Legal advice please...

[TR1CKY]

This could be a long story but I'll keep it brief!

New en-suite bathroom fitted Feb/March 2022. All new construction into extension so all new pipes and fittings etc.

October 2022 - wife lets bath out. Most of the water ends up on the kitchen floor.

Bath is tiled so queue a bit of to-ing and fro-ing we eventually get access and my fitter changes the waste. Leak remains.

December 2022 - Bathroom shop send a Crosswater Engineer to inspect waste (which costs ME £175!!). No issues found. He advised that there was a hole in the bath.

Feb 2023 - Plumbing shop "independent" plumber turns up ... he says it's the waste and needs to smash tiles off to get full access.

March 2023 - Smash off tiles, get video of a hole in the bath. Waste looks fine.

May 2023 - Plumbing shop seem to have washed their hands of me and referred me to the manufacturer, who after some time are saying that as they've never had a bath fail like that, basically it's not the bath... (lol) and they *think* that when the Crosswater Engineer came to site to examine the waste, during that process, this has led to the leak being created ... again, lol.

I am basically going after the manufacturer for reasonable repair costs but they are saying no.

I really need to know what my options are? Can I go after them citing the Sales Of Goods Act? Or is there something else out there to help? At the end of the day, we have a faulty bath we can't use.

TIA

 

[ianmcd]

Did you supply the bath or did your installer supply it ?

 

[TR1CKY]

Bath was supplied by the bathroom shop we sourced both suites from. They were interested at first but they've pretty much left me to deal with the bath manufacturer directly now after passing me their details.

 

[Old Salt]

Your complaint is with the bath shop. Take them to small claims court. CAB can advise or look online.

 

[ianmcd]

As @ old salt says, your contract is with who you bought it from, do not let them fob you off with saying that it is anyones problem except theirs, did you pay by credit card ?

 

[TR1CKY]

OK, I'll speak to CAB if I can get through. I paid by debit card. Once they were in receipt of this video they started emailing me "without prejudice" but have gone quiet since the manufacturer has said they aren't interested.

Tried to upload the video but it didn't like it. In a nutshell, when the plug is released, water comes out of the three small pin prick type holes in the neck of the waste. Manufacturers are saying it should have been spotted on fitting. The fact that it was fitted for 6 months before this developed is, apparently, impossible..!

 

[conny]

As stated, contract is with the shop you bought it from. If you are getting no joy from them, contact their head office, (if they are a branch), and tell them the full story.
If they are an independent company with only the one shop, (maybe a family business), it makes it more difficult to go higher up the chain. However, as also stated, contact the CAB and enquire about claiming from through the small claims court.
As asked, did you pay by credit card, (not debit card)? If you did then you can claim through them but I think it may only be for the original cost of the bath. CAB will be able to advise properly, where you stand.

Sorry, typing while you posted.

 

[ianmcd]

but I think it may only be for the original cost of the bath. CAB will be able to advise properly, where you stand.

You will only be able to claim the cost of the bath, they will probably supply you with a replacement , but you will have to pay to have that installed, your home buildings and contents insurance MAY help with the rest but dont hold your breath, take note everyone reading this post, when you think it is cheaper to buy independently then get a third party to install , you think you are saving a few bob, but in reality, yes if the installer had supplied the bath then you would have a claim against that company , not always cheaper to supply yourself, hence why most insist you supply what you want

 

[kidgreen61]

People who tile baths in should be taken out and shot at dawn.
Reasonable accesss is a basic requirement for when things go wrong.

 

[conny]

It's called 'Forward Planning'.
Mind you, in my experience, people who design things don't give a thought about what may be needed when it comes to maintenance/repairs.

 

[TR1CKY]

People who tile baths in should be taken out and shot at dawn.
Reasonable accesss is a basic requirement for when things go wrong.

It's a calculated risk... obviously everything was fully tested for about 3 weeks before being fully tiled and access is available via a stud wall on the adjoining room (the family bathroom) for the waste etc but it didn't account for a random hole in the neck of the waste on the other side of the bath's plug that couldn't easily be accessed (unless you happen to be Mr Tickle). We also didn't expect an immediate failure of the components and were kind of OK with knowing "in a few years" it would probably need to be accessed.

 

[TR1CKY]

Just a small update for you guys in case anyone else has a similar issue. Moan moan moan and patience seems to get you a result. Manufacturers have "reconsidered" and "want to close the matter" so are paying out. Not for everything, just the refitting costs (minus tiles and minus third party engineer visits and weirdly, vat)... and will supply new bath, so I will be out of pocket but unless I carry on the fight, I will have to take that on the chin, but as this whole process has been so 'draining' (see what I did there?) I will probably just take that and run.

 

[justigator]

You have made a wise decision, if I may say so without coming across as patronising. Some people drive themselves batty over "the principle of the thing". I always think, ordure occurs and if clearing it up costs me but not unreasonably, I just take the hit and calm down.

Some years ago, for the first and so far only time in my life, I took a block paving installer to the small claims court because they broke a drain under my expensive new paving and claimed that it could have failed at any time so was unrelated to their work. The nearest I could get to an independent expert's report wasn't enough to convince the judge, who cast a cursory eye over the photos and told me to eff off with no case to answer, in only slightly politer terms. To be fair, he was equally rude, dismissive and obnoxious to both me and the contractor, so I don't think there was any bias there. I understand he was un-judged some time after that, on grounds of unreliable post-lunch decisions (partner is a magistrate in the same area). Too late for me though.

 

[HERTS P&D]

You could alwayys take a cash payment for the bath and fix it with a £12 fibreglass kit.

Big Boy Fibre Glass Resin Kit

Find everything you need to make efficient and effective repairs with this handy glass fibre resin repair kit. You can use it to fix damaged spots in materials like brick, metal and plastic, as well as wood, aluminium and fibreglass. Because it sets to a hard finish but keeps its elastic...

www.toolstation.com

Andy

 

[TR1CKY]

You could alwayys take a cash payment for the bath and fix it with a £12 fibreglass kit.

Big Boy Fibre Glass Resin Kit

Find everything you need to make efficient and effective repairs with this handy glass fibre resin repair kit. You can use it to fix damaged spots in materials like brick, metal and plastic, as well as wood, aluminium and fibreglass. Because it sets to a hard finish but keeps its elastic...

www.toolstation.com

Andy

LOL - yeah, I could... except they want the old bath back for "research"

<goes to find drill>