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Hi, I'm a new member and have found LegalBeagles via an internet search and am very keen to share my issue and see what opinions and advice is available through the forum.
Story so far....
in December 2013 I purchased via a retailer a engineered wood floor which was supplied and fitted by the same small flooring installation business. I paid the 50% on my credit card and upon installation the remainder by electronic bank transfer. 12 days after installation we noticed a wooden plank had splintered which we reported to the retailer with photographs. The retailer said they would return after the christmas break to repair. Over the Christmas period the damage became worse and eventually split down the length of the plank. Several other planks began to splinter in various parts of the room and hallway. Worse still, on 2 occasions planks splintered leaving thick inch long splinters pointing upright. This was happening of its own accord and on one occasion damage occurred whilst we were not even in the house.
The retailer visited and agreed this was bad and even worse than the photos we had been sending each time we noticed more deterioration. The retailer said he had intended to repair but having seen it wanted to go back to the manufacturer as clearly a product fault. We were keen for this to happen quickly given 2 young children in the house having to wear shoes all the time due to the danger this represents. We are constantly inspecting the floor for safety.
The manufacturer immediately denied responsibility saying the damage must have been caused locally (by us or perhaps installer)
This became a blame game with retailer blaming manufacturer and them blaming installer or us. Eventually the sales rep from the manufacturer visited with the retailer (which turned out to be as a favour so not to lose the retailers custom). The rep said that this was clearly a manufacturing or storage fault whereby the product has not bonded correctly and would recommend a full replacement. Both retailer and manufacturer had said that the floor was immaculately well cared for apart from the deterioration.
We were later told by the retailer that this rep was reprimanded for visiting our house and expressing opinion and manufacturer would not accept his findings.
The blame game continued and eventually the retailer and manufacturer agreed between them to pay for an 'independent' wood expert to examine the floor, understand why it was breaking up and decide who will pay to put right. In March 2014 this visit happened and this is where events become more unpleasant. The report said that neither manufacturer or installer was at fault and likely cause was us for using a vacuum cleaner with 'beater bar'. The fact that we don't have a beater bar or the surveyor never asked to see method of cleaning didn't seem to matter and I believe this visit was nothing more that an attempt for them both to get out of responsibility. To date this surveyor has not responded to my communication as to why the report was based on false comments and findings. Had a beater bar been used and aggressive enough to rip shards of wood out of planks then presumably it would have scratched surfaces which as pointed out by everyone, the flooring has no surface damage of the type. The floor has carefully been cleaned in accordance with wooden floor recommendation.
On the basis of the report the retailer said that they would attempt repair 'in good faith' which we reluctantly agreed to allow (all the time the floor breaking up and the retailer having previously said repair is not the correct action).
The retailer sent a contractor to attempt repair who upon viewing the floor declined to do so given the condition of the planks. His observation was that there was clearly a product fault and he wasn't prepared to attempt repair and left site to report findings to the retailer. He also said the vacuum cleaner comment was "laughable" (and did inspect the vacuum cleaner itself).
At this point 4 months in almost, patience with the retailer ran out - the matter was reported to Trading Standards and I wrote to the retailer requesting full refund. The retailer replied and said that they also had consulted with Trading Standards and as the report from the 'independent specialist' found no fault they do not have to do anything but are prepared to repair as a goodwill gesture.
I have replied saying that I repudiate the findings of the report as false and that a full refund is requested whereby the floor, beading and insulation will be returned to them. Their own contractor had already refused to attempt repair and no doubt they want to send a 'bodge it merchant' to use some wood filler. To date no reply but I feel I am getting nowhere with the retailer who has washed his hands of this now that I have refused yet another visit from one of his people.
So the reason for posting under this forum (and sorry if my post should be placed elsewhere) I have written to my credit card company (Tesco MasterCard) claiming a full refund from them under section 75. I have made it clear to them that this is not chargeback but sect 75 for the full amount. Over the telephone they said that they would investigate a refund via chargeback of the first 50% and the rest via 75 but "this could take years". I have sent Tesco copies of all communications, photographs and also the report including my repudiation of this.
The amount paid and being claimed from them is £1440.00 so I am comfortable that this falls within scope.
My concerns are really :
- if Tesco do chargeback and reverse the first part of the monies will I get into a legal situation with the retailer (I want Tesco to deal with this matter at creditor, not me)
- having no experience of this type am I going about this the right way?
- I have given Tesco 10 days to respond to my letter but I am now expecting them to use the report I sent them as a reason to back out of this. The product is clearly faulty and I wanted to be entirely honest in getting the matter resolved.
The floor requires total replacement and I need to obtain refund in order to do this.
Sorry for for such a long post - what should my next steps be?
thank you so much in anticipation
Story so far....
in December 2013 I purchased via a retailer a engineered wood floor which was supplied and fitted by the same small flooring installation business. I paid the 50% on my credit card and upon installation the remainder by electronic bank transfer. 12 days after installation we noticed a wooden plank had splintered which we reported to the retailer with photographs. The retailer said they would return after the christmas break to repair. Over the Christmas period the damage became worse and eventually split down the length of the plank. Several other planks began to splinter in various parts of the room and hallway. Worse still, on 2 occasions planks splintered leaving thick inch long splinters pointing upright. This was happening of its own accord and on one occasion damage occurred whilst we were not even in the house.
The retailer visited and agreed this was bad and even worse than the photos we had been sending each time we noticed more deterioration. The retailer said he had intended to repair but having seen it wanted to go back to the manufacturer as clearly a product fault. We were keen for this to happen quickly given 2 young children in the house having to wear shoes all the time due to the danger this represents. We are constantly inspecting the floor for safety.
The manufacturer immediately denied responsibility saying the damage must have been caused locally (by us or perhaps installer)
This became a blame game with retailer blaming manufacturer and them blaming installer or us. Eventually the sales rep from the manufacturer visited with the retailer (which turned out to be as a favour so not to lose the retailers custom). The rep said that this was clearly a manufacturing or storage fault whereby the product has not bonded correctly and would recommend a full replacement. Both retailer and manufacturer had said that the floor was immaculately well cared for apart from the deterioration.
We were later told by the retailer that this rep was reprimanded for visiting our house and expressing opinion and manufacturer would not accept his findings.
The blame game continued and eventually the retailer and manufacturer agreed between them to pay for an 'independent' wood expert to examine the floor, understand why it was breaking up and decide who will pay to put right. In March 2014 this visit happened and this is where events become more unpleasant. The report said that neither manufacturer or installer was at fault and likely cause was us for using a vacuum cleaner with 'beater bar'. The fact that we don't have a beater bar or the surveyor never asked to see method of cleaning didn't seem to matter and I believe this visit was nothing more that an attempt for them both to get out of responsibility. To date this surveyor has not responded to my communication as to why the report was based on false comments and findings. Had a beater bar been used and aggressive enough to rip shards of wood out of planks then presumably it would have scratched surfaces which as pointed out by everyone, the flooring has no surface damage of the type. The floor has carefully been cleaned in accordance with wooden floor recommendation.
On the basis of the report the retailer said that they would attempt repair 'in good faith' which we reluctantly agreed to allow (all the time the floor breaking up and the retailer having previously said repair is not the correct action).
The retailer sent a contractor to attempt repair who upon viewing the floor declined to do so given the condition of the planks. His observation was that there was clearly a product fault and he wasn't prepared to attempt repair and left site to report findings to the retailer. He also said the vacuum cleaner comment was "laughable" (and did inspect the vacuum cleaner itself).
At this point 4 months in almost, patience with the retailer ran out - the matter was reported to Trading Standards and I wrote to the retailer requesting full refund. The retailer replied and said that they also had consulted with Trading Standards and as the report from the 'independent specialist' found no fault they do not have to do anything but are prepared to repair as a goodwill gesture.
I have replied saying that I repudiate the findings of the report as false and that a full refund is requested whereby the floor, beading and insulation will be returned to them. Their own contractor had already refused to attempt repair and no doubt they want to send a 'bodge it merchant' to use some wood filler. To date no reply but I feel I am getting nowhere with the retailer who has washed his hands of this now that I have refused yet another visit from one of his people.
So the reason for posting under this forum (and sorry if my post should be placed elsewhere) I have written to my credit card company (Tesco MasterCard) claiming a full refund from them under section 75. I have made it clear to them that this is not chargeback but sect 75 for the full amount. Over the telephone they said that they would investigate a refund via chargeback of the first 50% and the rest via 75 but "this could take years". I have sent Tesco copies of all communications, photographs and also the report including my repudiation of this.
The amount paid and being claimed from them is £1440.00 so I am comfortable that this falls within scope.
My concerns are really :
- if Tesco do chargeback and reverse the first part of the monies will I get into a legal situation with the retailer (I want Tesco to deal with this matter at creditor, not me)
- having no experience of this type am I going about this the right way?
- I have given Tesco 10 days to respond to my letter but I am now expecting them to use the report I sent them as a reason to back out of this. The product is clearly faulty and I wanted to be entirely honest in getting the matter resolved.
The floor requires total replacement and I need to obtain refund in order to do this.
Sorry for for such a long post - what should my next steps be?
thank you so much in anticipation
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