Worktop Nightmare
Discussion
We have recently had a kitchen installed. We decided with quartz worktops & purchased them through the company that we bought the kitchen from. The worktop company template it themselves & also fit it. This has all been done & we are unhappy with it. There are chips in the worktop, pieces weren't fitted right, two pieces don't fit & one piece has a mark within the stone.
The store manager of the kitchen company visited & agreed that it was unsatisfactory & that he would not have it in his house. The worktop company have sent people out three times to try to resolve the issues & we are still not happy. We informed them that we want to reject the worktops & have a full refund. Today I had a phone call from the worktop company saying that they would arrange for this asap so we could arrange for another company to do the work. Two hours later I found myself on a conference call, that I had no notice of, with the MD of the kitchen company, the store manager & also the MD of the worktop company. During this intimidating call I was told that there was miscommunication in the office which is why I had confirmation of the removal of the worktop. The only way this will happen is if we take them to court. I was also told that they have all the photographic evidence to support them.
Are they right or is this bullying tactics?
The store manager of the kitchen company visited & agreed that it was unsatisfactory & that he would not have it in his house. The worktop company have sent people out three times to try to resolve the issues & we are still not happy. We informed them that we want to reject the worktops & have a full refund. Today I had a phone call from the worktop company saying that they would arrange for this asap so we could arrange for another company to do the work. Two hours later I found myself on a conference call, that I had no notice of, with the MD of the kitchen company, the store manager & also the MD of the worktop company. During this intimidating call I was told that there was miscommunication in the office which is why I had confirmation of the removal of the worktop. The only way this will happen is if we take them to court. I was also told that they have all the photographic evidence to support them.
Are they right or is this bullying tactics?
Billie92 said:
We decided with quartz worktops & purchased them through the company that we bought the kitchen from.
What does your contract paperwork say? If I have understood this correctly you appear to have no contract with the worktop supplier. If so, their MD should not have been involved in that 3 way call. The kitchen supplier should be dealing with this issue as they have sub-contracted the supply and fit of the worktops.If the kitchen supplier thinks they are on solid ground let them prove it in court. It's up to you whether to call their bluff.
That is interesting. Thanks. All the paperwork we have is from the kitchen company. I'll have a look on there to see if it mentions any terms about the worktop. When on the call yesterday they told me that they have signed paperwork for the templating & the fitting. The fitting was done while we were at work. I signed, on an ipad, before going to work & the fitter informed me that I was signing to confirm they had arrived & that I wouldn't be able to check it while they were there. This must be the paperwork they have & we don't have a copy of.
Billie92 said:
I signed, on an ipad, before going to work & the fitter informed me that I was signing to confirm they had arrived & that I wouldn't be able to check it while they were there. This must be the paperwork they have & we don't have a copy of.
Oh dear. So you only have the fitter's word for what you were actually signing. That might ( I put it no higher than that) be bad news. On an ipad screen you have no way of knowing exactly what your signature may have been linked to.What does the kitchen supplier's contract say (if anything) about the supply and fit of the worktops? Hopefully you DO have a paper hard copy of that. It is conceivable that it could turn out to be a separate contract between you and the worktop supplier. Some kitchen companies are not above failing to make this clear and you might be surprised just how many people fail to read ALL the T&Cs before committing themselves. Especially if done in store and the salesperson is keen to wrap up the deal and earn their commission
Hope you can sort it out without getting shafted.
If your claim is likely to be less than £10,000, then the small claims court is probably the best route.
My one experience was found in my favour even though the other side thought their claim was good. They were claiming against me. A kitchen company that messed up in one small area, so I had withheld part payment.
To me, your story sounds like unreasonable contract conditions, which I think the court would find in your favour as you are not a pro. My guess is the kitchen company and co. would fold before court, once they know you are serious.
Also, why not try a visit to your local CAB office.
Going down a proper legal case is likely to be expensive as well, if you loose.
My one experience was found in my favour even though the other side thought their claim was good. They were claiming against me. A kitchen company that messed up in one small area, so I had withheld part payment.
To me, your story sounds like unreasonable contract conditions, which I think the court would find in your favour as you are not a pro. My guess is the kitchen company and co. would fold before court, once they know you are serious.
Also, why not try a visit to your local CAB office.
Going down a proper legal case is likely to be expensive as well, if you loose.
All the T&Cs we have relate to the kitchen units.
We paid a deposit in store but the rest has been done on one of their buy now, pay in 12 months time finance deals through Barclays. We have contacted them & they told us that our account is not showing live as we haven't signed a satisfaction document. They are now looking into it for us.
We are thinking of going to the furniture ombudsman with this too.
We paid a deposit in store but the rest has been done on one of their buy now, pay in 12 months time finance deals through Barclays. We have contacted them & they told us that our account is not showing live as we haven't signed a satisfaction document. They are now looking into it for us.
We are thinking of going to the furniture ombudsman with this too.
Watching this with interest as we are having a worktop fitted in 3 weeks time , just a small point though , the defect within the stone unless really hideous i believe is a non starter as the stone is a natural product and as such may have defects in it we were advised of this when we were looking .
bimsb6 said:
Watching this with interest as we are having a worktop fitted in 3 weeks time , just a small point though , the defect within the stone unless really hideous i believe is a non starter as the stone is a natural product and as such may have defects in it we were advised of this when we were looking .
from the original post I think its a man made stone top as he states a quartz top, so not much natural about it.That said they are allowed a certain number of minor defects per sqm from memory, which would normally be in the product specification and t&cs..
the odd small black spot in pure white tops are usually the worst in my personal experience, with pieces of mirror/silver falling out of sparkle tops a close second.
hedgefinder said:
from the original post I think its a man made stone top as he states a quartz top, so not much natural about it.
That said they are allowed a certain number of minor defects per sqm from memory, which would normally be in the product specification and t&cs..
the odd small black spot in pure white tops are usually the worst in my personal experience, with pieces of mirror/silver falling out of sparkle tops a close second.
Ah yes i should have read it properly . That said they are allowed a certain number of minor defects per sqm from memory, which would normally be in the product specification and t&cs..
the odd small black spot in pure white tops are usually the worst in my personal experience, with pieces of mirror/silver falling out of sparkle tops a close second.
Billie92 said:
All the T&Cs we have relate to the kitchen units.
So no mention of the worktops whatsoever? That suggests they may be the subject of a separate contract. I would be looking very closely into what exactly you were signing when presented with that ipad. Billie92 said:
We paid a deposit in store but the rest has been done on one of their buy now, pay in 12 months time finance deals through Barclays. We have contacted them & they told us that our account is not showing live as we haven't signed a satisfaction document. They are now looking into it for us.
I think the finance house may be quite keen to get this resolved because, IF there is no separate contract (i.e. the worktop supply and fit was sub-contracted by the kitchen company) and the latter can't/won't resolve the problem, there is a risk that you might reject the entire installation and cancel the finance deal as well. The Durkin Supreme Court decision would then be relevant.I could be well off base about that though and you will need to check thoroughly into the actual contractual position and obtain qualified advice about where you stand.
Billie92 said:
We are thinking of going to the furniture ombudsman with this too.
That is another string to your bow. Of course the trader has to be a member for the Ombudsman to be able to take any effective enforcement action. Also, you have to have reached deadlock after exhausting the supplier's complaints process or 3 months have passed since the date you first complained.Thank you for the information. Have started to compile everything for the ombudsman & it is going to take a while to sort. So many issues with the kitchen that too long to resolve & many, many emails backwards & forwards to various people that work at the company. Then the trouble with the worktop. Our first complaint was made to the company on 17th March with the latest complaint ending by being told that all resolutions offered by them have been removed. They are on the company list for the ombudsman so hopefully they can sort this.
I'd be inclined to write to Barclays and explain that there is some dispute over part of the job and confirm that you have not signed any documents saying that you are satisfied. Tell them that you will confirm separately in writing when you are satisfied and ask that to avoid them being involved with any potential litigation they do not activate the credit until they have received this separate confirmation. Send it registered and copy in the kitchen company.
Then visit the kitchen company and suggest that they have 14 days to come up with a solution or you will be getting an outside contractor in to rectify the faults and deduct it from the money that you owe. Life is much easier when they still want money out of you than it is when you want money out of them.
Then visit the kitchen company and suggest that they have 14 days to come up with a solution or you will be getting an outside contractor in to rectify the faults and deduct it from the money that you owe. Life is much easier when they still want money out of you than it is when you want money out of them.
There is a furniture ombudsman?!
The last kitchen fitter I used claimed to be part P, his skills included leaving terminal blocks hanging in mid-air.
The last plumber I used reversed hot and cold from a couple of sinks, left leaking pipe joints, failed to turn up when arranged.
I could go on.
OP, as per others, you need to get the contractual responsibilities clear.
The last kitchen fitter I used claimed to be part P, his skills included leaving terminal blocks hanging in mid-air.
The last plumber I used reversed hot and cold from a couple of sinks, left leaking pipe joints, failed to turn up when arranged.
I could go on.
OP, as per others, you need to get the contractual responsibilities clear.
Steve H said:
I'd be inclined to write to Barclays and explain that there is some dispute over part of the job and confirm that you have not signed any documents saying that you are satisfied.
We will have to tell Barclays that, never know what a company could do with an electronic copy of your signature.Before the conference call we were going to send a 'time of essence' letter. My boyfriend found out about them online & we were going to give them 14 days to give us a refund for the worktop & remove it.
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