable time or without causing significant inconvenience, you can claim a price reduction. The price reduction would depend on how severe the issues are and could be as much as the full cost of the work.

3. If the service has been performed so badly that it would be unreasonable to expect the consumer to give the trader a second chance, you may be entitled to claim the cost of remedial work by another trader.

In order to resolve any problems that have arisen, it is generally recommended that you follow these steps:

1. Collect all documents relating to the work (e.g. estimate, contract, correspondence, etc.).

2. Contact the trader and explain your problem. Ask them to return to fix the issues and set a reasonable time limit for them to respond (7 days is reasonable).

3. In the meantime find out if the trader is a member of a trade association with a mediation service that can help resolve your complaint.

4. If the matter is still not resolved, write to the trader repeating your complaint and how you would like them to resolve the issues. Say you are giving them a final time limit of 7 days to resolve the problem or you will have to consider taking legal proceedings to recover your losses.

5. If the trader fails to respond or refuses to resolve the problem, you could potentially get a different trader to complete the work and consider suing the original trader for all or part of these extra costs. Remember that court is your last resort, however it can be a good negotiating tool because it shows you are serious about resolving this and may prompt the trader to reconsider their position.

6. Finally, make sure that you send all correspondence by recorded delivery and keep copies.

If you wish to take the matter further and issue legal proceedings, assuming you will just be claiming financial compensation, you may issue your claim via the Court’s online portal at

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