Homebase faulty tap (already installed)

[jfhall82]

I'm after some advice on a tap that I purchased (as part of a new kitchen) from Homebase. I do not believe the [incredibly expensive] tap is fit for purpose or of satisfactory quality. Unfortunately I fear it may be too late to reject the goods.

 

The other issue is that the tap is installed in my sink which is sealed into the worktop. It could be removed but it would be tedious and hard work - something I don't think I should be doing. It's also not something I can be without for ANY period of time.

 

I arranged independent installation of the kitchen but the fault is certainly not due to installation. I would begrudge and don't see why I should have to pay to have it removed and a new one fitted.

 

I am tempted to fix the tap myself, but I'm worried about making it worse and thus limiting any future claims. I could also put up with it, but I would need a significant reduction in price (80% minimum, how much would you pay for a wonky tap!?).

 

I certainly do not believe it's living up to it's price point...

 

I would be grateful for some feedback on the letter which I intend to send:

 

Dear Sirs

On the 05/08/13 I purchased a Schock Black Onyx mixer tap at a cost of £309. I took delivery of this and other items on the 06/09/13. I believe this to be a premium product and consider the price to be reflective of this.

I am disappointed to inform you that through only minimal usage the tap handle has become very lose and frequently disconnects from the tap base. It is my belief that this failing renders the tap:

A) Not fit for purpose

B) Not of a durable nature

C) Not of a satisfactory quality

This is a breach of my statutory rights (Sale of Goods Act 1979, (as amended) section 14, subsection 2, 2A and 2B points A, C, and E.

Unfortunately the tap remains installed in my kitchen as a professional trades person is required uninstall it. I invite you to inspect, replace, repair or refund the tap within a reasonable period of time and without any great inconvenience to myself.

I require that any costs (such as professional trades people or loss of earnings) associated with the remedy are borne by you, the seller.

I propose that the most efficient and acceptable remedy is a full refund.

Please provide a written response to the issues above within 10 working days of the date of this letter.

Yours sincerely

[jfhall82]

Anyone? I'd most like some feedback on consequential losses arising from having to remove and refit the tap. I'm guessing Homebase are unlikely to want to pay for this...

and I also can't accept any remedy that leaves me without a tap for any period of time.

[ericsbrother]

no claim for consequential loss as these are the result of action of a third party to which they have no control over. In other words they didnt fit the tap and you would have to pay someone to do it anyway so nothing to do with them. Their liability is basically the cost of the tap and any damge done to you by the tap being faulty. So, if the tap explded and flooded your kitchen you would have a claim.

Best you can hope for is a replacemnt tap posted to you for fitting yourself or maybe getting them to come round and fit a new one but they will not entertain paying you for someone else's work.

[jfhall82]

Points noted. Thanks.

 

As it stands Homebase have failed to respond to my letter. I have drafted a Notice Before Action letter (below) and will post this on Tuesday having afforded them an additional days grace.

Notice Before Action

Dear Sir,

Following my letter dated 26/01/2014 to customer services regarding a faulty Schock tap to which I have received no response, I should like to make you aware of my intention to escalate matters.

Should you fail to provide a satisfactory remedy as outlined in my original letter in good time I shall initiate a small claims action pursuant to the Sale of Goods Act 1979.

It is a requirement that such remedy be completed within a reasonable period of time and without significant inconvenience to the buyer. It is therefore prudent to note that two weeks have passed since I reported the fault and you have yet to take any remedial action.

Should you fail to deliver a satisfactory remedy within 10 working days of the date of this letter I shall proceed to litigation and file a county court claim against Homebase Ltd.

Should this become necessary I shall seek recovery of the full cost of the faulty item in addition to the court fee and litigant person costs.

I am disappointed by Homebases lack of willing to resolve this matter in a timely manner. None the less, with your cooperation, I hope to avert legal action in favor of amicable arrangement.

To aid in your administration of this matter I include a copy of my original letter.

I trust a written response will be forthcoming.

 

 

To be honest I hope they don't respond. I'd be quite happy to take this through the court...

[king12345]

Ericsbrother is right.

The warranty is only limited to the tap and any damage loss as a consequence of the faulty tap, not fitting it.

To be honest changing a tap is a 10 minutes job using the right tools, especially if it's a recent fitting, so no limescale or rust.

I'm surprised that homebase didn't respond, they're usually good with refunds/replacements.

If it is something you can find in store you could unfit yours, take it to the store and have it replaced there and then.

I would send my complaint to homebase ceo at paul.loft@homebase.co.uk or home retail group ceo at terry.duddy@homeretailgroup.com

[rebel11]

Hi jfhall

 

How did you pay for the tap?

[jfhall82]

It was on in store credit... so the lender would be jointly and equally liable. However, for the moment I'm inclined to pursue Homebase.

I wanted to maintain a paper trail from the outset for this one as I've previously found Homebase to have a very biased interpretation of SOGA. The issue is I can't be without a working kitchen tap for even a short period of time. I'm not prepared to disconnect it, take it in store only to be told that they need to send it away or a replacement could be 6 weeks away which is what they normally quote for items which need to be ordered in (as indeed this tap did). I really need a replacement to be here before disconnecting the tap.

[rebel11]

Hi jfhall

 

Here's some info:-

 

http://sogahub.tradingstandards.gov.uk/

[king12345]

It was on in store credit... so the lender would be jointly and equally liable. However, for the moment I'm inclined to pursue Homebase.

I wanted to maintain a paper trail from the outset for this one as I've previously found Homebase to have a very biased interpretation of SOGA. The issue is I can't be without a working kitchen tap for even a short period of time. I'm not prepared to disconnect it, take it in store only to be told that they need to send it away or a replacement could be 6 weeks away which is what they normally quote for items which need to be ordered in (as indeed this tap did). I really need a replacement to be here before disconnecting the tap.

 

In that case you need to get the tap from them.
I would send the ceo the exact copy of the letter you sent to cs and see what happens