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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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Leon, wow are you a real solicitor?I have just lodged a fair tradin

Customer Question

Hi Leon, wow are you a real solicitor?
I have just lodged a fair trading complaint against Carpet Call and I have included the complaint below for your reference; Is there any thing else I can do?
Submitted: 2 years ago.
Category: Australia Law
Customer: replied 2 years ago.
16 July 2015NSW Fair Trading
PO Box 972
Parramatta 2124Dear Sirs,Subject of the Dispute
There exists a dispute with Carpet Call regarding the purchase and installation of carpet on or about four weeks ago resulting in our property becoming uninhabitable in the areas where the carpet has been installed due to extreme odors.Background to the Dispute• On June 2, 2015 we purchased the supply and installation of carpet from Carpet Call.• Upon installation of the carpet on June 11, 2015 we noticed an extreme odor that was so strong that we needed to leave the room immediately as it was nauseating.• On or about the 15 June, 2015 our elderly fathers was admitted to Banks town Hospital Emergency for respiratory problems.• We contacted Carpet Call Auburn and raised our concerns.• The Store Manager of Carpet Call came out to our property and acknowledged the extreme odor and removed a piece of the carpet for further investigation.• Carpet Call referred the complaint to Victoria Carpets the manufacturer of the carpet• Victoria Carpets visited our property and acknowledged the extreme odor and referred the issue to who he advised was an independent inspector.• The Independent inspector employed by Victoria Carpets visited our property and acknowledged that there was an odor but believed that the odor was not foul.• The area Manager of carpet call has now advised that based on the advice from the Independent inspector there was no fault found and no further action will be taken.• Four weeks have now passed since we first installed the carpet and we still have not been able to refurnish the rooms where Carpet Call installed the carpet.Our property has become uninhabitable in the areas where the carpet has been installed due to the extreme odor and my father has restricted himself to his bedroom on the other side of our property due to the carpets extreme odor.In light of the above, we respectfully ***** ***** Trading commence an investigation into the conduct of Carpet Call at point of sale regarding failure of disclosure regarding the carpet extreme odor, including the issue of failing to meet fair trading guidelines with respect to refund, replacement or repair.Outcome Sought
The urgent removal of the carpet with a full refund.If you should have any questions, please do not hesitate to contact the writer.Yours faithfully,Nabeel Hariz
Expert:  Leon replied 2 years ago.
Good Evening, My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.I am a real solicitor. Have you had an independent carpet specialist come and have a look and give you a report?
Customer: replied 2 years ago.
Not yet as we believed that carpet call was going to replace the carpet. We were only advised today after four weeks with regards ***** ***** independent report.
Expert:  Leon replied 2 years ago.
Good Evening.You will need an independent inspector to give a report for you.The Department of Fair Trading will not do very much unless there is something form you.Once you get that report you may have to consider taking the matter to NCAT to get your money back and the carpet removed.You should ask the inspector to also give information on whether the door contains poisons and what they are that affect the health of individuals.I hope this makes sense and is of assistance.