Accessible bath not fit for purpose - what to do now?

[ChocolateDeficitDisorder]

I'll bullet point this for ease of reading..I would appreciate some advice.

We are in Scotland, the supplier of the bath is in England.

• Parents aged 90 and 77 get a quote for new bathroom. They want a
  P- Shaped bath with a powered seat and walk-in door.

• Fitting company recommend a particular bath from a particular
  online catalogue. Salesman suggested we order it personally to
  avoid VAT due to disabilities.

• Bath was ordered online by Mum at a cost of £3.5k (exc VAT).
  
  It arrived after 9 weeks.

• Fitters fitted new bathroom and new bath. They did not check the
  door seal for leaks.

• I checked the bath and found that the door doesn't seal properly and
  leaks.

• Called plumber back who states that it's a manufacturer error (the
  bath comes as a complete unit)

• Supplier is contacted, states that sending out an engineer from
  manufacturer will incur a charge if the problem is found to be a
  fitting problem but free if it's a manufacturing issue.

• Engineer arrives to inspect. He reports that the bath is 'twisted' and
  once the plumbers sort it, the door will seal properly.

• Plumbers return. They straighten by bath by a tiny increment and
  say that it's level now. This has not changed the problem is with the
  door as it's still not closing properly. They maintain that the
  door has been fitted incorrectly (holes drilled 2mm out). Plumbers
  have been paid for the whole bathroom replacement job.

• Bath still leaks.

• Suppliers say they will not discuss this any further until the
  inspection payment is made (£165).

What do we do now? Neither party is taking responsibility and Mum has a brand new £3.5k bath which leaks and can't be used.

Any legal advice welcome. I get the feeling if Mum pays this money that she'll struggle to get them to take any more interest in this bath.

I actually believe the plumbers, the door appears to be incorrectly fitted onto the curve of the bath and it doesn't latch correctly. The bath appears to be level as far as we can see.

This is how the latch should look. Note that the white tube 'seal' is compressed flat when the door is sealed.

Other picture is how the latch looks on my Mum's bath. The white sealant strip does not compress at the handle side, but it does at the hinge side.

This is governed by the Consumer Rights Act which applies across the UK, so your location doesn't matter.

If the fitter is at fault, you have the right to a price reduction to cover the cost of getting someone else to sort out the problem and the inspection payment.

If the supplier is at fault, you have the right to a repair or replacement (they can choose which). If that fails, you have the right to reject the bath and receive a full refund (assuming you have had it for less than 6 months).

You could get a report from an independent expert to determine where the fault lies and then demand that the party at fault sorts out the problem and covers the cost of the independent expert. Alternatively, you could take action against both the supplier and the fitter. Before doing so you must send them both a letter before action.

@prh47bridge
Thank you, this seems to make sense, and pretty much what my last email to them has threatened. I think we'll have to go down the independent expert route, although I'm not sure where to locate someone who is an expert in powered bath engineering!

Would Trading Standards be able to help, do you think?

No idea but no harm in trying.