Shoddy workmanship

diamond_dave

Had UPVC sash windows and door fitted recently. The job is a complete mess, windows out of line,draughts,etc,etc. Wrote to the fitter refusing the windows and arranged a meeting to sort out the problems.Reluctantly, he agreed to carry out the repairs and started on monday(18th) Yesterday, my daughter gets a really nasty abusive call from him demanding payment and stating that he will replace the locks if I don't pay him immediately, thus denying me entry. As this is a rental property, I need to get this rented asap.What are my rights if he has indeed replaced the locks without my permission? i have documented everything and have loads of pictures of the poor workmanship.

Looksguywalker

It looks like a business to business transaction and not a consumer rights problem?

spacey2012

Your rights are :
You give him once chance to complete the work.
If this is not done, you employ someone else, to make the job satisfactory.
You then subtract the remedial and rectification work invoice from the bill of first company and pay the first the remainder of the value giving written instructions as to why.
You need a basic report of the remedial work by the remedial contractor and photographic evidence on a quality camera and prints made.
You supply the first contractor with copies of all and let them attempt to sue if they think they have a case, which they wont.
If any Locks have been changed, employ a locksmith to change them back and subtract this from the bill. Once they have failed to redeem inform them that trespass and criminal damage charges will be brought if they attempt to interfere with the property or gain access.
Do not pay them anything until the project has been finalised

diamond_dave

Update: have just visited the property and he has changed the locks. I emailed him that what he has done is technically theft & have given him 24 hrs to rectify the situation otherwise legal action will follow. The windows actually look much better, but until I get inside I cannot be certain. I have not paid him a penny, and his attitude has merely got my back up. What next?

molerat

If he does not let you in then you employ a locksmith to get you in and replace the locks, keeping all receipts of course, and deduct from the bill.

bod1467

Would him changing the locks constitute criminal damage?

molerat

Probably, but getting plod out of the pie shop for a "civil matter" would be too difficult.

diamond_dave

Spoke to the police and they agree that he is in trouble - he has committed at least 1 offence and poss. some others. Good news is he has really backtracked and apologised for his actions. i shall go tomorrow and check his work. this has been a bitter experience but goes to prove that you can trust no one, no matter how nice and experienced he appears. Make sure you take notes and photos and never pay until the work is done.Thanks for all your replies.

ValHaller

diamond_dave wrote: »

Update: have just visited the property and he has changed the locks. I emailed him that what he has done is technically theft & have given him 24 hrs to rectify the situation otherwise legal action will follow. The windows actually look much better, but until I get inside I cannot be certain. I have not paid him a penny, and his attitude has merely got my back up. What next?

Well, he has wasted your afternoon. Inspect when you have the next opportunity. Don't pay anything until you have inspected - and deduct for your time in sorting out the locks

arcon5

Personally i'd just deduct the cost of sorting locks out and not even bother deducting a figure for your time, just get the work checked and move on.

diamond_dave

Final Update: inspected the windows today and they are MUCH better all vertical and true - door opening and closing properly. I do think that I can hold off payment as he apologised for his attitude.Yesterday pm he phoned to say that he had replaced the original locks so I am sending the cheque via recorded delivery just in case. As an aside, I called Fensa thinking I would get some help or advice and the girl on the phone was exactly "..computer says no"! No help at all they only deal with building regs.apparantly. So why bother with Fensa?