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Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Legal matters

Advice needed - carpet fitter damaged wall and now gone no contact

16 replies

YreneTowers · 01/02/2018 13:10

We recently had a new loft conversion, and the last thing done was having the new carpet fitted.

We bought the carpet from a well known large chain, who do not employ their own carpet fitters but contract third party carpet fitters to do the work for them.

The carpet was fitted fine, but I noticed after the carpet fitter had left that he had pushed the door into the sloped ceiling of the room and caused damage which my decorator says he will charge me £50 to fix. The room was only decorated a few days before, so the damage is definitely new.

I phoned the shop the carpet was from and left a message, but they didn't return my call, so I emailed the next day, with photographs of the damage.

They replied and said that the third party carpet fitter would be liable and that he'd contact me in the next few days.

I waited a few days, then emailed them again. They promised he would contact me that day. He didn't.

I emailed again, sending them two phone numbers for me and asking them to make sure he had them and could he contact me.

No response.

What do I do now?

I have no contact details for the carpet fitter, so need to leave messages for him with the shop. All I have is his first name.

OP posts:

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prh47bridge · 01/02/2018 13:26

Go back to the shop. Your contract is with them so they are liable. Don't let them brush you off. They may have a claim against the fitter but your claim is against them. The fitter was their subcontractor so they are liable for the fitters actions.

If they continue to brush you off, write to them setting out your claim, giving them a reasonable deadline for payment and saying you will take legal action if they fail to settle. If they don't pay up you can then take action in the small claims court. You will be able to reclaim your court costs from the shop.

Collaborate · 01/02/2018 17:09

Remember that it's not strict liability. If you have a door opening that requires a stop to be fitted, and you failed to fit a stop, it might be found that it wasn't the carpet fitter's fault. Unless you need the money to feed the kids I'd chalk it down to experience and move on.

Hoppinggreen · 01/02/2018 17:13

It’s Carpetrite isn’t it?
They are notorious for this
prh is a lawyer and knows their stuff but someone has posted about this before and I believe that the way CR arranges things you DO actually have a contract with the fitter not the shop and when it goes wrong the fitter is the only one liable - from memory they only “recommend”a fitter or some such nonsense they use to wriggle out of any responsibility

YreneTowers · 01/02/2018 17:42

It's not possible to fit a doorstop in that room. For one to be any use in stopping the door hitting the sloped ceiling it would be a trip hazard. The sloped ceiling also means a ceiling stop can't be fitted. We looked into it when the room was built.

Is is obvious from outside the room that the ceiling slopes, as there is a sloped ceiling on the landing and stairwell too.

Yes it's CarpetRight.

I need to talk to the carpet fitter, but he won't call me. The shop now won't respond to my emails and won't give me his contact details.

Should I go into the shop and ask to speak to a manager?

OP posts:

prh47bridge · 01/02/2018 18:20

I believe that the way CR arranges things you DO actually have a contract with the fitter

I'm afraid that is correct. Carpetright's terms and conditions mean they are acting as agents for the fitter. That means your contract is with the fitter rather than the shop. You need to lean on them to give you the fitter's contact details. Contact their head office and/or use social media.

BlaWearie · 01/02/2018 18:24

Slightly off topic, but we have a small piece of carpet stuck to the top corner of the door, so it doesn't damage the ceiling.

Collaborate · 01/02/2018 23:34

Why isn't it possible to fit a door stop? It's at most a rubber bung screwed in to the floor.

YreneTowers · 02/02/2018 07:29

Collaborate - as I said in my post yesterday, for a doorstop to be any use in stopping the door, it would be a trip hazard. Our builders wouldn't fit one for that reason.

OP posts:

Yogagirl123 · 02/02/2018 08:00

I had a very similar issue, when some fitter damaged my brand new kitchen, tried to hide the damage by getting another fitter to stand there, absolute playground stuff! Done an awful job of the fitting too. No way was I going to accept it.

I rang the shop straight away, and was told I was NOT to pay the fitter, it put me in quite a vulnerable position at the time, two men unknown to me expecting to be paid and were not pleasant at all. And believe me, I am usually very a very confident person.

They had to pay for replacement vinyl. Kitchen was put right. Not an experience I would want to repeat.

I hope you get it sorted out.

SoupDragon · 02/02/2018 08:08

TBH, if you can’t fit a doorstop then it’s only a matter of time before the ceiling/wall is damaged again.

For just £50 I would give up the hassle of trying to pin down the fitter and get the decorator to fix it whils teaching me how to do it myself.

rcit · 02/02/2018 08:12

You will be able to fit a doorstop/restrainer, it just needs more thought as it’s unconventional.

I would pay the £50 to fix it yourself because I do think that although he actually did the damage, it was an accident waiting to happen.

Truthstar · 02/02/2018 08:16

I'd give it up. Its not really the fitters fault that theres no doorstop.

Collaborate · 02/02/2018 08:45

The door stop can be fitted very close to the hinged side of the door frame. It will not be a tripping hazard. Or you could but the stop on the ceiling.

It is inevitable that without a stop the ceiling will get damaged again.

bebealpha · 02/02/2018 11:13

Sorry but I don't think you can blame the carpet fitter for that unless you specifically told
him to take extra care because there is no doorstop. He's probably barely making minimum wage anyhow.

Can't you attach the doorstop to the door instead?

YreneTowers · 09/02/2018 10:38

Still heard nothing from the carpet fitter and being ignored by the shop.

Frankly now I couldn't care less about the damage. I am pissed off that he can't even be courteous enough to contact me to discuss it.

I would have discussed it with him, maybe met him halfway or taken an apology and a promise to be more careful, but for him to not bother to contact me is not on.

I'm going to send one last email to the shop, saying that I was going to go to them to recarpet the rest of my house (which is true) but that due to the lack of response from the carpet fitter, I have reservations about buying from them again.

OP posts:

fairgroundsnack · 09/02/2018 10:42

I would be tempted to go to the shop when it’s busy - maybe on a Saturday afternoon - and make a very loud fuss about it. They won’t want all their customers to hear that the fitter they recommended caused damage and they aren’t interested. Don’t leave until they’ve provided the fitter’s full name and address.

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