Donate SIGN UP

Disability Grant

Avatar Image
gentleman | 18:24 Sat 25th Jul 2009 | Law
7 Answers
I do not know if I am in the correct category to seek an an answer for our rights.
The Occupation Therapist dept at the City Council arranged for adaptation to our bathroom to fit for purpose use for my son who is disabled. We had no say in the matter as to the Contractor or what is needed for this adaptation.
To cut a long story short. I am seeking advice to our rights to an extractor fan fitted included in the adaptation works carried out. I was the person available when the the builders and electrician carried out the work. I question the electrician on the extractor fan's haphazard behaviour when it was on. I felt it did not function properly and raised this question with the electrician a couple of times during the period of conversion when I noticed the fault. Excuses were made and said it would settle down.
However, a month or so after the work was completed my wife smelt rubber burning and investigated to see sparks shooting out of the extractor fan equipment and cut the electricity supply to it.
My wife phoned the contractor to report the fault.

At the interim, the O.T dept came to visit to see if the work was all right for my son. I told her about the problem of the extractor fan and she said she would report the problem.

The electrician who works for the contractor called at the property and said the company who supplied the equipment will not replace the extractor fan but an engineer will call to repair. After five days I received a letter from the building contractor to tell me I have to contact the manufacturer. However, to do this we have to call the manufacturer to arrange an engineer but the the letter did not supple any name of the manufacturer or contact number to phone. The letter mentioned that as there is no fault to the installation by the builders electrician then they have no recourse to replacing the equipment as it is the manufacturer who should send their engineer to
Gravatar

Answers

1 to 7 of 7rss feed

Best Answer

No best answer has yet been selected by gentleman. Once a best answer has been selected, it will be shown here.

For more on marking an answer as the "Best Answer", please visit our FAQ.
ok, so can't you just contact them and ask who the manufacturer is?
Does the extractor unit have any makers logo or name on it?If so try entering the name into the Google search engine and it may give an address for their head office.
I'm not entirely sure that it is your responsibility to do this though.I thought that if a contractor was responsible for fitting a non-working or faulty device that they had to replace it and then pursue the costs themselves from the manufacturer.
Question Author
daffy654
In answer to your response: Yes, there is a name at the face of the equipment -Epelair. I guess the issue here is the contractor on surveying the work to be carried out was put on the spot about his 'wishywashy' proposal. In short his job plan sent to us would have been a 'cowboy' work carried out. I put forward to an independent surveyor and he advised me to make an entry in WorhSchedule' for the contractor and city country to accept responsibility for any damage to other parts of the property should any is affected by their work carried out.. They refused and I challenged both to point out the job as per their work schedule carried out would affect underlying structure. They then changed the whole work plan.
However, my wife was told when work was in progress any inquiry and referrals to job on site is not to be address by me to either the contractor or city council.
I then stood back as an audience.
My argument is; in essence, if a TV was installed or bought at a Retail Outlet any failure to any part and especially a major part the Consumer has a right for the Retailer to exchange the whole item. Am I correct under the Consumer Goods Act for the Equipment to fit its purpose.
bednobs
I believe you are a legal adviser. I can understand contacting the manufacturer is simply enough to resolve this problem. I feel indignant to both the city council and contractor treating us as vulnerable people to take advantage of. I am a very placid and patient person. I am viewing this matter as a point of Consumer Rights. But never the less, I suspect if push come to shove, our contacting the manufacturer would probably resolve this issue.
Hello again gentleman.
I would strongly advise that you go and see an advisor at your local citizens advice bureau and ask them who the responsibility lies with for this mess.
If the contractor installed a faulty and dangerous device then they deserve to be sued,never mind forced to replace the device at no cost to you! Imagine what could have happened had the extractor caught fire.
Hopefully someone more knowledgeable than I will see your post and be able to give you a proper legal answer.
Good luck with it all.
-- answer removed --
-- answer removed --
Eddie51 is right - it is up to the council to sort this out. If you have no joy from them, contact your local MP.

1 to 7 of 7rss feed

Do you know the answer?

Disability Grant

Answer Question >>