I see that the previous expert opted out. I will try to deal with this for you. The letter you received from their accounts department is not at all unusual. It is likely simply be a case of the left hand not knowing what the right hand is doing.
Notwithstanding the fact that you agree to their terms and conditions to allow reasonable access, the court would allow them at least one attempt to put this right. You may have lost confidence in them but no one is perfect and they are entitled to have that opportunity and the court would usually find by denying them that one opportunity, you have acted unreasonably.
Because there was clearly disruption doing the job, I don’t think that the health and stress argument would work with regard to what in the whole scale of things would be a relatively minor amount of extra work unless the relatively minor extra amount of work amounted to ripping the whole thing out and starting again and was in reality a complete new installation.
The court, I’m sorry to say is likely to find that you were simply using this as an excuse to suffer the defects but get 10% discount. I have had exactly this in court before.
They contracted to install the bedroom to a standard and in any event, under the Consumer Rights Act the goods have to be of satisfactory quality and fit the purpose. Whilst they are fit for purpose, they are not of satisfactory quality. Hence, they are in breach of contract and the Act.
However you agreed to pay and to allow access and you are therefore also in breach of contract.
2 wrongs don’t put the whole thing right.
They are saying that as a result of your breach and the fact that you will not let them remedy these defects, they will not honour the 12 year guarantee. That is not unreasonable.
However, under the Supply of Goods to Consumer Regulations, the goods have to be free of manufacturing defects for 6 years in any event is although the onus on you is to prove that the defect existed at the time was manufacture.
I’m sorry to say that if you don’t give them at least one opportunity to put this right, you are not on particularly good grounds.
Meanwhile, do not ignore the letters from their finance department. Right back to them, send it by recorded delivery, and tell them that there is a dispute over this and that they should refer the matter to Mr XYZ in their sales department is who is dealing with it.
Does that answer the question even though it may not be what you want to hear? Can I answer any specific points arising from this?
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