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Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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Thank you for reading this and any help you can provide. I

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Hi, thank you for reading this and any help you can provide. I had replacement doors and kitchen worktops fitted by Kitchen Genie on 24/25 May 2017. Some of the goods fitted on day one were damaged by the fitters on day two and the sink that was fitted was not the one I had chosen from their catalogue, a Franke sink. The workmanship on day two was very shoddy and their fitters damaged the sink as they fitted it and left both the sinks they had worked on leaking. I did not realise the extent of the damage until they had left, or indeed discover the slow leaks until I found the puddles on the floor the following morning when I reported the problems on the telephone to Kitchen Genie. However, I had to pay cash/cheque on the day and needless to say the monies have been cashed. I have been in communication with Kitchen Genie since by telephone and email but they never return my calls and only occasionally reply to an email. I have emailed Kitchen Genie photos of the damaged woodwork and sink and they have replaced some of the damaged woodwork, there is still one part on order. However whilst I have reiterated that I do not have the sink I ordered, they say the part number of the sink was clearly marked on the order/plan drawing and therefore I knew that a Franke sink would not be supplied. I asked how would I as the customer know what a specific part number referred to and why would I question that the one quoted wasn't in fact for the sink I had chosen as pictured in their brochure from the page entitled Franke sinks? They have not replied. The price I was quoted was an overall price so I don't know what I was actually charged for the sink but I know that under Consumer Rights Act 2015, goods need to be fit for purpose and as described by the retailer (presumably in brochure), should not be supplied faulty or damaged. I raised these matters the day after the fitting so was within the required 30 day period, but they are not communicating and I don't know what to do next. Kitchen Genie are also a full member of the Furniture Ombundsman, should I contact them too? Please can you help.
Assistant: Where are you located? It matters because laws vary by location.
Customer: i live in Ashford Borough Council, in Kent. Thank you.
Assistant: Has anything been filed or reported?
Customer: Sorry I have just realised, I live in Shepway Borough Council, in Kent. I have not reported or filed anything legally as I don't know what to do next and what I should financially claim. The only representative from the company who keeps in touch with me is the carpenter who fitted the woodwork on the first day as he knows he will have to come back at some point. He says they are never usually so uncooperative and it helpful but he is a contractor himself and so is unable to really effect any change. He told me he would raise it again with his boss the Operations Manager next week when he returns to work.
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: Just that they rarely get in touch. I have done all the ringing, emailing and providing and I have made my frustrations and disappointments clear to the Operations Manager but now he has his money, he it not interested at all.

Hello my name is ***** ***** I will help you with this.

How much will it cost to get it repaired etc?

Customer: replied 8 months ago.
Thank you Jamie - the carpenter from Kitchen Genie repaired the sink on 21.7.17 with a worktop sealer and repair kit but the damage is still visible. He was here to replace two doors that were damaged on fitting. With regard to the sink, I wanted to replace an old, black, scratched sink as I was having new worktops etc. but I ended up instead left with a new, black stretched sink and have had to pay for the privilege whilst not even purchasing the item I chose from the catalogue. This cannot be right can it?
Customer: replied 8 months ago.
Is this £44 in addition to the £38 I have already paid?
Customer: replied 8 months ago.
Hi Jamie - please can you confirm what additional monies I would be paying as I am on a limited budget. Many thanks

How much is it you want to claim back?
Its only an additional fee if you want me to call you.

Customer: replied 8 months ago.
I don't know what to claim because as I say, the price was a total price without itemising the components. All I want it to have a black sink that is not damaged or scratched from years of use. I have looked extensively on the internet at Franke sites and I cannot see the one I chose from Kitchen Genie's brochure (which has oval and curved lines), so I am thinking it was never a Franke sink, despite the description. The one fitted in my home is more square and angular as are the sinks that appear on the Franke official website. The goods didn't match the brochure and description before they were damaged by the fitters so on two counts I feel I have been mislead.

What is the extra cost you have had to pay?

Customer: replied 8 months ago.
I'm sorry but I can't identify a specific cost in £'s as the bill was presented in two totals, one for the carpentry (where they have rectified two thirds of the damage and have ordered the last panel), and one for the sink and worktops. The overall total was almost £10,000. That is why I need your help to know what action to take. In law, should Kitchen Genie provide a replacement Franke sink as that is what I ordered from their brochure and as the brochure states. Within the law is that what I am entitled to, or do I have to settle for some kind of refund based on whatever they care to tell me the in appropriately fitted faulty sink cost and then undertake my own replacement as necessary. What do they contractually have to do to meet the requirements of the Consumer Rights Act or for their description of the sink not to be in breach of the Trades Description Act? What I need to know are my legal rights, so I can decide how to proceed i.e. effort versus likelihood of getting any satisfaction. There was no way I could have known that a Franke sink was not being provided as it is what I was lead to believe I was ordering from a corporate brochure and the salesman did not explain otherwise at the time of ordering . There is no equivalent sink on the Franke website. Thank you.

Yes they should have - under the Consumer Rights Act 2015 it states:

1) Goods must be as described

2) Fit for purpose

3) Of suitable quality

4) The trader must act with all reasonable skill and care.

If they fail on any one of these, they are in breach of contract and you are entitled to a refund.

You need to write and set out your losses and request a refund within 14 days or say will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: or by completing form N1 and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

Can I clarify anything for you about this today please?

Customer: replied 8 months ago.
Thank you. Would you suggest trying to go through the Furniture Ombudsman as they are a full member of that organisation or do you think the possibility of court action would be a bigger incentive to get the situation resolved. Do ombundsmen really have any "clout"?. In order to try and establish a cost for refund, would it be reasonable to quote the price of the most similar looking Franke sink to that in either the corporate brochure/the one that looks most similar to that which has been fitted? How else could I determine a value?

There is no formal Ombudsman as such for this. There is a retail Ombudsman. An ombudsman can only recommend, they cant enforce an order

Does that clarify?

Customer: replied 8 months ago.
Thank you for this but I am confused as along with the Kitchen Genie corporate brochure I was issued a document from Kitchen Genie advising me they were a full member of the Furniture Ombudsman and the Code of Practice etc. Could you please just advise me what is the most reasonable line of approach for establishing a cost to pursue?

That may be a voluntary Ombudsman, but its not a government one.

Does that clarify?

Customer: replied 8 months ago.
Could you please just advise me what is the most reasonable line of approach for establishing a cost to pursue? Would it be reasonable to quote the price of the most similar looking Franke sink to that which appears in the corporate brochure/the one that looks most similar to that which has been fitted? How else could I determine a value?

I would go via the Ombudsman. I certainly wouldnt accept anything less than half.

Does that help?

Customer: replied 8 months ago.
Many thanks for clarifying what I had suspected.
***** *****

All the best Sandra. If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face, otherwise the site does not pay me for the time spent with you today. It is also an important part of the online process. Thank you in advance and good luck!

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