uPVC Windows on HP - Have issues

JP1978

Hello,

Quite some time ago we were stupid and bought uPVC windows and doors from a national company. To be honest, we were duped. Thats our fault though.

We basically could of got better quality for our money.

The front and rear doors of the property are not fitted well at all, the back door especially lets a lot of air through as either the door or the frame is twisted so that there is not a good seal.

We did notice issues a few years after they were installed but the company had gone bump. Weve had a 'uPVC repair company' out who say that they were very badly fitted and he couldnt do much with them other than to take them out and re-fit which could ultimately damage them and then we would be stuck.

Now, although any 'warranty' we had with the original company is not worth the paper it is written on as they went bump (probably on purpose as they are trading under the same name but different ;-) ) the windows were bought on finance... a [STRIKE]HP deal[/STRIKE]."Home improvement loan regulated by the consumer credit act 1974"

So, as they are still on finance would the finance company have any responsibility for correcting the issues?

Weve only just thought of this, as we are in a position to setlle the remainder of the HP (about a years worth) and could if needed pay for the doors to be changed... but if we have any leverage over the finance company that could save us some money.

TBH, the windows arent great either but feel they can be fixed.

Thanks :-)

wealdroam

JP1978 wrote: »

Hello,

Quite some time ago we were stupid and bought uPVC windows and doors from a national company. To be honest, we were duped. Thats our fault though.

We basically could of got better quality for our money.

The front and rear doors of the property are not fitted well at all, the back door especially lets a lot of air through as either the door or the frame is twisted so that there is not a good seal.

We did notice issues a few years after they were installed but the company had gone bump. Weve had a 'uPVC repair company' out who say that they were very badly fitted and he couldnt do much with them other than to take them out and re-fit which could ultimately damage them and then we would be stuck.

Now, although any 'warranty' we had with the original company is not worth the paper it is written on as they went bump (probably on purpose as they are trading under the same name but different ;-) ) the windows were bought on finance... a HP deal.

So, as they are still on finance would the finance company have any responsibility for correcting the issues?

Weve only just thought of this, as we are in a position to setlle the remainder of the HP (about a years worth) and could if needed pay for the doors to be changed... but if we have any leverage over the finance company that could save us some money.

TBH, the windows arent great either but feel they can be fixed.

Thanks :-)

Are you absolutely sure that your purchase was paid for via a Hire Purchase agreement?

The reason I ask is that HP agreements are not covered by Section 75 of the Consumer Credit Act but most other types of credit agreements are.

If it truely is HP, then your doors actually belong to the finance company and you are hiring them from them.

Before going any further, check that the finance agreement really is Hire Purchase.

JP1978

Oooops, my bad... .its a "Home Improvement Loan" that is tied to the doors and windows and the paperwork says its regulated by the consumer credit act 1974.

wealdroam

JP1978 wrote: »

Oooops, my bad... .its a "Home Improvement Loan" that is tied to the doors and windows and the paperwork says its regulated by the consumer credit act 1974.

In which case, yes the finance company (fc) is equally responsible with the seller for performance of the contract.

As the seller no longer exists, you can look to the fc for a remedy.

Be aware though that the fc will almost certainly want some sort of independent report stating that the problems are due to poor installation and/or materials.

But speak to the fc first.

They'll probably ask you to get quotes for the remedial work, and hopefully they will then pay up without a problem.

Have a read of MSE's Section 75 article too.

JP1978

wealdroam wrote: »

In which case, yes the finance company (fc) is equally responsible with the seller for performance of the contract.

As the seller no longer exists, you can look to the fc for a remedy.

Be aware though that the fc will almost certainly want some sort of independent report stating that the problems are due to poor installation and/or materials.

But speak to the fc first.

Thanks, just reading that now.

The thought has only just come to me to be honest... to fill in the blanks:

The windows and doors were fitted around November 2004 and had a 10 year 'Guarantee'. We did notice the house was warmer except the kitchen. We assumed as two of the walls were external walls then this was the cause of the cold.

After a couple of years, we noticed that the back door especially had quite a draft through it so called out WeatherSeal to have a look. They came out and he did adjust the door that made it better.

Maybe a year after that the draft was back.... in honesty we kind of lost interest and just assumed there was nothing we could do and resigned ourselves that at some point we would have to get them fixed.

In 2012 the front door was getting especially hard to lock and so we had a 'uPVC doctor' out who did seem to be very knowledgable and reaffixed the front door frame and door and was much better. He tried to fix the back door but commented that it was very very badly installed, the frame was warped, either through bad quality materials or bad fixing, so the door would never able to be fully sealed against the frame.

We knew at this point Weatherseal had gone bump quite some time before so just assumed we would get the door replaced at some point.

Fast forward to today, we are in a position to settle the last 12 payments of the 'loan' and then get new doors fitted. The penny has dropped that the credit co are equally liable as Weatherseal.

Would the fact ive left it so long be a problem? To be honest, push come to a shove, I would be happy if they let us off the last 12 payments as that would be a decent chunk in getting it sorted.

wealdroam

Ah... 2004.

This means you are outside the time limit for a remedy under the Sale of Goods Act and you will have to rely on the terms of the ten year guarantee.

That shouldn't make any difference to the finance co's responsibility, because the guarantee is part of the contract you took out with the seller.

It will only make a difference if the guarantee has restrictions, like for example, "ten year parts guarantee, you pay labour", or vice versa. The guarantee terms are important in your case.