Vinyl Flooring in a Caravan

mr_rodge

New Member
Oct 15, 2012
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Vinyl in a Caravan

Hi all,

Bit of a rant for a first post, but more than anything a plea for help regarding a bad experience this weekend.

We have a small static caravan and have had two carpets and the vinyl flooring replaced. The carpets look great, but the vinyl leaves a lot to be desired.

Basically the fitter turned up and was rude, wanted extra money and was like a bull in a china shop. He scratched the walls, knocked pictures off the walls, threw his tools around and rocked the van until it looked like it was going to tip over. Oh and he was so rough with the gas hose on the cooker that it's split in several places, so we now need a plumber. To add insult to injury the shop that quoted on his behalf for fitting lied to us and under-quoted, so he ended up wanting more money than expected.

Issues as follows:

- Cost. I'm a Quantity Surveyor, so I know a thing or two about labour rates etc. We were charged £100 for the installation of two carpets and the vinyl in the van. Room sizes are 6.5 by 7 feet for the bedroom (apologies for not giving metres, I'm old school) and the living room even smaller. (I don't have the exact measures to hand). The point is, I did my homework and a 4m roll of carpet was more than enough to do both rooms. The vinyl was 6.5m by 2m (I remember that one, because I supplied the vinyl as I got it for free from a contact at work). The carpets were fiddly as new grippers had to be fitted and there was the fire place and fitted furniture to cut around, which I can appreciate. The vinyl is no easier, as when caravans are built they lay the floor and carpet first, then build all the furniture on top. I removed the old ones myself by cutting out and made a very neat job. The vinyl was a continuous run from kitchen to bathroom, and it’s a galley kitchen so the units had to be cut around and the floor run into the cooker and fridge spaces. Likewise with the bathroom, the toilet, WHB and shower cubicle and all pipes had to be cut around. The whole job took 3.5 hours, in which time he had two cigarette breaks at 15 minutes each. £34 per hour seems excessive to me, he was only travelling for 5 minutes maximum.

- The carpets. They look great, except for the fact that he cut the living room one too big, so the bedroom one was 3 inches too short. He blamed me for under-measuring the bedroom when I had the quote done. Later on he asked me for confirmation of where the living room carpet stopped, as he thought it was bigger than what it was. He later cut the extra off the living room one and fitted a strip down the shortfall in the bedroom. It looks OK as it’s invisible due to the bed. He also got spray glue on the wardrobes as he had to stick the strip down. Not overly concerned with this. None of this would have happened if he’d looked at the line I’d drawn on the floor boards or asked me before making the cuts. Being a QS, I’ve probably measured more houses for carpet fitting than he’s done in his life time. I wasn’t wrong.


- The vinyl. This is the real nitty-gritty. It was when he saw the vinyl that he refused to do it without money. Granted it was a bit of a job, but he claimed he was experienced with caravans so surely he would know what to expect! The shop quoted £60 for the whole job on his behalf, though he showed us the paperwork that shop gave him and it said ‘To discuss fit only price of vinyl’. LIES! Again, rudely, he implied that he would leave unless we paid an extra £40 (Taking it to £100, and that seeing as the shop had lied he was doing us a favour as he would normally charge at least £130). We paid him the £100 afterwards. The vinyl is Rhino Floor Elite, Limed Oak Natural. It was a very cold morning and the caravan was difficult to heat, but I still think we had about 18c inside. The 2m roll was only for the widest points, the majority was approximately 1m wide due to the small bathroom and kitchen units, hence there was a lot of wastage. What would you do in this situation? In my experience with the building trade, installers would take it outside, unroll it, measure the area to be floored and cut a large, rough template before rolling it up and bringing it back in. Not in this case. He unrolled it inside, jumping on it, scratching walls with the sharp edges, knocking pictures off and basically screwing it up to the point where it looked awful. We were in a state of panic and he basically told us to stop whining as when it warms up properly it’ll settle and the creases will disappear. He broke our £80 toilet seat and broke the plastic surround around the soil pipe. This is irreplaceable without taking the toilet out. Most of his cuts were very neat, and to make it look better he ran a bead of silicone round the outside. Only thing is, there are waves and bubbles that go up and down when you walk on them. When laid in bed the floor looks like a pool of waves. In the reflection of the sun, the creases are still clearly visible and there are dents when he’s jumped on it. He said all this would go away, nearly 4 days ago. I know for a fact the dents won’t disappear, they’re too severe. It looks very nice, in the dark, and at a glance, but look closely or in reflected sunlight and it looks second-hand, not 4 days old. He did say that if the lumps didn’t come out when it was warmed to give him a call and he’d come back. Not going to happen I’m afraid, we don’t want that animal in our pride and joy again. We had the heater on full pelt every night and moved it all around the floor, to give him the benefit of the doubt. Nothing improved. We then Googled what he’d said about heat and ‘settling’ and found nothing. Imagine putting a pen on it, then stamping on it hard enough to make an impression. That’s what the dents look like. I can imagine the vinyl being less pliable in the cold, but he still shouldn’t have kicked, scraped, screwed up and jumped on it like he did, I’m sure. Don’t they use heat guns in the cold? He also used spray glue in a few places. Will this prevent us replacing it?

Apologies for the long post. To summarise, I’m looking for a couple of answers:


1. Will heat make it ‘settle’ and will the bubbles and creases go away, like he says? Are we being too fussy? It does look well when we’re not ‘looking for it’ if you like. All I know is it may look more up to date than the old one but the condition isn’t nearly as good. The original was 5 years old. The bubbles are large enough to have already broken the bead of silicone holding the edges down in 3 places. My Mrs is devastated. I have to re-iterate, at a glance and in the dark it looks OK. When you’re laid on the sofa or the bed it gives the game away as the ripples are clearly visible, and reflected sunlight makes the dents stand out by a mile.

2. We haven’t paid the shop for the materials yet. The bill has been posted and is £120, as quoted. Should we be taking this further? In my mind the shop quoted for and passed us on to the fitter, so his shoddy workmanship is their fault. I think we should be forwarding the plumber’s bill and the cost of a replacement floor including it’s fitting cost, or at least giving them the opportunity to supply and arrange the install of a replacement, by an alternative fitter.


3. We’re a little scared of the above. The fitter was originally from our area, so knows where we live and is regularly in the area. He also lives within 5 minutes of our caravan, which closes for winter in a couple of weeks. If we tackle the shop, they’ll tackle him and he may tackle our van. What do we do? I was tempted to ask him for our money back or threaten with legal action, but we don’t want anything to do with him again. This is all a very stressful experience!

Thanks for your patience.
 

ALewis

Moderator
Nov 23, 2010
691
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South Wales
Hello,
Doesn't sound too clever really does he?

So ill start with the carpet shortfall/adding a bit,
You have the legal right to reject the carpet/fitting of it, and have it replaced properly as one piece. The shop will be hard work with it and try to fob you off, but it is your right to do so as its not up to scratch,
If you feel that you don't want to tackle the issue of a refit, you can ask to be compensate - give the option of compensation vs refit , they'll compensate for sure, perhaps £10? I don't know.

Now the vinyl - once vinyl is fitted, it requires approx 3 to 4 hours of not being stood on to settle in place, and of course the silicone he has so kindly laid should be left at minimum 30 minutes to dry nicely.
This however is where problems come in, once the vinyl has settled (after being rolled up), it tends to 'grow' as it flattens out, and so bubbles will form where the excess material has nowhere to go. The only way to get this problem sorted is to get it trimmed, literally a cm or so. That's why he's offered to come back - every vinyl fitter will offer to return to trim the excess. And as imagined, the silicone will need putting down again.

Glue spray - shouldn't really be number one tool to laying carpet, though some do use it - especially for industrial carpet, but anyway, it's like a big can of hairspray and is probe to making a mess, you should be able to scrape it off with something soft, a fingernail is generally best, but it gets stuck down your nail :) you should've been warned about it though. If the glue won't come off, you can claim some more compensation for the glue , but unless the wardrobes need replacing, I doubt it'd be worth it.

The price changing - if you have agreed on a price at the shop, then the price is final. That is your contract formed.
If in doubt, you can question it with the shop, see what they say. If they choose with the fitter and are in breach of contract, notify the shop that you are prepared to recover the costs at the small claims court - only if you are prepared that is. Generally the legal threat is enough. However DO pay the bill, even if you disagree.

It's better in the eyes of the law to pay the bill, then recover it, rather than not pay the bill and be chased for it.

Hope this helps, if I've missed anything out, do ask!

Adam
 

ALewis

Moderator
Nov 23, 2010
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Forgot to mention

- The broken bits and bobs , tell the shop, let them come round to inspect, and claim the costs for the replacement of the items (if broken - like the toilet seat) , they must pay for the items under the Law of Negligence. Get the broken stuff replaced and use the receipts as proof of the costs involved.
Do bear in mind however that the law does not allow you to splurge at this point and you must be reasonable - i.e if your toilet seat was an ordinary plastic one, you cannot now go and get a toilet seat made from gold (bit extreme, but you get the picture) and if any labourers are required to replace, these must also be at a 'reasonable' cost - (You can't get the queen to pop round)

Hope this helps too
 

mr_rodge

New Member
Oct 15, 2012
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Adam, thanks for the quick reply! Much appreciated.

The fitter wasn't employed by the carpet shop he was paid separately by me, but the shop's invoice had the £60 fitting charge on it. The trouble is, as I supplied the vinyl myself, the invoice has no mention of fix only to vinyl, only the supply and fit for the carpets. This isn't what was agreed in the shop, obviously. By paying it aren't I agreeing that there was no mention of the vinyl, then he's within his rights to take the extra £40?

As for the bubbles, I'm not all that worried about those as I realise it's fixable, but it's the extent of the creases and dents caused by him folding and screwing up and jumping on the floor that's bothering me, as I don't believe they'll come out.

The toilet seat is now fixed, cost turned out to be negligible, just needed some elbow grease and a bit of nylon. We do have marks on our walls, however, which I believe are beyond repair. I'm being picky here as you can only see them when lying in bed, but they weren't there before he threw his stanley knife and tape from one end of the room to the other and when the other half is in bed she says she can't stop looking at them, which obviously upsets her.

The Mrs contacted the shop this morning. They sent out two other fitters within the hour. They were most apologetic, and agreed that if work was done to that standard in their houses, they wouldn't be happy. They actually defended the other guy, saying it was most unlike him. The shop also said that they also understood the price to include for the vinyl as even though it doesn't say so on the invoice their internal notes say it does. They denied ever writing 'Vinyl fix cost to be discussed' on the fitter's paperwork, so someone's lying, I don't know who.

The shop said they'd be in touch, but to give it until Saturday with the caravan thoroughly warmed to see if there's any improvement. The long, indented impressions are just as bad as they were before and look like they did in the old one (after cooking utencils and heavy objects had been dropped over the years, there were no piercings but indentations), which never recovered in the 5 years that it was down. Funnily enough the shop owners go on holiday for a fortnight on Thursday and the caravan closes down for the winter not long after.

As for the cooker hose, I think it was probably my responsibility to remove the cooker as I agreed to take up the old floor. I put it back temporarily as, being a caravan, there was nowhere else for it. I asked him to let me know when he was ready to lay the vinyl so I could move it again. He volunteered to help move it and then the hose split and the oven chipped the front of the kitchen units as he was way too rough. Plumber fixed the hose today, £25. What would you do about that?
 

ALewis

Moderator
Nov 23, 2010
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Well if the shop has no involvement with regards to the vinyl, and you paid the fitter the £60 to fit your own vinyl, the contract for the fit is with the fitter (could I say fit anymore?) therefore paying the invoice with the shop would have nothing to do with fitter, and so you should obtain a receipt from the fitter to be used as your proof if a court visit is necessary.
Denting and such - to be reasonable, agree with the fitter to leave it two weeks or an appropriate time for the debts to 'work their way out' and beyond this time it would be down to the fitter to take it up and replace it at his own cost.
He'll most likely refuse the replacement idea, and so instead you can pay for someone else to replace it. And claim this cost back off the original fitter (just like the toilet scenario with the shop - it must be a 'reasonable' cost.

With regards to the damaged walls, I believe it would be unreasonable to expect wall replacements, being a caravan after all, and so you can seek compensation, how much though, who knows, that would be for you two to work out.

The split pipe - providing that you can get expert opinion on the split saying that it'll have been done with brute force, or unless he admits fault, there is likely nothing you can do. An expert report would could in the region of £20-40 , and even so, the fitter will deny it was him. The only thing you could do is pester and pester and he may pay up to get rid of you.
But it's up to you with that one.

The carpet is the shops responsibility, the vinyl is the fitters responsibility . - furthermore, what you've agreed in the shop constitutes your contract. If your invoice doesn't correspond to your agreement, get them to give you a true invoice.

If you need any more info, I'm happy to help.

Adam
 

mr_rodge

New Member
Oct 15, 2012
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To complicate things further, I've seen the invoice we were sent myself now (Before I was getting someone at home to read it out) and it does refer to the vinyl that I provided, so does correspond to the agreement in the shop.

It lists the items and the rooms they're in, and says 'fit only' for the kitchen and bathroom vinyl. It has a total fitting price at the bottom of £60, which was to include the fitting of both carpets and the vinyl.

So basically the shop quoted on his behalf and the agreement was made with the shop for fitting, so is the contract still with the fitter?

Also, we never got a receipt when we paid cash. He was off like a rocket as soon as the cash landed in his hand. How do we prove he took £100 from us? To be honest if the job was a good 'un I wouldn't be anchoring after a measly £40 but it is the fact that the Mrs is so upset and the lumps are now getting worse. It's principle. I can't stress enough how rough he was with everything. The plumber was like a fairy after him.

I'll let the cooker hose go, it's been fixed now. If it's not looking like I'm going to get anywhere with the vinyl I'll pursue the carpet, on priciple, however I know the creases in the vinyl won't come out, as I said they're that bad. The bubbles are also so servere and are in positions such that the other fitters that came to look at the job actually said they didn't know what to do with them.

The walls are permanent damage and we wouldn't be looking for replacements as it would be more upheaval and upset. Plus, a repair like that rarely looks original once it's been done, it's not worth the trouble. I agree it would probably be unreasonable, but a thug like that shouldn't get away with it.

Thanks for the help, it's much appreciated. As you can probably tell now we're getting very frustrated and it feels like he's going to get off scott free and continue trading in such a disgusting manner.
 

ALewis

Moderator
Nov 23, 2010
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Right we need to simplify this to work it out.

What is on your invoice. (Including mention of vinyl)?
What was the agreement?

What did the fitter say?
What was the agreement with fitter?


I'm seeing this as (correct me if I'm wrong):

Agreement in shop to supply and fit carpets, and fit your vinyl - at a total cost of £60

Fitter came, decided he wanted more money, and so you paid it. This extra £40 lands in the pocket of the fitter, though he should pass on to shop (which is none of your business regardless).

If all the above is correct, the responsibility lies with the shop, as you have made your contract with them. Regardless what they say, anybody who is further contracted out by the shop to provide you with the 'consideration' of the contract (the supply and fits), is the shops responsibility .

The shop is liable for the fitters actions and so the shop is liable to provide you the £40 refund, and then it is up to them to chase after the fitter - but this is of no concern to you, and if they struggle to find the fitter, tough. It's their matter to deal with. They cannot simply say "we can't get the £40 back off him, so we can't give it to you yet", it's not your problem.

Your point of contact is with the shop, so you need to tell the shop to come and sort out the carpet, get a new one laid, at THEIR cost.
The bubbles can be rid, someone just needs to break the silicone deal, lift the vinyl a bit, and then smooth out the vinyl with what can only be described as a long heavy stick, pushing the air out of the break, and then re-sealing.
HOWEVER, the bubbles aren't the only problem, the denting etc probably won't come out, but give the shop an opportunity to offer a remedy to the situation, and if their remedy doesn't work, it is THEIR responsibility to rip it up, and start again with a new one at THEIR own cost.

The walls etc - although yes it is really naff, in the eyes of the law, if damage is done, it should be put right, however replacing entire walls would be unreasonable.
Think of it in another perspective - someone uses permanent graffiti spray on a banks wall, the bank cannot then expect a court to order the guilty person to pay for a new wall to be built. (Though of course we're talking criminal here, not civil - but same concept)

And don't forget, if you need to, or want to, you can visit a local Citizens Advice Bureaux, which is free, and they'll give you the legalities etc and help you write letters / build a court case / assist you in court, and it's all free of charge.
You can send a letter of complaint to your local TS department,

Or alternatively, you can speak to me, I'm no law expert, but I'm a final year graduate studying Trading Standards :)

Let me know if this helps,
 

mr_rodge

New Member
Oct 15, 2012
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Almost correct...

The whole £100 lands in the pocket of the fitter. He's a separate entity, however the shop quoted on his behalf, selected him, gave him the carpet and arranged for him to fit. The invoice is correct with the agreement made, and it instructs me to pay the fitter directly as it's a different company, not the shop.

The invoice has a list of items on it, the first two being for the carpet (complete with measurements) in the bedroom and lounge. Then there's the gripper and edge trim (Of which he actually re-used some of ours, so we're being over charged for that too, but then I'm being picky again). Then below that there's two items for 'Fit only'. One for the kitchen, one for the bathroom.

At the bottom the amount due states the cost for the materials, due to the shop. Then there's another amount due for fitting (£60), which it states should be paid directly to the fitter. This is bang on with the original agreement made in the shop.

The fitter turned up, laid the carpets and became somewhat aggravated, said the shop had 'landed him in it' and demanded the extra £40 for the vinyl, which we paid. I made it clear to him at the time that we would take it up with the shop, as it wasn't agreed. Again, being a QS I beg to differ on the 'landed him in it' thing, £34 an hour is extortionate for a carpet fitter, no matter how awkward the job is. Irrelevant, I know. Ranting again.

As it stands at the moment, I'm gunning for:

- Carpet cut wrong, 4m roll should have comfortably covered both rooms.
- Permanent damage to floor, rectification required, whatever means necessary
- Bubbles/ripples removing from the floor, after resonable time has been allowed for settlement
- £40 over-charge refund (I don't have proof that I paid it)
- A nail is missing from one of the carpet trims, meaning it's not flush with the floor and flexes under foot (really picky now)

I'll mention the wall damage, toilet seat incident and gas hose damage, however I'll express that I'm willing to let those go (At least I'm trying to be reasonable that way).

Is that any clearer? Reading it back I realise it's like a muddy puddle!
 

ALewis

Moderator
Nov 23, 2010
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Right ok, I've got you now.

The shop is still totally liable, as they have drawn up the invoice, they have quoted.

I assume I don't need to tell you, but the fundamentals of having a legally binding contract are:

Step 1: Offer (This will be the shop offering to supply & fit carpets, fit your vinyl and supply and fit the finishing touches, they offer to do this for a total cost of £100, providing that you pay the shop £40 upfront, and the fitter £60 on the day)
Step 2: Acceptance (You've agreed to this)
Step 3: Consideration - for both parties (consideration is the stage where they fulfil their end of the contract (fit&supplies), and you fulfil your end (payment, both upfront & on the day))

Step 1&2 is enough to form a legally binding contract as you, and the shop, both have the 'capacity' to do enter a contract (sound mental state, over 18 yrs old etc)
You have your contract with the shop.
Step 3 now needs to be completed. You've fulfilled your end (and more), but they have breached their end of the contract, by not completing to the work as per the contract.

I am aware that the fitter is a seperate entity, however in my opinion, as they have offered, you have accepted, it is THEIR contract for the full lot.

In a similar example again, when you order goods from a company, to be delivered. And the company passes the parcel over to the carriers, the package is still the responsibility of the supplier, even though its not physically in their possession. The supplier has contracted out for the carrying of the parcel, to be delivered and therefore it is their responsibility. (You don't have a contract for the supply of the goods, and then another contract with the carriers)

I know it sounds stupid, but that's how it is.

And in your case, the same principles apply. It is the shops responsibility to sort it out.
 

mr_rodge

New Member
Oct 15, 2012
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Some great advice there. I did the offer/acceptance and consideration thing in building law many moons ago, but couldn't remember much of it.

Thanks very much, and best of luck with your studies.
 

ALewis

Moderator
Nov 23, 2010
691
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South Wales
Some great advice there. I did the offer/acceptance and consideration thing in building law many moons ago, but couldn't remember much of it.

Thanks very much, and best of luck with your studies.
You're welcome, I'm not the best person for thinking in the legal sense, I find it easier to apply it to real life :)
If you need anymore help, feel free to ask, but if you need 'proper' legal advice, pop down to CAB :)

Adam