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The fact that you had someone else lay the floor muddies the waters considerably.
The shop has sold you a product - you have then had that fitted by a third party and for some reason it has gone wrong - they have offered a refund on the product which seems like a reasonably generous offer.
Who knows what the failure was caused by (does sound like moisture though) but it doesn't matter.
If the shop had arranged the fitting also then they would have more blame to shoulder.
If they produce statements from other purchasers of the same product saying that there's not been a problem then they're in a stronger position and could easily state that the failure was caused by something out of their control.
I'd take the refund and move on.
Edit: laying a "waterproof" membrane over a 2 week old screed is not going to promote drying out of said screed.
quick update!
Fooring shop has now coffed up for the floor, but still refusing extra costs, so i'll be filing a claim any day now.
Seriously – you will need to prove that there was a manufacturing fault with the flooring and its nothing to do with the installation.
They haven't got any proof that the floor has been tested in any way at all for suitability in pretty much most areas, i'll start there...
I'd think a refund on the floor would be a good fair outcome.
I'm not with you on this.....
As above if they'd supplied and fitted yeah I'd be with you.
They haven’t got any proof that the floor has been tested in any way at all for suitability in pretty much most areas, i’ll start there…
completely Irrelevant
You have to prove that the flooring was faulty. that your ( not the shops) fitter fitted it properly
Why not go and get some proper legal advice before you waste any more time and energy on tilting at windmills. all you are going to do is waste more money and let this eat away at you
Ccj is 75 quid...
So your letting 225 quid wind you up....
Still just cant see a happy outcome here....
Still just cant see a happy outcome here….
I can, just not for the OP.
I can, just not for the OP.
True, if he keeps updating the thread it should be quite entertaining. Again, not for the OP.
Why not go and get some proper legal advice before you waste any more time and energy on tilting at windmills. all you are going to do is waste more money and let this eat away at you
On the other hand we all need a hobby. Endless hours can be whiled away filing court cases and sitting around waiting for hearings to start.
Endless hours can be whiled away filing court cases and sitting around waiting for hearings to start.
Geordice vs Geordice
I had a similar problem with some Engineered wood boards when left on semi dried screed floor, I’d removed them from pack and left them on floor overnight. They bent like bananas. Engineered or laminate boards will bend if left out or are fitted to screed floors that haven’t dried “completely”
Was a liquid epoxy damp proof membrane applied to the screed floor before fitting?
editted - missed the joke!
I’m willing to bet that the “screed” put down before installation was just a self-levelling compound. In which case some “bottle” mixes (ie those that come with be their own milk) can be ready for coverings within hours and mostly within a day or so.
A conservatory is the most challenging of environments for any flooring. Temperatures and RHs vary wildly between day and night and from season to season. They’ll usually have a load of bloody plants in there as well which doesn’t help either. I’d always advise clients to put either stone or ceramics in. And where I’ve had to run a floor into a conservatory despite advising to the contrary, I just tell the client that any coming back to sort problems out for free stops at the conservatory door. 😀
To the OP, given the sums involved, I’d take the refund and run. Generally, with any installation, something can be identified as not falling within the parameters of the fitting instructions.
If the sums were an order of magnitude higher, by all means I’d say go for it, but for a few hundred quid, I think you’re wasting your time.
martinhutch - I saw what you did there 👏👏
As for the OP's update - an exercise in futility; cost of flooring has been refunded.
Cut your losses and walk away now; several responses - inc mine from a few days ago - have attempted to explain to you that the burden of proof will fall on you; ask yourself...can I prove beyond a reasonable doubt that the retailer is at fault?
All you have is your opinion; you have convinced yourself the retailer is at fault - that counts for nothing in the eyes of the law.
Balance of probablities actually for civil action but there is no chance of even meeting that lower standard of proof
What was the depth of screed that was laid?
It's a simple and quick question to answer!
The reason why so many people get screwed over by bad service and bad products is down to the attitude of some of the posters on this thread “life’s too short, forget it, move on”. Why should he if he’s out of pocket through no fault of his own?
I reckon these would be the same people who if their new bike arrived damaged, and the sender wasnt interested in replacing or refunding the full amount, they'd be on the phone to the high court looking for an appointment first thing in the morning. AFTER a very long thread about how it was the senders responsibility.
£350 is a lot of money, far too much to just cast to the wind.
the issue is that the flooring was not laid properly.
Its like you buy a bike, don't let the shop do the assembly / pre sale inspection, get your pal to build it up, he damages it then you try to sue the shop.
We are simply advising him that he has no case against the supplier here and he is pissing in the wind attempting to make one.
If he had used the shops own fitter then he might have a case.
But the OP does have history as a bit of a chancer evidenced by the Ling thread so in a fit of contrived outrage, he's trying it on to get as much back as he can.
Fair enough but don't dress it up as upholding 'consumer rights'. Sorry.
If he had used the shops own fitter then he might have a case.
If he'd used the shops fitter there would be a nice floor laid and no issues...
But the OP does have history as a bit of a chancer evidenced by the Ling thread so in a fit of contrived outrage, he’s trying it on to get as much back as he can.
I'm sure the strategy is that, given the small amounts involved, the shop will fold because it doesn't want the hassle. Be interesting if, on receiving his claim, they withdrew their goodwill offer/refund and counter-sued to get back the costs of the flooring, though.
I really do not think its that at all. I think he is just misunderstanding how the law works on this.