Dispute with a bathroom fitter

[siro2015]

We purchased a bathroom suite from a local supplier in January 2015. The self employed bathroom consultant in the shop recommended a local company to fit the bathroom. During the fitting considerable damage was caused.

A crack in the kitchen ceiling and poor repair job.
3 bathroom lights did not work after the bathroom fitting. An electrician said that the lights were broken.
A cracked tile behind the vanity unit.
Staining on the kitchen wall.
The cupboard housing the boiler had come loose from wall.
A broken window in the bathroom. This was replaced and developed a crack (a glazier said this was due to incorrect installation by the bathroom fitter).
The boiler developed a banging noise. A British gas engineer said this was due to the incorrect installation of the bathroom towel rail pipes

I sopke to the fitter on 3 separate occassions only to be told that they would charge extra to correct the damage. I made a complaint to the bathroom supplier shop only to be told that as they do not directly employ the consultant or fitter they cannot accept any responsibility or act as a mediator. I received a call from a director from the bathroom fitting company on 04/02/15. He apologised for the damage and said that he couldn't defend/justify what they had done. He said he would speak to the fitter and would call me back the next day. I did not receive a phone call. I called the bathroom supplier on 05/02/15 to say that I had lost confidence in the bathroom fitting company and that I would be seeking legal advice. I contacted the CAB who advised me to write to the bathroom fitting company asking for a refund. The bathroom supplier and the bathroom consultant could not/would not provide me with an address for the bathroom fitting company . I left the letter with the bathroom supplier to pass on. I found a newspaper article about the bathroom fitter where he was convicted of a serious criminal offence and received a suspended jail sentance, I emailed this informartion to the bathroom supplier.

I received an email on 23/02/15 from the director of the bathroom fitting company saying that he would be suing me for slander if I publicised the problems that had been caused and that I had not given him a chance to address the problems. This is incorrect as allowed his men to fix the ceiling and bathroom window but both of these repairs were done so badly I have had to employ another tradesmen to correct them. I have had a conversation with him, 3 with his fitter and several with the bathroom supplier . I replied stating that I would be prepared to settle this informally but received no reply. I cannot see what is slanderous about showing a third party the photographs of the damage and informing the bathroom supplier of the newspaper article, can anyone advise me on the slander issue. I also have the opionions of the tradesmen who have repaired the damage.
My worry is if I take this to the small claims court then they will sue me for slander.

The only address I have for the bathroom fitting company is that of their accountants. The accountants have written to me stating that they terminated the contract after failing to get a response them.

The county court will not accept my claim without an address for them.
Northumbria police cannot help me without a court order. The county court will not issue a court order without an address .

I have photographs of the damage and quotes from tradesmen for the costs of repairs. My worry is that if I take this to court they will sue me for slander.

Can anyone please help me

[Amethyst]

Re: Dispute with a bathroom fitter

''My worry is if I take this to the small claims court then they will sue me for slander.''

Really I wouldn't worry about that. There is nothing slanderous in what you have said at all, and you have the evidence to back up your complaints.

This excuse from the Bathroom supplier about not employing the fitters is one we have heard a lot. Can you say who the Bathroom Supplier is and on what basis the fitting was arranged - presumably from what you have said the fitters were engaged by the supplier ? Did you have contract from the suppliers that included the fitting ?

Also how did you pay for the bathroom ? ( and was it one bill that included the fitting)

http://www.thisismoney.co.uk/money/n...-kitchens.html

[wales01man]

Re: Dispute with a bathroom fitter

Seems like the fitter was recommended and I would expect the supplier has no liability how did you pay the fitter

[Amethyst]

Re: Dispute with a bathroom fitter

So just a recommendation then? Yes that would be something to take up directly with the fitters (and/or credit card company if you paid that way), and yes you are right to inform the supplier of the issues you have had so they don't recommend them to other customers.

[siro2015]

Re: Dispute with a bathroom fitter

I really dont want to put company names online, all I can say is that they are a well know North East bathroom & kitchen company. The bathroom supplier owns the warehouse and stock, the bathroom consultant is self emplyed and uses the same premises. It was the bathroom consultant who recommended the fitter. I suggested to the supplier that as the consultant and fitter were all working from their premises that there is an inference of recomendation from the supplier, they deny that this is the case. I find it very strange and worrying that neither the supplier nor the consultant have an address for the fitter.

We paid the supplier up front in the shop. The bathroom fitters were paid by bank transfer upon completion of the fitting. My union legal advisor said that I could not withold payment for the fitting job and that I would have to take up the damage issues seperately. Under the terms of my union membership I am not able to return for more legal advice on this matter.

The thought of defending a slander case terrifies me, this situation has seen a breakdown of my health and I am undegoing treatment by my GP.

[dan_1207]

Re: Dispute with a bathroom fitter

As Amethyst says, what you have described does not amount to slander. In any event, it would be libel as it's written not spoken. Even then, it isn't libellous!

Assuming admin are happy, post up the name of the company and, if you can, the name of the owner of the company. We will help you find an address and, from there, come up with a plan.

[dan_1207]

Re: Dispute with a bathroom fitter

I really dont want to put company names online, all I can say is that they are a well know North East bathroom & kitchen company. The bathroom supplier owns the warehouse and stock, the bathroom consultant is self emplyed and uses the same premises. It was the bathroom consultant who recommended the fitter. I suggested to the supplier that as the consultant and fitter were all working from their premises that there is an inference of recomendation from the supplier, they deny that this is the case. I find it very strange and worrying that neither the supplier nor the consultant have an address for the fitter.

We paid the supplier up front in the shop. The bathroom fitters were paid by bank transfer upon completion of the fitting. My union legal advisor said that I could not withold payment for the fitting job and that I would have to take up the damage issues seperately. Under the terms of my union membership I am not able to return for more legal advice on this matter.

The thought of defending a slander case terrifies me, this situation has seen a breakdown of my health and I am undegoing treatment by my GP.

You honestly have nothing to worry about!

If you wish, you may PM me the name of the company / name of owner and I can reply in PM with the address details?

[Amethyst]

Re: Dispute with a bathroom fitter

Yep fine to PM the company name to Dan. or Me if you prefer.

This relationship sounds like it needs a bit of looking at

''The bathroom supplier owns the warehouse and stock, the bathroom consultant is self emplyed and uses the same premises. It was the bathroom consultant who recommended the fitter.''

as it sounds a little bit like it's set up to avoid liability for any follow up issues....

[wales01man]

Re: Dispute with a bathroom fitter

Where is any quotes or estimate for the work surely you had some paperwork

[stevemLS]

Re: Dispute with a bathroom fitter

Yep fine to PM the company name to Dan. or Me if you prefer.

This relationship sounds like it needs a bit of looking at

''The bathroom supplier owns the warehouse and stock, the bathroom consultant is self emplyed and uses the same premises. It was the bathroom consultant who recommended the fitter.''

as it sounds a little bit like it's set up to avoid liability for any follow up issues....

This.

I would say that, regardless of the employment status of the consultant, he is acting as the supplier's agent and they can't disclaim any liability on that basis.

However, it sounds as though it is the fitter who is primarily responsible and that appears to be a wholly independent contractual relationship. That it was founded on their recommendation is, in my opinion, irrelevant.

I hope Dan/Amethyst were able to track them down for you.

Good luck.

[Amethyst]

Re: Dispute with a bathroom fitter

''The bathroom fitters were paid by bank transfer upon completion of the fitting''

That's where you went wrong I'm afraid, there is no requirement to make payment until the job is complete, unless previously agree to pay half upfront etc of course, but final payment appears to have been made while there were still major issues with the fitting and the job was not complete. Weird advice to have got from a Union Rep. And shame you paid by bank transfer - that basically leaves you with no protection.

''I received an email on 23/02/15 from the director of the bathroom fitting company saying that he would be suing me for slander if I publicised the problems that had been caused and that I had not given him a chance to address the problems. ''

Can you post that email up pls. ( not the bit about slander just ignore that rubbish )

The bathroom supplier is obviously in touch with the fitter though as he passed on your email about the (failed)cannabis farm.

Have you attempted to contact the other director of the fitting company ? He has a different reg'd address though it could also be a mailing address, its worth checking out.

It does appear that the supply contract was completely separate to the fit contract and that is backed up by the bathroom companies terms

12. xxxx LTD DO NOT UNDERTAKE FITTING WORK. Any such work must be agreed, paid for and organised between the customer and fitter. Any name given by a representative of the company is not an endorsement of that fitter’s service by xxxxxxxx LTD.

The company isn't formally in liquidation/dissolved etc so you COULD sue it, however enforcement would likely fail as there are no premises and they don't hold an stock as they are just fitters....without an address even.


See what Dan or Steve reckon ....

[stevemLS]

Re: Dispute with a bathroom fitter

I guess it comes down to whether it is worth the time and effort/stress of attempting to pursue them combined with the likelihood of recovery (which seems slim although they may have vehicles/equipment that could be threatened)?

What is the value of the work that you had to have done in default?

(I think I got myself sidetracked about the agency argument on the salesman - have you now seen the contract privately as that clause 12 seems perfectly clear and reasonable to me - either way I think the supplier is completely off the hook).

[Amethyst]

Re: Dispute with a bathroom fitter

Only the bathroom supplier terms from their website. It is basically a trading estate bathroom showroom/shop. They don't have very good reviews all round tbh. I have just followed them on Twitter they have a massive 8 followers so don't think they are going to take over the universe any time soon. If you sell bathrooms and recommend fitters you will get bad reviews if you take no responsibility or care over who you 'recommend', if you use delivery companies who are awful, then you will get bad reviews.... take responsibility - they are your goods and it is your reputation - CARE - don't just pile high flog cheap and hope you get away with it.

[dan_1207]

Re: Dispute with a bathroom fitter

Yes, as per stevemLS, it really depends on whether it's commercially viable to pursue a claim.

[stevemLS]

Re: Dispute with a bathroom fitter

I have just followed them on Twitter they have a massive 8 followers so don't think they are going to take over the universe any time soon. .

Off thread, sorry - I think I currently have 3 followers on Twitter lol. (I don't really understand it - that makes me feel ancient!)