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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49779
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I had a complete kitchen supplied and installed almost 8

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I had a complete kitchen supplied and installed almost 8 years ago. One item, a wine fridge, was not installed as per manufacturer instruction. No air vent was fitted that has led to a premature failure of the unit. The company did return to fit a vent a few months ago when the fault was diagnosed. Is there any further claim that could be made to cover the incurred replacement cost? Although I have written to the company and chased up a response, they are not responding verbally or in writing.

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

Does the company that fitted the kitchen know that they fitted the wine fridge without the air vent?

Customer: replied 1 year ago.
they were made aware of this a few months ago and did fit an air vent free of charge. Following this the fridge continued to work for some weeks, but then failed (confirmed by manufacturer). The unit is a sealed type, that means it cannot be repaired. The manufacturer has offered a 50% discount on a new unit (because it is on a service plan). Had the unit been installed correctly there would be no additional cost incurred. It will cost me almost £1100 for the change of unit.

OK, thank you for your response. I will review the relevant information and laws and will get back to you in a short while. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your questions to the back of the queue and you may experience unnecessary delays. Thank you.

Many thanks for your patience. The issue here is that whilst the company would have been liable under the tort of negligence or under consumer legislation for the supply and sale of goods and services, you would be out of time to pursue it legally. That is because there is a 6 year time limit to pursue such claims and as the error was made more than 6 years ago, you would now be out of time to pursue them legally. It does mean that even if they would have originally been liable for this, if they now refuse to assist you, you cannot force them to resolve this. You may of course try to apply further pressure, such as by following the pre-claims procedure, and even go as far as issuing a claim in the hope that it prompts them to reconsider their approach, but it is likely that eventually the claim will be struck out for being out of time and you will have no other legal remedies to take it further.

This is your basic legal position. I have more detailed advice for you in terms of the steps you can follow to try and put more pressure on them, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

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Thank you. Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:

1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. As mentioned you are legally out of time to make the claim but you can still do so to try and use this as a final option to make your intentions clear (they may not know that there is a legal time limit for you to claim so getting a claim against them could prompt them to reconsider their position). The claim can be commenced online by going to