Window fitter wont honour guarantee

Joshm74

Hi all, this is my first post here so apologies if this is the wrong forum and also for the long post, but we are having some major issues with our local window fitting company who are not honouring their 10 year guarantee. We were therefore hoping to seek advice from the wise folks on this forum as to how to resolve this in the best possible way. I'll try to explain everything as briefly as possible

Two years ago we had all the windows and exterior doors replaced in our home by a local double-glazing company. During the installation we encountered the following issues with them:

1. Whilst removing the existing bay windows from the 1st floor bedroom, they caused some fairly significant cracks to appear in the surrounding brickwork (most likely due to using too much brute force to remove the existing windows).

2. They downgraded one of our exterior doors to a much cheaper and more basic model compared to the one we ordered, due to their claim that the original door we selected was the wrong size for our door frame (something which they failed to point out during the site survey, but only noticed during the installation). They therefore installed a cheaper door which did fit, although they did not reduce the price accordingly.

Once the job was complete (which took around 4 weeks as opposed to 4 days which they claimed), we disputed the above items and witheld approximately £800 from the total fee (£300 taken off for the cheaper door and £500 for the repair job to fix the cracks in the brickwork). This was done after consultation with both an independent surveyor and a solicitor at our local Citizens Advice Bureau, both of whom recommended that we withold the above amounts. We therefore sent a cheque to the window company for the reduced fee, as well as a letter explaining our reasons for doing so. We also included a copy of the surveyor's report.

We didn't hear from the window company after that so we assumed they accepted our reasons and that was the end of the matter.

However two years on from the installation and we have developed a problem with our front door, in that it no longer closes shut properly. The reason being is that the PVC door has 'sunk' from its hinges and therefore does not align with the lock in the door frame so cannot be closed or locked. Apparently this is a common problem with PVC doors and can be fixed by a method called 'toeing and heeling' but our window company refuses to send someone to fix it, claiming that our 10 year guarantee is void because we didn't pay them the full amount, even though they know the reasons why (and didn't dispute them at the time). So we are left with a front door that doesn't work. Luckily we also have a front porch, the door of which can be locked so at least we have some security.

I would therefore like to get some advice as to how we can tackle this and get the window company to honour their guarantee and fix our front door. I'm thinking of going to Trading Standards and/or the Office of Fair Trading to see if they can help. Another thing my dad mentioned that I didn't know about was that when he paid them, he made the cheque out to the company owner personally rather than the company itself, which was at their request. We did not benefit in any way from this (i.e. saving on VAT costs) as we paid the full amount on our invoice (minus the £800 of course), so I can only assume that the company may be hiding some of their income from the taxman. I'm wondering if we should report them to the HMRC, or at least use this as leverage to get them to honour the guarantee? Actually looking back at our sales receipt, it makes no mention of VAT whatsoever so I'm not even sure if they are VAt registered??

As you can see, we dont know what to do or where to start so I would be very grateful if anyone could give us some advice as to how best to tackle this, especially if anyone has been through this before. Your thoughts and advice would be most appreciated.

Thanks in advance for your help and apologies again for the long post.

bribrian

After keeping £800 from the window company i'm sure you'll have no chance of getting them out to fix it. PVC doors do drop after time due to the weight of glass even if they are packed correctly but it isn't a major job to 'toe & heel' if you decide to try it yourself or a 5 min job for a local glazier. Also the keeps that the locks engage into in the outer frame can be adjusted so you can get it locking until it's sorted properly................;)

Tozer

bribrian wrote: »

After keeping £800 from the window company i'm sure you'll have no chance of getting them out to fix it. PVC doors do drop after time due to the weight of glass even if they are packed correctly but it isn't a major job to 'toe & heel' if you decide to try it yourself or a 5 min job for a local glazier. Also the keeps that the locks engage into in the outer frame can be adjusted so you can get it locking until it's sorted properly................;)

This is wrong. Your rights remain. The £800 is nothing to do with the guarantee.

Even if the guarantee expressly made provision for it to be cancelled in the event of non-payment, your rights under the Supply of Goods and Services Act 1982 would continue to apply.

Joshm74

Thanks for the responses. I'm sure that the witholding of the £800 would not affect my guarantee as we were advised to do so by the solicitor at the Citizens Advice Bureau, after our own negotiations with the Window fitters broke down.

Assuming that we are therefore covered by the Supply of Goods and Services Act 1982, what would the best way to proceed ? I assume they wont act unless we present them hard evidence that they are obliged to honour their guarantee. Should we speak with Trading Standards/Office of Fair Trading first? What about the HMRC angle? Could that be used as leverage?

Thanks again for all your advice.

Tozer

Joshm74 wrote: »

Thanks for the responses. I'm sure that the witholding of the £800 would not affect my guarantee as we were advised to do so by the solicitor at the Citizens Advice Bureau, after our own negotiations with the Window fitters broke down.

Assuming that we are therefore covered by the Supply of Goods and Services Act 1982, what would the best way to proceed ? I assume they wont act unless we present them hard evidence that they are obliged to honour their guarantee. Should we speak with Trading Standards/Office of Fair Trading first? What about the HMRC angle? Could that be used as leverage?

Thanks again for all your advice.

OFT won't be at all interested. I would drop the HMRC thing - it will antagonise the situation and won't directly benefit you.

Are the contractors members of any trade associations? It may be that they will have a dispute resolution procedure that can be used.

Failing that, give them 14 days to confirm that they will return to conduct the relevant repairs. If they don't, get someone else in to do the repairs and claim the costs in the small claims court.

Joshm74

Thanks Tozer. I will see if they are affiliated with any trade organisations and contact them for advice. Failing that is there any other consumer body that can exert some pressure on them? Small claims court seems like a long, drawn out procedure so ideally I'd prefer to use that as a last resort. Do you think that Trading Standards would also have little interest in this issue?

4743hudsonj

Joshm74 wrote: »

Thanks Tozer. I will see if they are affiliated with any trade organisations and contact them for advice. Failing that is there any other consumer body that can exert some pressure on them? Small claims court seems like a long, drawn out procedure so ideally I'd prefer to use that as a last resort. Do you think that Trading Standards would also have little interest in this issue?

longer than disputing with them otherwise?


it may well be faster