Magnet worktops

[McGinty]

Hi folks-this is an outstanding issue I had started on PCF but it has not been getting any response there. I am copying the full thread over but to put it in a nutshell we had a kitchen fitted by Magnet in may last year (2013)and the worktops they supplied and fitted were shoddy-discoloured joints where the fitters should have used meths instead of white spirit and the finish on the tops were showing a lots of sanding grooves from the use of a circular sander. The tops were fitted on a wet and windy day and the downstairs of the house (and back garden) was covered in a white dust from the sanding. They came to inspect, due to us complaining, and suggested they recut the joints with the benches in situ -making a 20mm or so cut in each and they would insert a piece so there would be 2 joints where there should only be one. They said the joints would be up to showroom standard and inconspicuous.
We refused to let them do this as it would have caused a lot more dust and inconvenience and insisted they replace the tops which they refused to do and suggested we go to arbitration with the furniture ombudsman. We declined to do this and after many emails and letters we gave them a 14 day ultimatum to replace the tops or I would have them removed and disposed of and warned them of legal proceedings to follow. Forgot to mention they made an offer of £150 for inconvenience!
I would like to know where we stand in law on this as I am now dying to get my teeth into them but want to be sure of how I stand-any help is very much appreciated. Mc

[McGinty]

Re: Magnet worktops

post 1 pcf
I wonder is anyone can help with this please. We had a kitchen fitted by Magnet. The complete order was placed with them and they contracted their own fitters to fit. It was paid for with a debit card The kitchen was fitted okay-they have to return to put right minor issues -but the worktops were a resin type compound called 'Sonara' and the fitters made a mistake and used white spirit instead of methylated spirits and as it was a white worktop it discoloured the joints turning them yellow. We had it inspected by a company called Sheridans -who supplies Magnet with this item-and who are based at Leeds and the guy who came out to do this was appalled by the workmanship but did say it could be put right by cutting sections and inserting a piece whereby there would be 2 'inconspicuous'-this is the term used- joints instead of one at each joint. There are 5 joints so we will have 10 'inconspicious' if we let them repair it. The person who inspected it said and I quote 'a repair will always be a repair'. We have sent several emails to Magnet and they are refusing to change the worktops -just offering repair. The say they have been in touch with Sheridans who supplied it and Sheridans are saying it can be repaired to 'showroom condition'-whatever that means! This is a different story from what their inspector told us.

I would like to know if we should let them repair it-under the law are we obliged to do this? I would much prefer not to let them repair this but am aware that if it went to court then it may be judged that I should have gave them that opportunity.
post 2
No, If you're not happy and it is not of merchantable quality then you have the right to reject the whole thing.

The highlighted bits

Section 14 of the Sale of Goods act 1979 ammended

14 Implied terms about quality or fitness.

(1)Except as provided by this section and section 15 below and subject to any other enactment, there is no implied [F11term] about the quality or fitness for any particular purpose of goods supplied under a contract of sale.

[F12(2)Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality.

(2A)For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.

(2B)For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods—

(a)fitness for all the purposes for which goods of the kind in question are commonly supplied,

(b)appearance and finish,

(c)freedom from minor defects,

(d)safety, and

(e)durability.

(2C)The term implied by subsection (2) above does not extend to any matter making the quality of goods unsatisfactory—

(a)which is specifically drawn to the buyer’s attention before the contract is made,

(b)where the buyer examines the goods before the contract is made, which that examination ought to reveal, or

(c)in the case of a contract for sale by sample, which would have been apparent on a reasonable examination of the sample.]

[F13(2D)If the buyer deals as consumer or, in Scotland, if a contract of sale is a consumer contract, the relevant circumstances mentioned in subsection (2A) above include any public statements on the specific characteristics of the goods made about them by the seller, the producer or his representative, particularly in advertising or on labelling.

(2E)A public statement is not by virtue of subsection (2D) above a relevant circumstance for the purposes of subsection (2A) above in the case of a contract of sale, if the seller shows that—

(a)at the time the contract was made, he was not, and could not reasonably have been, aware of the statement,

(b)before the contract was made, the statement had been withdrawn in public or, to the extent that it contained anything which was incorrect or misleading, it had been corrected in public, or

(c)the decision to buy the goods could not have been influenced by the statement.

(2F)Subsections (2D) and (2E) above do not prevent any public statement from being a relevant circumstance for the purposes of subsection (2A) above (whether or not the buyer deals as consumer or, in Scotland, whether or not the contract of sale is a consumer contract) if the statement would have been such a circumstance apart from those subsections.]

(3)Where the seller sells goods in the course of a business and the buyer, expressly or by implication, makes known—

(a)to the seller, or

(b)where the purchase price or part of it is payable by instalments and the goods were previously sold by a credit-broker to the seller, to that credit-broker,

any particular purpose for which the goods are being bought, there is an implied [F11term] that the goods supplied under the contract are reasonably fit for that purpose, whether or not that is a purpose for which such goods are commonly supplied, except where the circumstances show that the buyer does not rely, or that it is unreasonable for him to rely, on the skill or judgment of the seller or credit-broker.

(4)An implied [F11term] about quality or fitness for a particular purpose may be annexed to a contract of sale by usage.

(5)The preceding provisions of this section apply to a sale by a person who in the course of a business is acting as agent for another as they apply to a sale by a principal in the course of a business, except where that other is not selling in the course of a business and either the buyer knows that fact or reasonable steps are taken to bring it to the notice of the buyer before the contract is made.

[F14(6)As regards England and Wales and Northern Ireland, the terms implied by subsections (2) and (3) above are conditions.]

(7)Paragraph 5 of Schedule 1 below applies in relation to a contract made on or after 18 May 1973 and before the appointed day, and paragraph 6 in relation to one made before 18 May 1973.

(8)In subsection (7) above and paragraph 5 of Schedule 1 below references to the appointed day are to the day appointed for the purposes of those provisions by an order of the Secretary of State made by statutory instrument.

Can not find a template letter or specific information ? – try the -> A – Z Index

Advice & opinions of Vox (Stigs brother), are offered informally, without prejudice & without liability.
Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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23-06-2013, 03:50 PM #3
Vox

Head Adviser Platinum Member Join Date Jul 2006
Location Hangar 18,Area 51,Nevada
Posts 6,952
Rep Power3000

Not withstand the last post if they were to repair it they would need to replace the whole worktop complete.....that to me would be the least they could do, but you don't have to accept that as a remedy

The highlighted bits

Section 14 of the Sale of Goods act 1979 ammended

14 Implied terms about quality or fitness.

(1)Except as provided by this section and section 15 below and subject to any other enactment, there is no implied [F11term] about the quality or fitness for any particular purpose of goods supplied under a contract of sale.

[F12(2)Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality.

(2A)For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.

(2B)For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods—

(a)fitness for all the purposes for which goods of the kind in question are commonly supplied,

(b)appearance and finish,

(c)freedom from minor defects,

(d)safety, and

(e)durability.

(2C)The term implied by subsection (2) above does not extend to any matter making the quality of goods unsatisfactory—

(a)which is specifically drawn to the buyer’s attention before the contract is made,

(b)where the buyer examines the goods before the contract is made, which that examination ought to reveal, or

(c)in the case of a contract for sale by sample, which would have been apparent on a reasonable examination of the sample.]

[F13(2D)If the buyer deals as consumer or, in Scotland, if a contract of sale is a consumer contract, the relevant circumstances mentioned in subsection (2A) above include any public statements on the specific characteristics of the goods made about them by the seller, the producer or his representative, particularly in advertising or on labelling.

(2E)A public statement is not by virtue of subsection (2D) above a relevant circumstance for the purposes of subsection (2A) above in the case of a contract of sale, if the seller shows that—

(a)at the time the contract was made, he was not, and could not reasonably have been, aware of the statement,

(b)before the contract was made, the statement had been withdrawn in public or, to the extent that it contained anything which was incorrect or misleading, it had been corrected in public, or

(c)the decision to buy the goods could not have been influenced by the statement.

(2F)Subsections (2D) and (2E) above do not prevent any public statement from being a relevant circumstance for the purposes of subsection (2A) above (whether or not the buyer deals as consumer or, in Scotland, whether or not the contract of sale is a consumer contract) if the statement would have been such a circumstance apart from those subsections.]

(3)Where the seller sells goods in the course of a business and the buyer, expressly or by implication, makes known—

(a)to the seller, or

(b)where the purchase price or part of it is payable by instalments and the goods were previously sold by a credit-broker to the seller, to that credit-broker,

any particular purpose for which the goods are being bought, there is an implied [F11term] that the goods supplied under the contract are reasonably fit for that purpose, whether or not that is a purpose for which such goods are commonly supplied, except where the circumstances show that the buyer does not rely, or that it is unreasonable for him to rely, on the skill or judgment of the seller or credit-broker.

(4)An implied [F11term] about quality or fitness for a particular purpose may be annexed to a contract of sale by usage.

(5)The preceding provisions of this section apply to a sale by a person who in the course of a business is acting as agent for another as they apply to a sale by a principal in the course of a business, except where that other is not selling in the course of a business and either the buyer knows that fact or reasonable steps are taken to bring it to the notice of the buyer before the contract is made.

[F14(6)As regards England and Wales and Northern Ireland, the terms implied by subsections (2) and (3) above are conditions.]

(7)Paragraph 5 of Schedule 1 below applies in relation to a contract made on or after 18 May 1973 and before the appointed day, and paragraph 6 in relation to one made before 18 May 1973.

(8)In subsection (7) above and paragraph 5 of Schedule 1 below references to the appointed day are to the day appointed for the purposes of those provisions by an order of the Secretary of State made by statutory instrument.

Can not find a template letter or specific information ? – try the -> A – Z Index

Advice & opinions of Vox (Stigs brother), are offered informally, without prejudice & without liability.
Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

Reply Reply With Quote Promote to Article

23-06-2013, 03:50 PM #3
Vox

Head Adviser Platinum Member Join Date Jul 2006
Location Hangar 18,Area 51,Nevada
Posts 6,952
Rep Power3000

Not withstand the last post if they were to repair it they would need to replace the whole worktop complete.....that to me would be the least they could do, but you don't have to accept that as a remedy

[McGinty]

Re: Magnet worktops

post 4
I really appreciate your advice on this Vox. I think I should send them a letter stating that if the don't agree to replace the worktop or refund the amount paid for the worktops within 7 days then I would instigate court proceedings-what do you think? This has gone on for 5 weeks now and I am trying to bring it to a close as soon as I can
post 5

Yes send a letter like you suggest

I would ask that they replace the Whole kitchen or give a full refund, then when they want to talk, you can negotiate from there, bear in mind you can always go down but it's a struggle to go up

I'd consider a new full worktop and a bit of compensation a positive result
post 6
Hi Vox
I want to try to bring this to a quick conclusion so have drafted and email to Magnet which is attached-I would like your or anyone else's opinion please before I send it-cheers

This is my final communication via email to try to resolve this issue. Under the Sale of Goods Act-relevant section attached below, Magnet were contracted to supply and fit a complete new kitchen and work tops to a satisfactory level, that a reasonable person would accept. Magnet have failed to comply with the terms of the contract and are in breach of the Sale of Goods Act and therefore I reserve the right to ask for the WHOLE kitchen to be removed and all monies refunded and a suitable sum paid in compensation for inconvenience and distress thereby caused.
In your previous email you have clearly set out your position but I give you this last opportunity to renew the worktops or take them out and refund the cost as I will not accept a repair, and also a sum to be agreed as compensation for the inconvenience caused. I think £500 would be acceptable.
I will give you 48 hours to respond. Should you fail to reach agreement with us then I will employ another kitchen company to remove the complete kitchen and fit a new kitchen. I will then seek compensation from Magnet through the courts for breach of contract under the Sale of Goods Act . I will also contact BBC programme 'Watchdog' with a view to having this issue included in one of their programmes.
This action can be avoided at this stage if Magnet renew the worktops. Your after sales service is abysmal.


Regards






Some relevant excerpts from the sale of goods act attached;


Getting faulty goods replaced or repaired

You have the right to get faulty goods replaced or repaired if it's too late to reject them. You can ask the retailer to do either, but they can normally choose to do whatever would be cheapest.
Under the Sale of Goods Act, the retailer must either repair or replace faulty goods 'within a reasonable time but without causing significant inconvenience'.
If the seller doesn't do this, you're entitled to claim either:
• a reduction on the purchase price, or
• your money back, minus an amount for the usage you've had of the goods (called recision)
If the retailer refuses to repair the goods, and they won't replace them either, you may have the right to arrange for someone else to repair your item, and then claim compensation from the retailer for the cost of doing this.
You have six years to take a claim to court for faulty goods in England, Wales and Northern Ireland; in Scotland you have five years.


Also;

Section 14 of the Sale of Goods act 1979 ammended

14 Implied terms about quality or fitness.

(1)Except as provided by this section and section 15 below and subject to any other enactment, there is no implied [F11term] about the quality or fitness for any particular purpose of goods supplied under a contract of sale.

[F12(2)Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality.

(2A)For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.

(2B)For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods—

(a)fitness for all the purposes for which goods of the kind in question are commonly supplied,

(b)appearance and finish,

(c)freedom from minor defects,

(d)safety, and

(e)durability.

(2C)The term implied by subsection (2) above does not extend to any matter making the quality of goods unsatisfactory—

(a)which is specifically drawn to the buyer’s attention before the contract is made,

(b)where the buyer examines the goods before the contract is made, which that examination ought to reveal, or

(c)in the case of a contract for sale by sample, which would have been apparent on a reasonable examination of the sample.]

[F13(2D)If the buyer deals as consumer or, in Scotland, if a contract of sale is a consumer contract, the relevant circumstances mentioned in subsection (2A) above include any public statements on the specific characteristics of the goods made about them by the seller, the producer or his representative, particularly in advertising or on labelling.

(2E)A public statement is not by virtue of subsection (2D) above a relevant circumstance for the purposes of subsection (2A) above in the case of a contract of sale, if the seller shows that—

(a)at the time the contract was made, he was not, and could not reasonably have been, aware of the statement,

(b)before the contract was made, the statement had been withdrawn in public or, to the extent that it contained anything which was incorrect or misleading, it had been corrected in public, or

(c)the decision to buy the goods could not have been influenced by the statement.

(2F)Subsections (2D) and (2E) above do not prevent any public statement from being a relevant circumstance for the purposes of subsection (2A) above (whether or not the buyer deals as consumer or, in Scotland, whether or not the contract of sale is a consumer contract) if the statement would have been such a circumstance apart from those subsections.]

(3)Where the seller sells goods in the course of a business and the buyer, expressly or by implication, makes known—

(a)to the seller, or

(b)where the purchase price or part of it is payable by instalments and the goods were previously sold by a credit-broker to the seller, to that credit-broker,

any particular purpose for which the goods are being bought, there is an implied [F11term] that the goods supplied under the contract are reasonably fit for that purpose, whether or not that is a purpose for which such goods are commonly supplied, except where the circumstances show that the buyer does not rely, or that it is unreasonable for him to rely, on the skill or judgment of the seller or credit-broker.

(4)An implied [F11term] about quality or fitness for a particular purpose may be annexed to a contract of sale by usage.

(5)The preceding provisions of this section apply to a sale by a person who in the course of a business is acting as agent for another as they apply to a sale by a principal in the course of a business, except where that other is not selling in the course of a business and either the buyer knows that fact or reasonable steps are taken to bring it to the notice of the buyer before the contract is made.

[F14(6)As regards England and Wales and Northern Ireland, the terms implied by subsections (2) and (3) above are conditions.]

(7)Paragraph 5 of Schedule 1 below applies in relation to a contract made on or after 18 May 1973 and before the appointed day, and paragraph 6 in relation to one made before 18 May 1973.

(8)In subsection (7) above and paragraph 5 of Schedule 1 below references to the appointed day are to the day appointed for the purposes of those provisions by an order of the Secretary of State made by statutory instrument.

[McGinty]

Re: Magnet worktops

post 7
I will also contact BBC programme 'Watchdog' with a view to having this issue included in one of their programmes. I'm 50/50 on including that bit



Your after sales service is abysmal.


this bit I would leave out

If you email them, follow it up with a letter recorded delivery
post 8
thanks for that Vox- I will take your advice
post 9
Hi again-I have just had a reply from the local store where the kitchen was purchased and it reads;--
Thank you for your email.A repair of your worktops to showroom standard would mean that we have fulfilled our obligation to supply a kitchen to a satisfactory standard. Any resolution (repair or replacement of your worktops) would necessarily cause you some inconvenience and we have said that we will make a goodwill gesture in recognition of this.Our proposals offer a fair and reasonable resolution to the defects in your worktops as currently fitted, so this remains our offer.Forgive the bluntness of this email, I simply want to make Magnets position absolutely clear. I should also make clear that this is our final offer.Best Regards

post 10

I would like to get another company in to replace the worktops and bill Magnet for this so -which they are not going to pay for!-Then issue a county court summons against them. What would you advise please? The kitchen has been left unfinished for the last 6 weeks or so and I would like to bring this to a close.-Cheers Mc

[Ruby]

Re: Magnet worktops

Hi, I had a Magnet Kitchen fitted last year but used another company to do the worktops. I have been told that there is a 15 year guarantee on the kitchen. To be honest if it was not for my lovely granite worktops the kitchen itself is pretty basic which makes me think Magnet like to cut corners and costs. I would assume you have the same guarantee, therefore they have to fix the problem?

[McGinty]

Re: Magnet worktops

post 11
A repair of your worktops to showroom standard would mean that we have fulfilled our obligation to supply a kitchen to a satisfactory standard. but it's not to showroom standard , showron standard would be no cuts that are unnecessary ,and that reflects the state it's in at present ergo it's not of merchantable quality.....Correct me if I'm wrong

Our proposals offer a fair and reasonable resolution to the defects in your worktops as currently fitted, so this remains our offer


Eh, well no it doesn't, patching it up doesn't cut it (sorry about that).for the job to be finished it should be in "as new" ....well that actually wrong ....it should be "new condition"
I would like to get another company in to replace the worktops and bill Magnet for this so -which they are not going to pay for!-


.how about this get a fixed quote for the replacement and repair , and issue a claim for the amount plus costs together with a damages claim
that way you're not paying for repairs and then claiming it back......also they more than likely would do the work and probably pay compensation ,if for no other reason that that is the cheaper alternative

post12
Hi Vox
Mrs really wants to have her kitchen finished so I think we will get a written quote, send it recorded to Magnet and give them 72 hours to respond-failing which we will give this other company the go ahead and tackle Magnet in court afterwards-what do you think?-Mc

post 13I understand your position,and the only part I'd be concerned with is magnet don't respond, and you take them to court and they say "we were in the process of going to fix it but didn't get the time ".a pure crock

The way to avoid that would be wording the letter so that non-response would default to agreement of the terms and/or the contents of the letter

post 14
I was going to do the letter tonight and say they had 72 hours to respond and as you say -no response within that period (I would structure the letter stipulating this) I would take it that their position has not changed and I would IMMEDIATELY instruct the other company to replace the worktops. Upon receipt of the final bill from them then I would give Magnet 7 days to pay up or issue court proceedings without any further contact-does that sound okay? Cheers Mc
post 15
This is a copy of the email and letter I propose to send. If it is not right please let me know as I will post it tomorrow-Thanks for you help with this Vox-Mc

WITHOUT PREJUDICE
Hi

Your terminology 'showroom standard' means nothing as I have seen quite a few very poorly presented showrooms. A repair as you have stated before is NOT acceptable.Please take note that if we do not hear from yourselves, agreeing to replace the worktops, by 5pm Friday 5th July 2013 then the worktops will be removed and replaced. I have already contacted another company to do this. I will expect Magnet to meet the full cost of the replacement worktops and £500 compensation for distress and inconvenience and if Magnet refuse to pay this then I will issue COURT PROCEEDINGS to recover this amount plus COURT COSTS and COMPENSATION.Should I not hear from yourselves in this time frame then I will deem it as a refusal to replace the worktops. No further contact will be made. I will also send a copy of this email recorded delivery.
Regards

post 16

That sound OK , I would give them 4 days it doesn't really make much odds but if you have to take them to court 4 days stand you better(I'm thinking that one day either side ,and one day to decide, the extra day make you sound more than reasonable)
If you get my gist
post 17
I've messed about with it ,


WITHOUT PREJUDICE
Hi

Your terminology 'showroom standard' has no real meaning. and as such means nothing
A repair as you have stated and offered is NOT acceptable.
Please take note that if we do not hear from yourselves, agreeing to replace the worktops, by 5pm Friday 5th July 2013 then the worktops will be removed and replaced.
I have already contacted another company to do this.
Magnet will bear the full cost of the replacement worktops and £500 compensation for distress and inconvenience and if Magnet refuse to pay this then I will not other course but to issue COURT PROCEEDINGS to recover this amount and all costs .
Should I not hear from yourselves in this time frame then I will deem it as a refusal to replace the worktops. No further contact will be made.
I will be sending a hard copy of this email
Regards





I'm happy to go over why I changed/ remove some of it
post 18
I don't want to give them any more leeway as this has gone on for 6 weeks. If they don't respond,or respond negatively, I had intended to remove the worktops at the weekend as there is someone coming on Tuesday to measure up and it is a different type of worktop we are looking at. They need the old ones removed as they make chipboard templates for the proposed new ones, for a 'perfect fit'. They will have the email first thing so they will know whats on the cards so effectively that gives them 3 days. Mc
post 19
The revised letter/email looks fine also-Thanks
post 20

Had this reply from Magnet earlier today-They are not budging so I will remove the worktops at the weekend and hopefully have the replacement ones fitted 7 days later.

Good Morning
Many thanks for your email.Unfortunately we find your replacement option unnecessary, Magnet have offered to make good and recognise your inconvenience with a goodwill gesture.Should you still feel that this offer falls short of your expectations, I have detailed below the contact information of The Furniture Ombudsman. The Furniture Ombudsman is an independent organisation that operates conciliation and arbitration service for the furniture industry and its customers, and their role is to advise both you and us in a fair, unbiased way, to come to the most satisfactory conclusion for both parties.

The Furniture Ombudsman

Maxwell Road

Stevenage

Hertfordshire

SG1 2EW

Tel: 0845 6532064

Again, I apologise for any inconvenience caused and I trust the above clarifies our position on this matter.Yours sincerely,

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[McGinty]

Re: Magnet worktops

post 21
The Furniture Ombudsman? I didn't know there was one!!
However I don't see any reason to deviate from the course you're pursuing
The simple facts it's got too many cuts , it is not to your standard , or a standard that you would expect from a professional kitchen installer,so by that it is not of merchantable quality
post 22
i think that's their way of prolonging things in the hope we'll get disheartened -especially if the Ombudsman came down on their side. Anyway the worktops will be removed over the weekend and another firm are booked for Tuesday to measure up, and fit the new ones the following Monday. I will wait until they are finished then get the bill and give Magnet 7 days to agree to settle it, after which I would then issue a 7 day warning of intended court proceedings should the refuse. Is this the best way to tackle this? cheers Mc
post 23
Something along the lines of and very oversimplified, seven days to pay for the work, then the final demand with the warning of impending court action .

I agree it's pretty soul destroying the messing about (for the want of other expressions),and I does take a certain amount of "attitude" to keep at it and not give in
post 24
Thanks for your help and support Vox. They certainly have 'messed' us about. I know there is always the possibility we may not win a court case against them but the cost to them in us taking this action will carry satisfaction in itself. I will keep you informed as we go.
cheers Mc
post 25
Hi again
I have removed the worktops and they are lying in the back garden. Obviously I don't want them lying there for weeks so do you think I should ask Magnet to collect and if they don't, dispose of them as I see fit and any costs incurred would be billed to Magnet?-Cheers Mc
post 26
Probably the best thing is Letter them to uplift ,give a reasonable time frame, in the letter say something along the lines " failure to comply will result in my arranging for disposal the cost of which shall be borne by yourselves,should you decline to pay ,I with seek recompense through the courts"
post 27
Cheers Vox
post 28
Hi Vox-does this read okay-cheers mc

Hello


I am writing to confirm that the worktops have been removed and are awaiting collection by Magnet.
I wish to have these collected by Tuesday 23^rd July -10 days from now.

Failure to comply will result in my arranging for their disposal, the cost of which shall be borne by yourselves. Should you decline to pay, I will seek recompense through the courts.
I can be contacted on my mobile 077******** to arrange a suitable time for the collection of the worktops.


There are also issues with some of the badly fitted units which we discussed with you on site. We need a timeframe for the repairs to be carried out. I can be contacted on my mobile 077******** to arrange the collection of the worktops.

Rgards
post 29
That's fine, clear and accurate so no misunderstanding
post 30
Just had this reply back from the letter I wrote;

Good Morning


Thank you for your letter dated 12/07/13.

Unfortunately Magnet are not in a position where we will are able to collect your worktops we have made our offer my last email to fit the purchased worktops to the required standard and advised you to seek advice from the furniture ombudsman if this remains unacceptable to you. Therefore your actions in removing the worktops do not form part of any agreement with Magnet and we would be unable to refund the cost of the worktops or bear the cost of their collection.

Please find below again contact details for the furniture ombudsmen whom will act as an arbitrating body in instances where we can not agree on a course of action.

The Furniture Ombudsman
Maxwell Road
Stevenage
Hertfordshire
SG1 2EW

Tel: 0845 653 2064
Email: info@thefurnitureombudsman.org
Web: www.thefurnitureombudsman.org


The snagging issues with the fitting of the kitchen are a separate issue which we will of course resolve. Perhaps you would be good enough to let me know a suitable day for us to carry out this work and I will arrange to have this done as quickly as possible,

Best Regards,

D ........... n


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[McGinty]

Re: Magnet worktops

post 31
They have split it into two complaints, and they are wrong in doing so.
I can see the perceive logic to it
working back, they say the work is a "snagging issue" to a point they are right, they are shifting the blame to their contractors/installers, fair enough. but that takes their wrong idea that the contractor/installer is separate but it's not they are the ones who took the "contract"..their liability........However that is only part , if they hadn't made a pig's ear of it (the worktop)in the first place then there would be no "snagging"

I see two choices
Carry on and go to court if you have to
OR
File a claim for the whole amount, ,and they have to take the lot away,with some consequentials(costs) added
post 32
My MRS actually likes the kitchen so I would prefer to have a go at them about the crap finish on the worktops. The snagging issues referred to are down to badly fitting units which they can put right. Can you advise on the best way forward now please?
post 33
I still would go with what I posted,

Appreciated that the kitchen liked save for the issues,but If they have to take it out,and issue a refund of money paid ,their loss is the kitchen plus the profit on the kitchen and the cost of labour in removing it.......and that adds up to a serious hit and they don't want that

A letter warning of potential court proceedings if they don't pay up?


It'll do no harm

Small claim limit increase to £10,000 in April

Bear in mind you would claim for the cost of kitchen, plus costs and damages at the court's discretion
post 34
The kitchen cost just over £14000 so if we were to claim for it all it would have to be done outside county court? we saved a long time to get this and it has been soured by magnet.
post 35
That brings it back to a claim for new work tops and full refit of new ones, .........
post 36
we have had the new ones fitted-so issue the warning for court proceedings-say 14 days -then proceed with the claim if no response. I will need a bit of help along the way with the procedures etc please
post 37
Been off this for the last while for various reasons but now rearing to go against these. I have put a letter together that I am sending Magnet and I would appreciate a little guidance on this.
It reads;

WITHOUT PREJUDICE I wish to inform you that I intend to commence court proceedings for recovery of all costs involved in relation to the substandard worktops fitted by yourselves at my home .......................................on ..date..... Magnet have had ample warning of my intentions and not less than 14 days from now I will instigate court proceedings without further contact. My costs to date are ; Removal of old worktops and disposal, £450.00. Fitting of new worktops, £3532.00. Distress caused to my wife and I, £700. This making a total £4682 plus court costs post 38 WITHOUT PREJUDICE Notice is given that I intend to commence court proceedings for recovery of all costs involved in relation to the substandard worktops fitted by yourselves at my home .......................................on ..date..... Magnet (the company) have had ample warning of our intention, should the costs not be met within 14 days from today’s date. Court proceedings with commence without further notice or contact. Our costs to date are, as under; Removal of sub-standard worktops and disposal, £450.00. Fitting of new worktops, £3532.00. Distress caused to my wife and I, £700. Totalling £4682 plus all court costs Not too sure if the WITHOUT PREJUDICE should be there? Personally I wouldn't ,as you're serious about the court and with it in you shouldn't rely on that paper work in court,it's marginal but a consideration none the less post 39 Excellent-thanks for that Vox post 40 I have sent the above letter and am now ready for to take court action-is there any one on here who can assist with this please?-Mc

A letter warning of potential court proceedings if they don't pay up? (including costs etc.) What is the max that can be claimed in a county court action? Cheers Mc

[McGinty]

Re: Magnet worktops

post 41
Are you in Scotland or Rest of the UK?
I ask to establish court and format of the Particulars of Claim.
post 42
Hi-I am in England
post 43

Hi Vox-can you advise please?

Cheers Mc
post 44
I am having a bit of trouble sorting a PoC out
If you can give me some brief details
When did you order the kitchen
was it a deposit and a balance setup and debit card payments, or full upfront
it was to Magnet (you will need the full company name and address)
Date of your initial dissatisfaction (or there abouts)
Who you initially complained to (approx dates)
Any collaboration(surveyors etc any other comments by third parties )
Documentation(lettered responses)
their response (approx dates)
Your reaction to that (approx dates)
their next response

lettering them to fix it and conclusion to that you getting it fixed


I appreciate that some is on the tread but the PoC should be as accurate as possible,and I wasn't that happy with the way mine was going
post 45
Hi Vox
The kitchen was ordered towards the end of January2013. We initially paid a cash deposit and had to wait approximately 13 weeks for the kitchen to be ready, then paid the balance via cash also-wished I had paid some on a credit card! All payments were to Magnet (that is their trading style)and their address is 201 Kingsway S, Gateshead, Tyne and Wear NE11 0TZ. My first email to complain was 27/05/2013 about a week after the kitchen was completed. My email was to a chap called Gary who drew the plans and works for Magnet. I told him there were a few issues with the kitchen-they have rectified the other issues but not the work tops. Gary came to inspect a few days later and then was on sick leave so the deputy store manager was now handling the case and we had a site meeting with him and told him of our concerns that we did not want repairs as on the day the tops had been fittes it was raining and windy and our downstairs was covered in a white dust from the sanding of the surfaces as the fitters had no extraction. He-Dan-also agreed with us that HE would not accept a repair! We agreed to let the company who supplied the worktops to Magnet-they are Sheridans of Leeds -inspect them. They concluded in an email on 17th June that it could be routered out and a piece put in where each joint was. There were 5 'inconspicious' joints-that is there terminology. The repair would have doubled this to 10. Given our experience with the original fitting we were not prepared to accept this but Magnets position was made clear via email on the 27th June saying that we should accept the repair and this would bring the work surfaces up to 'showroom standard'. They made and inconvenience offer of £150. I must also point out that the surveyor from Sheridans who inspected the worktops said the joints repair would be visible if looked at closely and that the whole of the work surface would need to be sanded. We had a further email from Magnet on the 3rd July saying that was their final offer and we could go to the furniture ombudsman if we were unhappy. I subsequently gave Magnet 14 days to rectify-refit new work surfaces-or we would remove the same and renew ourselves. They refused this via email on 12th July and I removed the worktops myself and emailed them to collect if they wanted them back but they refused this offer. We had new work surfaces fitted about 2 weeks later from another company. If you need any more detail please let me know but I am away from the computer-after tomorrow- for the next few days. I have all the email correspondence so if you wish to view this I can post but there are quite a few!
Cheers mC
post 46
sorry for the delay, I'll try to get it done tomorrow ( monday)
post 47
Sorry for pushing you Vox-any update? mc
post 48
Sorry I'm really behind, I have started it
post 49
Thanks a lot
post 50
Any further forward on this Vox?

[Amethyst]

Re: Magnet worktops

Morning McGinty

Wow lots of reading there. I'll read back.

Can you outline briefly the exact current position with your complaint against Magnet ?

[Amethyst]

Re: Magnet worktops

Also do you have a photograph of the offending sections of worktop that clearly show the faults. We can try Tweeting them.

[McGinty]

Re: Magnet worktops

Hi Amethyst-Yes I do have pics and I can dig those pics out if you can give me a few days. The current position is at a standstill as I was seeking advice on PCF but there was no response there. Magnet have had ample warnings of pending court proceedings months ago but have not responded. I would much prefer to get advice on here and proceed to court with the guidance (hopefully!)given than consult a solicitor at this stage. Mc

[Amethyst]

Re: Magnet worktops

We need to ensure you have exhausted the formal complaints procedure first, court action after then, I'm cautious because a similar case on here (Anglian conservatory) has gone into court and have a 25k costs order set by the court. Similar situation with remedy offered and turned down because loss of trust ... I think twitter with a picture or two is worth a go and I also think the ombudsman is worth go.

What's the last formal response you have had from Magnet?

[McGinty]

Re: Magnet worktops

Hi Amethyst
I will answer your questions more fully in the next couple of days and post up correspondence both ways. I have found some pics of the worktops but they are not great quality so will continue to search on my computer for them.
I was thinking more county court as a way forward- as the sum to be claimed would be under £6000.

[McGinty]

Re: Magnet worktops

Hi Amethyst
Attached is a copy of the last emails between us last year. I have send a recorded letter also November last year without response. It read:
Magnet

201 Kingsway South,
Gateshead,
Tyne and Wear
NE11 0TZ


25th November 2013




Notice is given that I intend to commence court proceedings for recovery of all costs involved in relation to the substandard worktops fitted by yourselves in May of this year at my


Magnet (the company) have had ample warning of our intention, and
should the costs not be met within 14 days from today’s date.
Court proceedings with commence without further notice or contact.
Our costs to date are, as under;
Removal of sub-standard worktops and disposal, £450.00.
Fitting of new worktops, £3532.00.
Distress caused to my wife and I, £700.
Totalling £4682.
This will be plus all court costs should you fail to settle.






Signed

I am attaching a few pics in the next post-they are not great quality and I can't find the better ones that I had taken-hope they are good enought though.