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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50156
Experience:  Qualified Solicitor
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I have fitted a carpet customer and she is not satisfied

Customer Question

I have fitted a carpet for a customer and she is not satisfied with it (but there is nothing wrong with it, apparently she does this very often with people one builder went bankrupt because of her). I have been back four times to make good her complaints. She has now sent me a letter see below
15th December 2014 Carpet underlay including fittings to stairs landing bedroom of the cost £600.
We agreed the work would be completed on 15th Dec 2014. However I have had the following problems
1 first stairs carpet poorly fitted loose coming away from stairs
2 stairs to right hand side carpet poorly fitted and runs wrong way
3 stairs to left down run of carpet fitted at an angle not straight
4 stairs to left carpet poorly fitted loose and coming away from side
5 Bedroom on either side of stairs extremely loose with ridges of loose carpet
6 Damage too newly plastered wall in 2 places
7 En-suite bathroom door will not close over carpet fitted
Supply of goods and service act 1982
According to the law named above supply of goods and service act 1982(as amended) I am entitled to have this work done with reasonable care and skill.
Following my initial complaint 2 of your fitters returned to rectify the problems and made the excuse it was a dark day, poorly lit when the carpet was fitted.
The problems had not been addressed so I contacted you. You came for a third time bringing with you a fresh roll of carpet to re do the stairs.
You made another attempt to solve the bedroom carpet. It was agreed that another carpet fitter would fit the stairs carpet. You made a point that the new carpet fitter would not be able to fit it any better as it was cheap.
The independent fitter came and refitted the stairs carpet to satisfactory standard for £20 he pointed out that the right hand side section of stair carpet ran the wrong way so he charged £20 to re fit this plus the left had side stair carpet once you have sorted out the bedroom carpet. The builder came to repair the wall and refit the door.
You agreed to bring another piece to be fitted and have another go at correcting the problem with the bedroom carpet. You came for the 4th time you told me the carpet had felt backing which was more difficult to fit. I returned on Monday to find the ridge running in 2 places in the bedroom. The carpet is still loose and pucker and the left hand is faying and does not fit properly under the metal strip. I still not hovered the carpet because of all the loose ends of thread and loose areas on stairs. I am not able to use the bedroom or bathroom until this has been resolved. I am extremely disappointed with this service. If you’re unable to fit the carpet correctly I do not want it. Please respond to my complaint/ complete the work in the next 14 days if you fail to respond/remedy in this time I will have no option but consider taking the matter further.
What can i do can i go and collect the carpet? Do i need to send her a letter?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How do you wish to resolve this?

JACUSTOMER-b5wveogd- :

do i send her a letter can i go and take the carpet from the house she has not paid for it

JACUSTOMER-b5wveogd- :

i want to know my rights as i have tried to resolve but she will never be happy

Ben Jones :

Hi sorry I was offline by the time you had replied. When someone has entered into a contract for work and materials, where the main focus is labour and skill, the law says that the work must be:

  • Carried out with reasonable care and skill – i.e. to a proper standard of workmanship;

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

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

In addition, any materials provided as part of the work must:

  • Match their description

  • Be of satisfactory quality

If there are problems with the standard of work, or the materials used, the customer will have certain rights.

If work has already started, and there has been some breach of contract by the other side, they would usually be expected to give the workman the opportunity to rectify the problem. However, if they can justify why they should not be given such an opportunity, for example, if work has been left in a dangerous condition or their work is obviously below-par, they could refuse to do so.

In terms of potential compensation, the consumer may be entitled to that in the following circumstances:

  • The work was not carried out with reasonable care and skill, or finished within a reasonable time;

  • The tradesman has been negligent in their work;

  • They have accepted a repair, which turns out to be unsatisfactory;

  • The services are unsafe and someone has suffered injury

  • They have incurred additional expenses or suffered inconvenience because of the tradesman’s breach of contract.

You are not required to reply to the customer’s letter or send your own. You can nevertheless contact them to try and resolve this and propose your solution, which would be to take back the carpet as you have not been paid for it. The customer does not have to allow you onto their premises though so without their consent you cannot take it. If that does happen then it is going to be a matter for you to consider taking this further to get the money you are owed. A claim can be submitted in the small claims court of necessary.

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

JACUSTOMER-b5wveogd- :

if she lets me into the house to rectify the problem am i in my rights to take the carpet away?

Ben Jones :

as long as you do not cause damage you can try, but the issue is if she asks you to leave then you will no longer be legally allowed to be there and will become a trespasser, so you do need her consent really

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether you need further help or if I can close the question? Thank you

Ben Jones :

Could you please let me know if this has answered your original question or if you need me to clarify anything else in relation to this? It is important for us to know either way so we can track customer satisfaction or identify whether I need to help you further? Thanks