TC09596 - [2025] UKFTT 00895 (TC)

The installation date is chosen by the customer - according to fitter availability - at the point of sale, unless the customer is not ready to have the installation carried out immediately, or the delivery date of the product which they are purchasing is uncertain. On the morning of the installation, the fitter goes to the store to pick up work from the store. The fitter collects the carpet from the store and delivers it to the customer as part of his service to the customer. The fitters have a list of the customers and they will call the customer, in advance, to advise what time they are likely to arrive at the customer’s home. The fitters will also decide how, and in what order, they will do all their jobs.

When attending the customer’s home, if the fitter finds that the customer’s description of the job is inaccurate, they advise the customer of any additional charges before undertaking the installation. Any differences that require the fitter to carry out differing, or additional, services to that originally described by the customer at the time of their store visit will be chargeable by the fitter to the customer at a rate agreed between them on the day. The Appellant is not privy to that discussion and does not know what the final fitting charge is. The responsibility of paying the fitter is that of the customer, who is obliged to pay the basic fitting charge to the fitter, together with any variations.

If the fitter does not show up for the job, then the Appellant sends a different fitter. This would, in most circumstances, be on the same day. However, there may be instances where an installation would need to be delayed. In the vast majority of instances where delay occurs, this delay would be short and the installation would usually be carried out the following day. The customer still pays the fitter on the fitting day (plus any surcharges) as agreed between the customer and the fitter.

If there is an issue about the fitting, then the customer will, in most instances, have the fitter’s contact number and can contact him. If the customer does not have a contact number, then the customer will sometimes call the store and the store manager will then either pass on the fitter’s contact details, ask the fitter to contact the customer, or in some instances arrange for that fitter to return and complete rectification work. This work is carried out at the fitter’s own cost. Complaints made by customers to the Appellant about fitters would normally be dealt with by sending the specific fitter who carried out the installation back to the customer to carry out any requisite remedial work. Repeated complaints about the same fitter would result in the Appellant ceasing to refer work to that individual fitter.

In the unusual case that a customer contacts the store to complain about an installation and specifically requests that the original fitter does not return, the store manager decides to send another fitter to rectify that work. That might, on occasion, be at the expense of the Appellant, but it might instead be agreed between fitters whereby the fitter in question pays another to rectify the work of the former. In the latter case, the Appellant would not be privy to any payment agreed between the two fitters. Where the Appellant does deal with issues in relation to fitting, then this is done to protect the reputation of its business.