Double Glazing Problems

Upwind

I am hoping to get some advice as to where I stand with regard to an on-going problem with a double glazing contractor. Over a year ago I employed a company to replace 7 windows and 2 doors in my property, having previously seen their work a colleague’s house.

They did the fitting - although there were several problems and I was forever chasing them to fix problems and complete the work. All work undertaken was/is covered on the 10 year guarantee issued on completion.

A couple of months back I had a problem with a rear bedroom window that was fitted - namely that one of the retaining screws (on one of the windows that opens) fell out and this left this window unsafe. The company owner eventually attended and the problem was 'sorted' by the insertion of an extended screw. Unfortunately this window continues to be a problem and a clear gap in the seal has developed (possibly due to the previous problem) which means that the window lets in significant cold air and that bird/traffic noise is very audible from the room.

I have contacted the company owner by letter three times now, informing him of this problem and asked him to attend and assess the window; however, he has failed to respond on each occasion. Because of the previous issues we have had, I have the feeling that he may not respond and I am now looking at escalating the matter. I feel that he is contravening his own guarantee which clearly states that his company guarantee to repair or replace defective materials notified to them.

There is also some bad feeling as the company owner misled me at point of sale as he (and the company's paperwork) indicated that his company were members of the Glass and Glazing Federation and also The Guild of Master Craftsmen – a fact that was partially conducive to me accepting his quotes. Unfortunately during fitting/fixing stage I started having doubts and contacted both of these organisations only to be informed that the company was not registered as members with them.

Since finding out this I have also contacted my County Trading Standards Dept about this, however, they feel that because this is a minor issue and the company have not got a 'list' of complaints against their name they would not feel consider pursuing the matter.

I am therefore left to consider my next step. My initial thoughts are to get alternative contractors in to assess the window and complete the work and then send the bill to him. I assume then when he fails to pay I shall need to go down the small claims court route?

Any advice before I proceed any further.

DVardysShadow

Mick_Steel wrote: »

I am therefore left to consider my next step. My initial thoughts are to get alternative contractors in to assess the window and complete the work and then send the bill to him. I assume then when he fails to pay I shall need to go down the small claims court route?

Any advice before I proceed any further.

That is about right. Before you do this, send him a final letter stating the problem and efforts to engage his involvement and giving him 14 or 21 days notice of your intent. Keep a copy.

Upwind

Just found out that the contractor's company was dissolved two weeks ago. Have since contacted the insurer who underwrote the Policy of Insurance only to find out that as the company was voluntarily struck-off and that the policy does not cover the remidial work required. It basically says that the term 'Ceased Trading' means:
"ceasing to trade due to Liquidisation, Receivership, Administration or the winding up of the business due to Bankruptcy, State Retirement or Death of the Principal(s)", therefore being voluntarily struck-off is not included and they are not required to undertake any work left by the contractor.

As a result it would appear that I am up S**t creek without a paddle as the company no longer exists and the insurance doesn't count as he didn't cease trading due to one of the above reasons.

Is there anyone out there who can advise if there is another route?

4743hudsonj

DVardysShadow wrote: »

That is about right. Before you do this, send him a final letter stating the problem and efforts to engage his involvement and giving him 14 or 21 days notice of your intent. Keep a copy.

Recorded delivery too!

4743hudsonj

Mick_Steel wrote: »

Just found out that the contractor's company was dissolved two weeks ago. Have since contacted the insurer who underwrote the Policy of Insurance only to find out that as the company was voluntarily struck-off and that the policy does not cover the remidial work required. It basically says that the term 'Ceased Trading' means:
"ceasing to trade due to Liquidisation, Receivership, Administration or the winding up of the business due to Bankruptcy, State Retirement or Death of the Principal(s)", therefore being voluntarily struck-off is not included and they are not required to undertake any work left by the contractor.

As a result it would appear that I am up S**t creek without a paddle as the company no longer exists and the insurance doesn't count as he didn't cease trading due to one of the above reasons.

Is there anyone out there who can advise if there is another route?

Is/Was the company a private limited liability company (must have the "Ltd" suffix as part of their name, may not be on advertisements though)

if not then you may be able to pursue the owner directly for costs.

Upwind

It was certainly a Limited (Ltd) company and registered at companies house

4743hudsonj

Mick_Steel wrote: »

It was certainly a Limited (Ltd) company and registered at companies house

Worth a try:beer:

Hintza

Is there an administrator?

I think your stuffed, time to employ the blokes with dark suits and sunglasses to extract a pound of flesh.......;)

Upwind

Hintza wrote: »

Is there an administrator?

I think your stuffed, time to employ the blokes with dark suits and sunglasses to extract a pound of flesh.......;)

No administrator I'm afraid - just spoke to trading standards also who agree that I have few options. Just makes me mad that I have an insurance backed guarantee which I presummed protected me against this very thing, only to find that it is selective on which claims it wants to pay out on - I could not have forseen how the company would fold and this seems to be an overly easy way of getting out of any difficulties for the company owner.

I shall ensure that I pay the company boss back in full though - he who laughs last..... etc

Equaliser123

Hang on. Think there may be an issue with terminology here. Was it a creditors voluntary liquidation? If so, I can't see why this isn't covered by the insurance scheme.

Upwind

It was not liquidation or I would be OK. Just spoke to Companies House and the company was apparently closed down (by Companies House) for not filing it's accounts - not sure if this makes any difference?

Any knowledgable soul out there?