Two years ago, I bought three lengths of laminate worktop for £1,500 as I was renovating my kitchen.
One of the pieces is starting to chip and crack, and it also absorbs stains so it never looks clean.
The supplier said it was my fault and I can’t expect it to look perfect after two years.
But I contacted other supplier and it said this shouldn’t be happening. One had a 12-year guarantee.
Should I try the small claims court?
D.P., Somerset.
Damage: A reader is unhappy with their kitchen worktop which is starting to chip and crack after just two years
Dean Dunham replies: The Consumer Rights Act 2015 states that goods purchased in the UK must be ‘of satisfactory quality’, ‘as described’ and ‘fit for purpose’. If they aren’t, the consumer is entitled to a free remedy.
In your case, there are three possible scenarios. Firstly, it is possible that the worktop was faulty when you purchased it, and this is the underlying cause of the issues you have experienced.
Second, the worktop was not fit for the purpose intended and is simply not suitable for use in a kitchen.
The third option is that, as the retailer claims, you have caused the issue by misuse or that the worktop has simply reached its shelf life at two years old.
If the latter is true, you will have no rights and will simply have to take it on the chin.
In the case of scenario one or two, the law will sit firmly on your side. You will be entitled to a free replacement, free repair or partial refund.
However, because you bought the worktops more than six months ago, the ‘burden of proof’ has now shifted to you as the consumer.
It will, therefore, be down to you to prove that the problem with the worktop is due to a fault, or the material not being fit for purpose.
You will need to call in another kitchen fitter and get a written opinion. If you can prove it, the small claims court will definitely be a good route for you to take if the retailer continues to deny your claim.
If you cannot get an expert to support you, my advice would be to stay away from court as you will likely lose without evidence to substantiate your position.
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