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Where do we stand legally?

3 replies

Fairfeather · 25/07/2021 08:19

Had new underlay and carpets fitted at the end of April in three rooms, landing and stairs.

Immediately noticed issues with the underlay (awful quality with lumps) the carpet itself (damaged, colour differences too) and the fitting (loose, rippled and lifting on the stairs, and can feel the grips coming through at the edges).

Long story short, the company (local independent) have been awful. The salesman came out to look and said they were minor issues, made out we were being fussy, but he'd send a fitter to take a look ASAP.

A month later (after me chasing) he finally booked a date for the fitter, then he cancelled it last minute.

The next date he offered I couldn't do. Another month went by without word from him, no replies. I sent a letter saying if it wasn't sorted by X date, I'd get someone else to fix it all and deduct that from his invoice.

He booked a fitter on that X date. Fitter came, (a different one to original fitter) and he has confirmed all the issues and is appalled at it all. He says we need new underlay and new carpet throughout.

I've not heard anything yet from the company. I should say, I've not paid a penny yet.

Can I tell the company to come and remove their materials as I want nothing more to do with them? They've caused huge inconvenience and stress, wasted so much of my time chasing, we'll have to empty the rooms yet again, and he's not been friendly or helpful at all. I've lost confidence they will resolve the issues or even do a good job; I feel he's had ample time to sort this.

Anyone able to help with where I stand legally though? Could he pass his invoice to a debt collection? I don't think he'd bother with small claims.

Thanks for any thoughts/advice.

OP posts:
Hannahcolobus · 25/07/2021 10:26

This reply has been withdrawn

This has been withdrawn by MNHQ at the poster's request.

TobyHouseMan · 25/07/2021 21:54

If you're not happy then don't pay - anything.

He cannot just magically get a debt collector on to you and have them force the money out of you. Sure, he can have one come around and pester you for money but they have as much power and rights as the milkman does. NEVER let them into the house, tell them to do one and close the door. To get any teeth he has to take you to court, get a judgement and then enforce it.

I suggest:-

Write to him. Firstly give an account of everything thats happened so far. List all the things wrong with the carpet and what you expect him to do to rectify them. Say you want it resolved at which point you'll pay him as agreed. State you want to resolve the matter to everyone's satisfaction.

Give him a deadline of say 28 days to get it fixed.

If he hasn't resolved things within 28 days and looks unlikely to do so soon after, write to him again and tell him your unhappy with what he's done, you are rejecting his work after giving him ample time to resolve things and then state you're giving him 14 days to remove his carpet and underlay from the house. If he doesn't then write again, stating the day the underlay and carpet will be removed and if he's not there to pick it up you'll arrange for disposal and send him the bill.

Should he take you to court then you can demonstrate you've been reasonable, tried to resolve matters after giving him plenty of time. The judgement should go your way, but of course nothing is guaranteed. But the key here is to be reasonable, flexible and to demonstrate a genuine desire to work with him to sort things out.

I had a problem with my carpet. A real nightmare which ended up with us having 4 (FOUR) different carpets laid. I used TAPI and I can honestly say they were the most professional carpet people I've ever had - top service.

Things can always go wrong when having work done but what separates the men from the boys is how they deal with the problems - TAPI were fantastic.

Fairfeather · 26/07/2021 05:50

Thank you both so much. It's been ridiculously stressful and I'd love to tell him to go forth now but I'll take your advice!

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