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Taking carpet fitter to small claims court

11 replies

loveka · 05/06/2018 13:27

I posted about this in property under another user name, but things have escalated a bit now.

Background is that I bought two carpets and arranged a fitter to come.

When he came he said I had measured the rooms incorrectly and that the carpet for the smaller room was too small. He had already put underlay down in this room.

He said the only option was to put the bigger carpet in the smaller room. Either that or nothing and still have to pay him.

I told him several times that I wanted the bigger carpet in the bigger room. He said he didn't bring enough underlay because I had measured incorrectly. He said he couldn't move the underlay he had put down in the smaller room.

I felt I had to let him put the carpet in the wrong room because we were having photographs taken for air b and b. He was rushing me, being quite aggressive and waving his tape measure around. He had 2 men with him who kept saying how the carpet was 'tiny'. I was really upset as I genuinely thought I'd messed up. He also ridiculed me for the carpet I had bought, saying I had wasted my money etc. All this happened so quickly, he was like a bat out of hell, just wanting to get to the next job.

I paid for underlay and fitting on both rooms. A few days later, I was telling a builder. We measured the rooms together and I had in fact measured correctly and both carpets were the right size.

I phoned the carpet fitter. He shouted at me, said I was accusing him of lying and hung up.

Later he texted me and said he would have been willing to find a solution had I not accused him of lying- which I hadn't actually!

I was so angry I got the strength from somewhere to get the carpet upstairs and lay it out, proving it would have fitted. I sent him the photos.

He phoned me and asked what I wanted him to do. To me that was him accepting his error.

I said I wanted another carpet of the same value, plus the delivery plus the fitting and underlay I paid for but didn't get.

He said he would contact his insurance and see if they would cover it. This was Friday.

I sent him the original invoice. He has now not responded at all.

I'm so stressed about all this. We have no money left. The room without carpet will be our bedroom.when we move in (only air b and b ing until next year) so I had bought an expensive carpet for it. This is now in what will be our spare room!

I think I might have to resort to small claims court. However, I don't know his address.

I'm sorry for the essay, but would really appreciate some help please!

OP posts:
prh47bridge · 05/06/2018 16:52

You will need his address to take action. If he is trading as a limited company you can get that from Companies House. You then need to send him a letter setting out how much you want from him, giving him a reasonable deadline to pay and stating that you will take legal action if he does not pay. This is known as a "letter before action". Once you've done that and the deadline has passed you can file your claim online.

loveka · 05/06/2018 17:07

Thanks.

OP posts:
Tinkobell · 05/06/2018 20:08

Did you have any kind of written contract with him such as a signed and accepted quote or any itemised receipts? Any emails confirming the agreement?

prh47bridge · 05/06/2018 21:20

A written contract is not essential. The telephone records and text message are likely to be enough to convince the court that there was a contract, i.e. that the OP paid the carpet fitter to do the work.

RedHelenB · 06/06/2018 08:59

Did you not remeasure with him there?

loveka · 06/06/2018 10:57

No I didn't. There were 3 of them in the room, putting underlay down. He just kept repeating how small it was, how I had been stupid to take measurements from the estate agent. I just believed him.

I pribably should have measured, but he was being so bombastic and the others were agreeing that the measurements were wrong.

Would the fact I didn't measure have an impact in the small claims? He was measuring and pointing, showing me how wrong I had got it.

He has now said he made an error. He has approached his insurers. But he says he doesn't think he is covered for damage to carpet!!!

OP posts:
RedHelenB · 06/06/2018 11:00

Well if he's admitted liability then you should not be out of pocket. Just next time be a bit firmer. And yes estate agencies state that you shouldn't rely on there measurements.

loveka · 06/06/2018 11:14

Yes I know. But the measurements were correct. That is the issue.

I don't understand how he could have got it so wrong!

He has also said that the carpet is 'over expensive'. I think he is angling to replace it with something else.

OP posts:
loveka · 09/06/2018 14:58

He has now gone quiet.

I'm so upset about this- maybe disproportionately so!- but I have saved up fpr this carpet. Also trying to do up whole house and now have to start again on carpet.

Is it worth taking him to small claims? Does the fact he has approached his insurers prove he has admitted liability?

Also, I didn't remeasure with him there. Will that count against me? I felt quite intimidated by the 3 of them. But I do realise that had i done it this would not have happened!

OP posts:
OhOfCourse · 09/06/2018 15:10

Don't let him bully you. He knows he was in the wrong.

Go on to the .gov.uk site and they explain the small claims procedure. It's so super easy. I did this to help my daughter when her employer didn't pay her her last wage. They settled before we took action.

prh47bridge · 09/06/2018 20:12

Approaching his insurers is not an admission of liability.

In my view the fact you did not remeasure with him does not undermine your claim. He was the professional. It was reasonable for you to assume he knew what he was talking about.

If you get his address send a letter before action. If he fails to compensate you adequately take him to small claims.

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