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Faulty Plumbing Part: Can I Claim A Refund?

By: Chris Nickson - Updated: 13 Dec 2019 | comments*Discuss
 
Faulty Plumbing Part: Can I Claim A Refund?

Q.

I was sold a plumbing part (from a company) fitted by my own plumber. It began to leak within 6 months, causing damage to my property (£285).

When it was removed it became apparent that at manufacture a side had been ground down so that it was so thin it had split (it was sprayed after the grinding and the replacement part is a lot thicker in that area)on being attached.

The seller informed us that we had to go to the maufacturer and despite numerous calls, emails and a letter they have refused to pay for the damage.

They have now told us that it is our responsibility to have an expert prove the fault was down to manufacturer. Is that the case or is that their responsibility as it occured within 6 months?

(Mr Darren Collett, 19 September 2008)

A.

At first glance, this would definitely appear to fall under the provisions of the Sale of Goods Act 1979, as long as you bought the part from a company. They key here is actually that six month time period. Had the fault occurred after that, then the retailer would have been within his rights to insist that you prove that the fault was due to the item and not, for instance the way it was installed or some other reason.

But the Act states that items sold should be safe, as described and fit for the purpose for which they’re being sold – and from your description, this plumbing part was not. It also allows a 'reasonable' amount of time for you to check the item and return it to the retailer if necessary for a refund, replacement or repair. Note that the Act specifies the retailer, not the manufacturer. You can also claim compensation, although in practical terms that would really just amount to refunding your purchase price in most situations. No specific time frame is given, although as after six months you have to prove the item was at fault for the retailer to have responsibility, then six months might be deemed reasonable.

If you bought the item from a private seller, things become a little different. The only provision is that the goods aren’t misrepresented to you, and it could be argued that here the item was, as it was sprayed after grinding to hide the fault. In that case, you could claim compensation.

As the seller is refusing to accept responsibility, it looks as if your option is to take him to small claims court – which is an easy and cheap process. You will hopefully have records of the purchase, and of trying to return the item within the six month period, as well as evidence from your plumber regarding both the fitting and failure of the part, and the reason it failed, as well as the costs associated with repairs to your home from the damage. On the basis of what you’ve said, with those you should be able to obtain the full amount, including that £285, from the seller, although nothing is set in stone, of course.

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We have recently had a shower door supplied and fitted by our plumber Within a year, it wouldn't shutproperly and became stiff and grinding. We had registered a guarantee with the shower door manufacturer and so contacted them. We had to,pay £65 refundable deposit for them to come out in case of non fault on their behalf. Transpires that the door is faulty and they have agreed to supply a replacement. They will not fit it. Who is responsible for paying for the refit?
Maria - 13-Dec-19 @ 4:18 PM
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Maria - 13-Dec-19 @ 4:11 PM
Ant - Your Question:
Hi, I had a shower installed by a plumber. He then said that the flow was too low and a shower pump would fix it. We bought one and he returned to install it. It worked for one night and didn't work in the morning. I couldn't contact them and emails were bouncing back so I contacted two separate plumbers and both said the installation was unsafe and unfit for use. The original plumbers charged us nearly £500 and we had to pay the separate ones about £300 to reinstall. Is there anyway I can claim the £500 back and pass on the second cost to them as well? What would be the process?Thanks

Our Response:
You would need to do this via the legal system; the small claims court would be the simplest.
ConsumerRightsExpert - 7-Sep-17 @ 11:35 AM
Hi, I had a shower installed by a plumber. He then said that the flow was too low and a shower pump would fix it. We bought one and he returned to install it. It worked for one night and didn't work in the morning. I couldn't contact them and emails were bouncing back so I contacted two separate plumbers and both said the installation was unsafe and unfit for use. The original plumbers charged us nearly £500 and we had to pay the separate ones about £300 to reinstall. Is there anyway I can claim the £500 back and pass on the second cost to them as well? What would be the process? Thanks
Ant - 5-Sep-17 @ 4:43 PM
Dazza - Your Question:
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Our Response:
The Consumer Rights Act only stipulates a duty to refund or replace. Any compensation claims should be directed at the supplier...if you're not happy with their offer, you will need to take it to the small claims court.
ConsumerRightsExpert - 16-Mar-17 @ 12:57 PM
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david - 25-Feb-16 @ 5:32 PM
Please help We bought a brand new home from bloor homes. we had leaks from both showers within a week which was fixed by the builder. after 2 weeks of buying the property my wife returned home with my ill child to a flooded house with 2 inches of water in the kitchen spreading into the living room. We were made homeless for 5 days as they were repairing it. We incurred over £2500 of damage to our personal things including irreplaceable wedding presents and my daughters favorite toys. This was the house we have struggled and worked so hard for for over 2 years and the stress and nightmare of the whole process has been unbearable. The builder is now only prepared to pay out £2500 with no compensation or additional costs which includes unpaid leave from work to sort the problem the excess water bill not to mention our electric bill as we had 3 industrial dehumidifiers on for 4 days solid to dry the house out. We had to stay with family with a ill child with chicken pox in a state of chaos. The builder has put pressure on us to settle without using insurances and solicitors and we desperately need to know if we have a case for compensation or to settle with the builder and accept the loss of money or if its worth to get a legal advisor involved.
AHJH2911 - 22-Jun-12 @ 9:54 AM
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gus - 10-Aug-11 @ 1:41 PM
@Mended - If it's a council property and they installed the heating system, they should undertake any of the repairs relating to the damage caused. You should get in touch with the Council.
ConsumerRightsExpert - 5-Aug-11 @ 11:37 AM
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Mended - 3-Aug-11 @ 1:06 AM
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