What are my options

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s67

New Member
Jul 12, 2013
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Carpet problems

Hello I had a carpet installed in January of this year (2013) and 6 months on the carpet has developed what I would say is a problem. The carpet has changed colour in patches.
I reported it to the shop where I purchased the carpet and they passed me onto the manufacturer who sent out an inspector.
The inspector wrote a report which states..... (apologies for lots to read)

Upon close inspection of the carpet, I can confirm the wearing and colour change as described by the consumer to be tracking of the carpet. Please see attached photographs. The tracking of the carpet is in the main walkway traffic areas. The carpet is a deep colour which shows the tracking more prominent, which is also highlighted further by the window on the landing. I would advised no manufacturing defects were present within this carpet and the issue raised is due to shading and localized conditions within the household. The colour of the carpet is highlighting the tracking but this is due to normal wear in the carpet. Shading occurs because the pile of the carpet has become crushed, flattened or brushed in a different direction to the natural lie of the pile. Light is then reflected at different angles, giving the appearance of light and dark patches, this is not a manufacturing defect but an issue created due to the localised conditions within the household.
I therefore return my report for your consideration and confirm no manufacturing defects were found within this carpet.

I wish I could post photos to show just how awful the carpet looks. if I had known that after 6 months it would like this no-one would buy this carpet.
The patches show up in all lights not just daylight and have been caused by walking on it not the localised conditions within the household.(whatever that means)
I could have the carpet inspected again using an independent but have been quoted £125 - the carpet cost £500 and I don,t want the throw good money after bad.


Can anyone offer any options please?
 
Tony

Tony

What Consumer Founder
Apr 7, 2008
18,307
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Bolton
I would try some independent inspectors and explain the situation over the phone and see what they say. Did you pay on Credit Card?
 
S

s67

New Member
Jul 12, 2013
10
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Hello Tony,
I have checked and I paid via visa debit which i believe is not covered by the section 75 rule.
I have contacted one independent inspector but he wanted paying £125 to inspect without first offering a view as he "is totally independant".
 
S

s67

New Member
Jul 12, 2013
10
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I think I will need to locate an independant who will give a view on the manufacturers report without me having to fork out as you suggest.

Is there not something in law regarding quality and price. The carpet may not be faulty but for £500 it should not look like this after 6 months but if I had paid £50 then maybe so.
 
A

ALewis

Moderator
Nov 23, 2010
691
4
0
South Wales
Regarding quality, there is S.14 of the Sale of Goods Act 'Satisfactory Quality'.
As for price, price is only a 'relevant circumstance' to be taken into account
 
S

s67

New Member
Jul 12, 2013
10
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section 14 looks like its right up my street.
The Act provides an objective test to determine satisfactory quality; the standard that a reasonable person would regard as satisfactory, taking into account the price, description and any other relevant factors.....

So would I be right in thinking that a carpet must have certain attributes to be of a satisfactory quality to a reasonable person?
Those being (amongst others)
1. Durability - must be able to be walked upon and not fall apart.
2. Maintain its appearance (colour, texture)
3. Maintain its shape (not shrink or expand)
etc.

Of course these attributes can only be sustained for a reasonable amount of time.

In my case a reasonable person would consider the carpet changing shade in patches so as its appearance is undesirable within 6 months of installation as unacceptable quality.
Put another way - how can a carpet be of acceptable quality if after 6 months it looks like its really old.

Would this get me anywhere in the small claims courtroom without an independent report? Which may say the same as the manufacturers report anyway as the carpet is behaving as it should except it should never have been sold due to it not being able to maintain its appearance.
 
S

s67

New Member
Jul 12, 2013
10
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has no-one an opinion................................................................................?
 
A

ALewis

Moderator
Nov 23, 2010
691
4
0
South Wales
Nobody can tell you what is or isn't possible at court. None of us are magistrates, nor will any of us be a magistrate at court.
S.14 isn't based upon opinions of others. It's all based on the 'reasonable person'. If you believe the carpet is of unsatisfactory quality as per the requirements of S.14 - tell them. Write them a letter.

But we can't say whether its reasonable or not. All we know is that you've spent £500 on a carpet + installation. At an unknown size, at an unknown perceived quality of carpet, not knowing how much of the cost is for carpet and how much is for installation or even whether that price includes underlay or even boarding, with an unknown number of persons moving over the carpet in a main pathway of a house.

You've given minimal details and ask for what a magistrate would say. We can't answer that. We can give you the relevant piece of legislation and leave you to make your mind up.

Civil law is self-enforceable.
 
S

s67

New Member
Jul 12, 2013
10
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Not the kind of response I was looking for. Maybe I miss understood the type of forum it was. Thanks for the effort though
 
A

ALewis

Moderator
Nov 23, 2010
691
4
0
South Wales
This is a consumer information forum.
At a small claims court a magistrate decides the verdict. Unfortunately none of us are magistrates, nor are we psychic.
Maybe these sites could help you:

Forum
Or
Forum

I'm sorry, but I don't know what your expectations were.
 
S

s67

New Member
Jul 12, 2013
10
0
0
.....................
It's nice to be important but it's even more important to be nice
................
 
A

ALewis

Moderator
Nov 23, 2010
691
4
0
South Wales
If you don't provide any details or expand on the information as requested, we cannot assist you any further. Nor would it be responsible to pretend we can tell what the future holds nor would it be responsible to give you a false sense of security by claiming we know what a magistrate would think despite not knowing full details.
 
S

s67

New Member
Jul 12, 2013
10
0
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I am not asking anyone to be a magistrate or even play the part of "reasonable person". Although I do not know what every forum member does for a living but sometime you do hit lucky with a carpet expert magistrate every now and again.

I was asking if people viewed a measure of quality as an ability to maintain its appearance over time.
A carpet can do as the report says but if that makes the carpet look terrible then this should also be taken into consideration.
Would that be enough to get me a result?

I was hoping to discuss strategy or perhaps someone else had had the same issue.


I did say the carpet was on a staircase but didnt say it was an average house staircase not a mansion so people can guage what £500 gets you but I didnt see that as relevant as I would have hoped the reader had gathered that the carpet was not a cheap one.
 
A

ALewis

Moderator
Nov 23, 2010
691
4
0
South Wales
Ok, well by legal definition, Satisfactory Quality takes into consideration:
It's fitness for the purpose intended - Which it passes, it's intended to be walk on, which it can be.
Appearance & Finish: This is a subjective criteria based upon the reasonable person (only you can decide). - Note, this is for the carpet itself. Not the fitting.
Freedom from minor defects: Some minor defects are acceptable if they are de minimis.
Safety: Ensures the product is safe - I'm sure the carpet is safe, free from harmful chemicals etc.
Durability: The ability to last a 'reasonable length of time' taking into consideration all relevant factors (in your case) such as: The thickness, the expected life expectancy, any manufacturer/retail claims, the typical life expectancy of a carpet, the anticipated life expectancy, the level of foot traffic, the following of care instructions, the cost of the carpet (without the charge for installation & extra products/services) and any descriptions added to the carpet - whether expressed or implied.

What to do next: If you feel that the carpet fails any part of S.14 then you must write a letter to the retailer, explaining the situation in brief, provide all details necessary and notify them that you believe that the carpet is in breach of S.14 and point out precisely the parts you believe it fails upon. You must then tell them what you want done about the carpet and provide a deadline for response (usually 10 days) with the threat of legal action should no satisfactory response be provided.
You will need to keep a copy of this letter and send it by a recorded means and keep hold of your proof of posting (incase it is needed for a SCC case).

If no response is provided, you file a case with the SCC.

However, after the point of filing the case, we cannot assist you further. We can give you the relevant pieces of legislation and let you do as you wish with the information: as I said, civil law is self-enforceable.
If you need anything clarified, feel free to reply.
 
S

s67

New Member
Jul 12, 2013
10
0
0
Ok, thank you.
I have e mailed the seller offering an opportunity for the seller to view the carpet as they just sent the manufacturers inspector.
Its the appearance part I am interested in as a carpet is a decorative item installed to make an area better. S14 covers this as you point out.

I will await the sellers response to my invite before writing to them as you suggest.

thank you
 
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