Please help...What are my rights?

paulalde

Good morning, I was hoping someone may be able to give me some advice.

I have an ongoing issue with a window company (reasonable size and reputation) who are demanding payment for windows that are not installed to the standard that they should.

Long story short my pvc sash windows don't sit right in the frame and when fully closed there is an angled gap in one corner (but not the other) that is letting draft in. Aside from the draft it looks terrible and is a right eye sore.

To add to my troubles 3 of the ground floor windows tilt function does not work properly whatsoever with the sash pane bending and grinding when opened. All of the upstairs units work like a dream opening with ease and free of obstruction.

These issues were raised with the company as soon as they were installed who have so far done everything possible to shift blame and say this is the way the we are operating them. They have even tried to charge us a £100 fee for someone to come and take a look at them.

Also a minor issue is one of the sash horns was damaged by an installer. We were told a replacement would be sent which hasn't happened to date.

So the situation is I've paid 50% of the total cost upon ordering and the other 50% is due when installation is complete.

I've told the company I'm unhappy with the way the windows are operating and I have never signed the invoice to say I was happy with installation. I've told them that I will pay the remaining balance in full once the window are rectified.

I've even suggested paying for the windows/installation for the windows I'm happy with and pay the remainder once the problematic windows are fixed.

The company are unwilling to cooperate and are demanding I pay another £1000 of the balance before they send an engineer round.

I'm not happy with these willy-nilly figures and have asked if they can invoice me for the windows that are problem free and I'll pay the difference based on the 50% already paid. The company refuse the entertain this.

I've now come to a stand off as I refuse to pay for a service that isn't up to the standard advertised or acceptable. Should a company demand payment before rectifying the issue when the agreement was 50/50 before and after installation?

I need some advice on where to go next, what to do. The guy at the company I've been dealing with is pretty condescending and I don't think our complaint is being taken seriously. We've asked for further contact details to put a complaint in writing but he's just said all complaints go to him. I think they will soon threaten to take me to court. If I pay I have no faith they will rectify the windows. Please help!!

I've made it clear I'll pay the full amount once all issues are dealt with, so it's not like I'm trying to get money knocked off. I'm so disappointed in the company and how unprofessional they have been in trying to use bully tactics and shifting blame. I feel like telling everyone their name but to be fair I'll be professional about it until our business is complete.

In their latest email they have said 'the terms of the contract say we can't just refuse to pay'. Surely I have rights?

What next then?....

phill99

Are they members of the GGF? (Glass and glazing federation). This is the trade body that will deal with disputes.

paulalde

Thanks very much! They are a member and I've found the contact form for disputes.

Has anyone ever been in a similar situation to this?

ian103

you need to deal with them in writing, stating what the issues are, what you require them to do etc.

personnally I think your paymnet offers are fair, but again you possibly need to spell it out to them.

if it goes to court you need to prove you were willing and prepared to pay (perhaps you even need to pay for the good windows) for works properly carried out, the defective windows have no value.

as a suggestion resort you could get a specialist in to assess the works and advise on the remedial works required (and a cost to put right) as this is really what should be deducted from the bill. I would write to the company stating what that this is what I was doing and advising that the specialist costs wil also be deducted from the final bill.

paulalde

ian103 wrote: »

you need to deal with them in writing, stating what the issues are, what you require them to do etc.

personnally I think your paymnet offers are fair, but again you possibly need to spell it out to them.

if it goes to court you need to prove you were willing and prepared to pay (perhaps you even need to pay for the good windows) for works properly carried out, the defective windows have no value.

as a suggestion resort you could get a specialist in to assess the works and advise on the remedial works required (and a cost to put right) as this is really what should be deducted from the bill. I would write to the company stating what that this is what I was doing and advising that the specialist costs wil also be deducted from the final bill.

Thanks Ian, the thing is I'm not even asking for a discount. I'll pay the full price but only once the windows are problem free. I've offered to pay for the windows that are fine and I'd do that right now; but the company won't accept anything less than another £1000 to proceed.

I've already paid 50% at just over £2000 so another £1000 equalling £3000 would be more than the value of the good windows. I really don't see why they are objecting to fixing the problems until I pay more unless they have no intention of doing this and just getting more money from me before cancelling my contract leaving me with no warranty or FENSA certificate.

Clive_Woody

I would suggest you write to them and send it recorded delivery stating your offer to pay for the windows that have been correctly installed and requesting that they send somebody to inspect and correctly install the remaining windows after which final payment will be made.

If it then goes to court you have written evidence of you making a reasonable offer and asking them to remedy their mistakes.


Personally I would withhold the full 50% and state that installation is not complete and that the job is not finished to your satisfaction and to an acceptable standard. I would then give them 14 days to sort out the installation after which you will use the remaining money to pay another company to fix their mistakes.

ian103

paulalde,

i'm not suggesting you are after a discount, but as per Clives post it most important to get things in writing (not text email verbal etc) when things go wrong. you need to get accross your points as 'evidence' in case it goes legal. the judge is likely to take a very dim view of the firm if they proceed if they can clearly see it laid out that you will pay once the works are properly installed / completed. If you end up emplying others it needs to also be spelt out that you will be deducting the costs of any monies due.

ian

paulalde

ian103 wrote: »

paulalde,

i'm not suggesting you are after a discount, but as per Clives post it most important to get things in writing (not text email verbal etc) when things go wrong. you need to get accross your points as 'evidence' in case it goes legal. the judge is likely to take a very dim view of the firm if they proceed if they can clearly see it laid out that you will pay once the works are properly installed / completed. If you end up emplying others it needs to also be spelt out that you will be deducting the costs of any monies due.

ian

Thanks Ian/Clive appreciate the advice.