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Topic Other Boards / Foo / what legal route to take?
- By Lorripop [gb] Date 04.07.10 17:37 UTC
We had patio slabs delivered back in march and got landscapers in to lay them. One palate wasn't full and was open but we dont know how long for. Our landscapers laid these first then opened a sealed pack and laid these but they were a different colour. the colour difference was initially thought to be because these hadn't had any weathering like the open ones but when they checked the other unopened palates it was discovered we had 2 different colours. The order was a mix of old and new stock which we knew about but weren't told at any point there could be a problem with difference in colour. It also became evidient when it rained that they were different texture as well.

we went back to the company we ordered them from as soon as it was realised  (5 days) we had different colour slabs and people came out and took pictures and agreed they were different. Managed eventually to get the right colour so our patio could be finished but it took ages for the company to sort it out and we left dangling about when we would get them for 3 weeks. trying to get anwers was difficult and the director was not interested and never returned calls.

Our landscapers then gave a price to have the wrong colour slabs lifted and replaced because this obviously was additional work. We have been trying to get this amount back from the company we got the slabs from because it was their fault we ended with 2 colours but they will not see its totally thier fault and say we should have not laid so many before realising the difference. It was a small difference but noticeable even though the colour on the palates said the same.

Lots of letters have gone back and forwards and still they will not offer the total amount that we had to pay extra to get slabs re laid, they are offering less than half the amount and wont budge. We have up until now done all the letter writing ourselves but it looks like we are going to have to go further but dont know if its straight to an expensive solicitor or if there is an intermediate route first??

i did ring a legal helpline who advised on writing the letters but also said as we paid by credit card it could be claimed back on the credit card comapny??

any advise of how to proceed greatly appreciated, £1600 extra on top of what we paid for our patio is a lot of money for us to lose, the company are only offering £700. It just seems so unfair and such a battle, if we go to a solicitor then we are looking at loads of money no doubt.
- By LJS Date 04.07.10 17:51 UTC
Yes go to your credit card provider and get them to sort this out.

Good luck !
- By Brainless [gb] Date 04.07.10 17:52 UTC
Have you spoken with Trading Standards, they can be very helpful.
- By theemx [gb] Date 04.07.10 19:21 UTC
Honestly - think your contractors ought to lift and re-lay the replacement flags for half price.

They have been (or ought to have been) in the trade long enough to a/identify weathered from different batch and b/different texture slabs - they were aware that they looked different so this should have been in the back of their minds already.

They continued to lay, presumably hoping that either you wouldnt care or the others would weather to a similar colour quickly.

Therefore, I do think they are also at fault - IF they asked you and were upfront about the possibility that these flags would not end up the same colour as the others and were from a different batch and then you told them to go ahead anyway, then it is your fault.

Dont really see how it is the suppliers fault if either the contractors carried on, or you told them to carry on once you were aware it was a different batch.
- By Lorripop [gb] Date 04.07.10 19:50 UTC
the contractors have been in the trade for 15yrs and never had anything like this before. They did notice the difference after  they had laid prob half of the 2 top palates and we did too but the new unopened lots were very dusty and they did think it was because the others had obviously been washed with rain over who knows how long a period. Once it was realised when it rained that that porous was different aswell they stopped laying and took one of each slab into the place where we bought them to show them. No more slabs were laid after this.

The contractors did not know we had new and old stock because we weren't made aware that colour could be different so didnt think it important. When each palate says its the same stone why should it be different in colour & texture? you dont know this until the slabs go down and as they are stcked on top of each other the contractors could only get to 2 palates at a time - 2 of the newer stock which was the same colour as each other. It was only when they'd used these and then opened the bottom packs that it was realised about the colour.
The supplier avoids the point that his sales girl did not tell us at any point that the slabs could be different in colour and texture because we were ordering more in. Think they themselves were surprised how much variation was noticeable and they have said they have tried to obtain the money from the original supplier but obviously failed. BUT our contract is with the people we brought the slabs from in the first place not who they get them from.

we have asked for a meeting to sort things and for them to come and see the slabs now they are completed because the quality isnt great but they dont respond to that idea.

I think it may have been trading standards i contacted in thr first place and they told me about getting the money from the credit card company. My husband is going to ring the card company tomorrow as he is the named holder and they wont speak to me.
Topic Other Boards / Foo / what legal route to take?

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