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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have just sent a claim to the small claims court against

Resolved Question:

I have just sent a claim to the small claims court against the property company we bought our new build from. They have been 4 or 5 times to view the carpet (which we have put the claim in for) but now they have received the claim they want to come view the carpet again. Should we allow them? They have really poor record keeping so have the thought that this may be to give them details they dont have now. Thanks
Submitted: 2 months ago.
Category: Law
Expert:  Joshua replied 2 months ago.

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

  1. May I ask when you bought the property roughly?
  2. You mention NHBC has been involved. Did you make a claim? If so what was the outcome?
  3. What more can they want to know about the carpet they have not been able to learn from the previous visits?
  4. What is wrong with the carpet?
Customer: replied 2 months ago.
Thanks for the reply. Answers below.
1. March 2016
2. It wasnt in their remit. They were brought in as the company we bought the house from were not responding.
3. They have not taken sufficient notes on our file. We paid to get all the notes they have and their are 9 months worth of communications missing. They are stating they have a new MD who would like to view the carpets himself.
4. They were fitted incorrectly. They are not big enough for the rooms. These were paid bundled into the price of the house.
Expert:  Joshua replied 2 months ago.

Thank you. Are you suing for the cost of another contractor to replace the carpets?

Customer: replied 2 months ago.
Replacement carpets that we will be sourcing ourselves. We have yet to arrange the fitting or procurement of these yet. On our claim we are saying they have not fulfilled their requirement and the sizing and fitting of the carpets have not been done correctly. They are too short by a good 5-10mm
Expert:  Joshua replied 2 months ago.

Thank you. It appears the Consumer Rights Act 2015 now applies to new house sales by developers unlike the old Sale of Goods Act which did not so this has given consumers significantly better rights against developers. The CRA provides that if the seller fails to repair or replace the item within a reasonable time then he must provide a price reduction and he may be liable for such further reasonable expenses you incur as a result.

From what you say the developer has had more than sufficient opportunity to inspect the carpets and arrange for a repair or replacement but has failed to do so. You therefore have no obligation to allow the developer more than one opportunity to to do so, so there is no requirement to allow them to inspect again unless you are willing to voluntarily. It should not prejudice your claim to refuse further access.

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