Consumer rights re flooring

[richardmk]

I purchased a rather expensive tiled kitchen floor for around £15,000!

I paid for floor in full after it was fitted but a week or so later noticed that there were some areas of the floor where the fitting is poor.

I have approached the company who supplied it and they have made 2 attempts to rectify the problems by lifting some tiles and replacing them.

However the floor is still not correct and I am not happy.

Now the organisation is saying that as I have paid for the floor I must be happy with it otherwise I wouldn't have paid.

This simply isn't true though as I didn't get a chance to fully inspect the floor after it was laid. As they were a small local company I paid them straight away as I appreciate how a small company can suffer cash flow problems. Obviously this is somehting that I regret now.

Surely by paying for the floor, I didn't automatically dispose of my legal rights to reject it or dispute it a week or so later?

 

[debtloopholes]

...Surely by paying for the floor, I didn't automatically dispose of my legal rights to reject it or dispute it a week or so later?

Of course not Richard.

Maybe you could ask a reputable tiler or two to give you a written appraisal of the quality of the work. If the professionals agree, ask them for a quote to remove all the tiles, make good the floor and re-tile to a professional standard. Then issue a county court claim against the original company for the amount of putting the situation right.

Hopefully, they will pull their fingers out on receipt of court documentation.

 

[Anthony Reeves]

I agree with the previous post.
Under the Supply of Goods and Services Act 1982, they were under an obligation to carry out the work with reasonable care and skill. In view of what you say, it would seem that they have not done so.
I could probably take this on for you on a "no win no fee basis" if you need assistance with the legal claim.

Anthony Reeves
Pinniger Finch & Co, Solicitors
01373 823791

 

[richardmk]

Thanks to both of you for your replies.

At the same time as ordering the kitchen flooring, I also ordered some flooring for some other rooms in the house totalling around £9,000.

The kitchen floor was done first and invoice by the company (around £15,000) and I paid in full.

The other flooring was then done shortly after this and it was then that I disputed the quality of the kitchen floor.

I have not yet paid the £9,000 for the other flooring. Can I legally withold payment for the other flooring given that the problem with kitchen floor has not been resolved yet?

The company are claiming that each area of flooring is part of a seperate contract but everything was ordered together although they invoiced for the kitchen floor seperately.

The cost of me rectifying the problem is such that I am having to get all the old tiles removed, purchase new tiles and fit new ones with great care being taken not to damage the underfloor heating which is rather close to the underneath of the tiles. It looks like the total cost of sorting it out is going to be around £16,000.

Naturally I don't trust the original company to do any of the work as they have already been back twice and the problems still remain so I have instructed a different company.

I have made them an offer to settle this matter (with a deadline) by way of them agreeing to write off the £9,000 that I owe then and I will get the problems sorted. Although this will obviously cost me around £7,000 extra I just want a speedy resolution to the matter.

They have rejected my offer to settle and are insisting that I pay them the £9,000. As they have rejected my settlement offer I have told them that I will hold them responsible for all costs associated it getting the flooring corrected to a satisfactory finish.

What should I do?

 

[Anthony Reeves]

Thanks for the posting.
You may enable you to claim a set-off, but I would obviously need to consider the whole matter in more detail before giving full advice.
With the amount involved it would be wise to seek legal representation.
I handle these types of disputes and would be pleased to help.
I would be happy to negotiate an acceptable fee, ie a modest fixed fee.

Anthony Reeves
Pinniger Finch & Co, Solicitors
01373 823791