Small Claims Court

[FateAmenableToChange]

Has anyone experience in this? Im not sure what to do. I had a new kitchen installed 8 weeks ago, and the new sink (which I bought from an online retailer has cracked. I heard a loud pop about 4 weeks ago, and a day later the crack appeared (was invisible until dirt got trapped in it). The crack has continued to develop and basically the whole sink has cracked in half now, and leaks water, so is unusable and not repairable. Ive photographed it all as its progressed.

I had a quartz worktop made to fit it, with tap holes and all the plumbing under it including a Quooker tap, water filter etc. The cost of the sink itself is nothing compared to what it will cost to replace it. And I obviously don't want the same rubbish sink again so the quartz will need to be altered too to fit a different shaped sink.

The retailer first tried to claim it was impact damage (no evidence of that). Then said he would send me a new sink - well making the same mistake twice didn't seem sensible! I explained to him the cost to me was in reinstalling it and he was liable for that under the consumer contracts law, and now he's just not responding. It's a proper company on companies house with plenty of funds in their accounts, so I was wondering if small claims is my best bet? And should I have it all redone and then claim the cost back - I expect it will be about £2k or more. Or go to court first?

I really don't know what to do and if I contact my home insurance then all my premiums will go up which seems unfair when it's a brand new but not fit for purpose product.

does your home insurance include legal advice? Mine does and it does not affect my NCR to use it.

Yes it does, and I was thinking I would call them tomorrow. But obviously once I start going down the home insurance route it will be me who ends up paying one way or another!

The problem you may have op is proving the sink was faulty. Unless the sink retailer fitted it they're likely to claim it was incorrectly fitted and has broken due to that, and I'm not sure how you'd prove otherwise. As pp has said it would be worth speaking to a solicitor, but I also can't see how they'd be liable for refitting costs.

As the sink is less than 6 months old, the presumption is that it was faulty when supplied. OP does not have to prove anything in this regard. If the retailer wants to argue that it was incorrectly fitted or the damage is due to misuse, it is up to them to prove their case.

So I think it will be difficult to argue to get a different sink. The retailer has the right to replace the sink or you could ask for a refund. But unless they agree to change the sink for you, I am not sure where you stand legally if they've offered to replace it with a brand new identical sink

@FateAmenableToChange As you have had the sink more than 30 days, you have the right to a repair or replacement. The retailer can choose which, although it sounds like a replacement is the only sensible way forward. I understand you not wanting the same model, but it may be that you were unlucky with the particular sink that was supplied and that another sink of the same model would be fine. You can only reject the sink if the retailer has repaired or replaced the sink and the repair or replacement has failed.

If you insist on a different sink at this stage, you are entirely reliant on the retailer's good will. In that situation, they are clearly not liable for the cost of altering the worktop to match the replacement sink. Again, any payment they made would be a good will gesture. However, if you allow them to supply a replacement and that fails, they will then have to provide a full refund and you may well have a claim for altering the worktop.

Ceramic and composite sinks can crack from thermal shock, or being knocked, and also poor fitting can stress the sink and cause it to crack. Or of course the actual sink could be faulty. If you do go to court, the problem you have here is whose fault it is and actually proving it.

To say again, OP will not have that problem. She does not have to prove whose fault it is. The Consumer Rights Act is clear that, as the sink is less than 6 months old, the assumption is that it was faulty when delivered. If the retailer wants to argue that the crack is due to poor fitting or misuse, it is up to them to prove it.

Thanks all, I’m pretty clear on my consumer rights. The sink had only been installed 4 weeks when it started to crack, first hairline but now it’s literally split into two. It’s definitely the retailers liability, and they are liable for the costs of installation under the legislation as well. Tbh if they want to take risk with the same sink again - it’s also their risk and if it happens again they pay again.

The problem I have is enforcing my rights. They’re just ignoring me and pretending it’s not their problem. I’ll call my home insurance legal protection as I’m afraid Court is where this is going and better they go after the retailer for their costs, than I take on any of it.

Small Claims Court usually doesn't allow you to reclaim your costs in bringing the case - it tends to be that both sides absorb their own costs - so be aware of that, you can put the court fee onto your claim, but don't expect to be able to rock up with expensive solicitors and charge / or even charge for your time...

you will have quite a few hoops to jump through to prove their liability a) because it can be a faulty sink, and b) because it can be down to how it was fitted - did they fit it? If not, then the fitters might share or hold liability...

a court won't look well on your refusing to try a replacement sink - that is the obvious first step and the courts will expect you to have tried every option before going to court (potentially including mediation).

you might not fin that they are liable for costs of the work surface etc. not every fault carries consequential liability with it...

On my home insurance, you can get legal advice without having to claim or it affecting your no claims.