Window fitter refusing to come back and make repairs

soundslive

Hi, looking for a bit of advice, we had new double glazing fitted around 4 months ago and have problems with it since fitted. Glass has had blemishes in it, lead has been the wrong size, beading doesn't fit, window supplier/fitter originally assured us it would be put right, and has since made 2 visits to the property to put this right. Both times they have left it in a worse state than it was before they started. Now they are not returning calls. I want to go to a solicitor and seek legal advice over this but wife is trying to give people the benefit of the doubt and see what they offer, which is nothing as they don't ever get back to us. What are our options? We have had another company in to do work at. The property who's work has been excellent, I would love for the to put the original work right and pass the bill on, but obviously isn't as simple as that. This is a small local company not a large national. Any advice gratefully received. Thanks

keystone

Stop ringing - write. Signed4 (recorded) delivery letter (not email). Detail the complaints but keep it factual and don't let it get emotional. Give them two weeks to come and do the necessary remedial work (or if you want to be generous a little more time but two weeks is normal) and if they don't you will have to consider your position.

If they don't respond in two weeks then send a Letter Before Action again detailing the complaints but include details of your financial claim against them (ie the cost of getting someone else in to sort it out). You can only claim your losses by the way. Sums such as £ 50 for distress 'cos Auntie Mabel's cat passed away due to the stress of this situation can't be claimed. They have 28 days to respond to that and if they don't then you can enter your claim via Moneyclaim Online which will automatically result in papers being issued by Northampton County Court.

You might also like to involve FENSA and Trading Standards and perhaps you should hint at that (no threats mind) in the first letter. Company is FENSA Registered I suppose?

Cheers

ValHaller

As above. Formal letter of complaint plus reasonable time to fix problems. Followed by another explaining that you will get another contractor to do the work. Then Letter Before Action. There are no specific timescales other than 'reasonable'. 28 days from LBA to opening a claim sounds reasonable.

Keep copies of letters and proof of posting. As you have not yet written, make sure that your first letter records the fact of phone calls - but avoid long recitations of discussion - or even short summaries. For the court it is enough that you claim to have made contact with a name and nothing has been done.

Leif

What Keystone said. By law you must give them a reasonable opportunity to put right, and if they fail to respond, or do an acceptable job, you can employ someone else and claim back costs. It is essential to use signed for letters so you can prove they were sent and received.

macman

If you've employed another contractor before making a formal complaint in writing, then you're going to struggle to reclaim that cost.
Small claims process is the way to go, if it's under £10K.