Is this fraud, or has the law been broken? And what can I do next?

[connie_cat]

Hi,

I think that two UK companies (one big, one small) attempted to commit fraud against me. And this attempt was planned. I don't know what my options are now, and don't know what I should do next.

I am not a lawyer, but the words that come to mind, when I think about what happened include:

• fraud
• falsifying documents
• misleading
• collusion
• lying / making false statements
• doctoring documents

I am hoping someone can give me some advice on what my options are.

I'll start ....

We paid a local retailer to install a floor in our new extension. They installed the floor and initially it looked great and we paid the outstanding balance in full. But when we moved into the house a few weeks later we realised there was a problem with it. We raised the problem with the retailer but got no where. They refused to accept any fault with their installation.

I should say that we used this retailer because, according to the manufacturer of the flooring product we installed, that they can offer the highest quality service and they have an expert understanding the product. (Their words not mine.)

We then got in touch with the manufacturer of the flooring product to try to find out about the installation process. This is an international company and a major UK flooring manufacturer. When they heard that we had had a problem with our floor that had been installed by one of their top rated retailers (promoted on their website), they sounded very concerned and told us that they could come out and do a site survey for us. We were surprised and pleased with this and accepted their offer in good faith. Their technician came to the house (eventually) and did his survey. He took many photographs, measurements and notes about our floor.

But then the manufacturer refused to give us a copy of the report. They told us that they could not give it to us! Said something about "the relationship" being between the consumer and the retailer, and so the manufacturer said they could not give it to us. They said to ask the retailer. The retailer refused to send us the report, and instead sent a "summary" (the contents of which we didn't believe and eventually turned out to be misleading). We went back to the manufacturer and asked again and again for the report. They continued to refuse to send it.

After a while they talked about regional managers getting involved, and they were trying to "find a way forward".

After a few months of frustrated calls, the manufacturer finally said that we would receive the report in a few days, from the retailer. They coordinated with the retailer and checked with us that we had received the report. The retailer sent us the report, but there was not much substance to it.

But then we realised it had been altered!! We were furious and called the manufacturer demanding the original report. The manufacturer denied it was anything but the original. We posted messages on social media about how they were liers and named a senior manager. We then received an email from them which then contained contradicting statements. Firstly that the report had not been altered. And then going on to say that they had only added one sentence. So now we have proof that they lied and altered the report given to us!

And then a few hours later the manufacturer sends us the original, unaltered report! The email contained no apology, but did contain veiled threats of legal action because of our social media posts. This is after months of telling us they could not send it. And most importantly the original report finds fault with the retailer!

And guess what? It turned out that they had done more than add one sentence! The doctored report had a few sentences removed - the most important one which found fault with the installation by the retailer.

I am not a legal professional, but it seems to me that an attempt to fraud has taken place.

1. Multiple employees of the manufacturer working together, colluding with the retailer, altered material with the intention of making gain. (The manufacturer has a vested interest in helping one of their top retailers and knew there was a dispute.)
2. The retailer's initial summary of the report was misleading, again made with the intention of making gain.
3. The manufacturer making false and misleading statements about not altering the report.

What steps can I take from here? I have reported both the manufacturer and the retailer to Trading Standards but not heard back. Should I report this to the police as fraud is a criminal offence. Or is this just attempted fraud, because we caught them out?

And how about civil claims against both of them? What kind of lawyer could help us? At the very least we want our floor fixed.

But how how can companies be allowed to treat consumers like this! How can this be legal?

Any suggestions would be very much appreciated.

If you have made it this far, then thank you so much for listening :-)

[ostell]

So you go back to the retailer and request that they make good the defects. If no response then escalate this to a court claim requesting that they make good or seek the cost of replacement by another company.

[connie_cat]

Thank you for your reply Ostell. I should have been more clear in my posting about something. I think I understand the process of making a claim against the retailer to make good the defects. This is relatively standard (although a first for me).

But what do I do about this large international manufacturer which got involved and doctored documents? Did they attempt to commit fraud against me? How can they get away with doing this?

[ostell]

The international manufacturer are not obliged to deal with you or even give details of the dealings with their customer the retailer. Ignore them, you have that letter admitting all so go for the retailer. You have no claim against the manufacturer.

[Peridot]

You need to consider what you want to achieve from this. If it were me I'd want my flooring sorted out.
Ostell is right regarding the manufacturer, unless the product itself is someway defective you do not have a civil claim against them. It sounds like it was the laying of the flooring that was the issue not the flooring itself. If you can get the flooring laid correctly isn't that a sensible result?
The doctoring documents is not something I expect the police would be interested in and the documents have not been presented to the Court in the course of proceedings so, for your own sanity getting the flooring sorted correctly is probably the least stressful option.
I'm sure the floor laying company are not going to be recommended by you or the manufacturers, so it's their reputation that suffers.