Double Glazing - Rights & Legalities

tblackburn

Does anyone have any experience of a double glazing company fitting the wrong windows?
I did all the right things, obtained lots of quotes, viewed lots of windows, but what I did wrong was choose Morton Windows. I chose the company based on what they said they would supply in the quote, it now turns out that they are unable to supply what they quoted for. The contract I signed means nothing to them. The surveyor who measured up for the replacement windows ordered the wrong windows from their supplier John Fredericks. Morton Windows has admitted it made the mistake and that I was not at fault. However, they withdrew an earlier offer to replace the windows for the correct ones and now want me to accept what they've given me and pay the rest of the outstanding money. Despite solicitors letters, they refuse to replace the windows with what I ordered. How can a company legally be allowed to do this?

thebaldwindowfitter

Have they put in writing that they have made a mistake in what way are they wrong are they wrong is it frame design wrong energy rating .As long as youve got something ie order form stating that they havent installed what was asked for then dont pay

tblackburn

They haven't said in writing they made a mistake, but they said it in a meeting which I have on tape. Also, you'd think their offer to replace the windows was an admission of it being their error - an offer they later withdrew.
The profile of the windows is wrong (they installed chamfered instead of ovolo) and the energy rating is not what they stated in the quote (they installed A+4 not A+8).
I'm not going to pay, but I reckon they're going to take me to court.

Furts

Hi tblackburn
With solicitors involved I am suggesting this complaint has progressed beyond the mse forum stage. This may be why there are so few posts. None of us are privy to who, what, why with the solicitor.

Two items puzzle me, and you may wish to reflect and enter further comments.

I would expect you to be present when the fitters unloaded the wrong windows from their van. Others are welcome to challenge me on this, but the wrong profile is like buying a new car then subsequently complaining that it was supplied with the wrong colour paintwork. In other words it is blatantly obvious.

Why did you not intervene and stop the problem? Leaving aside legal issues, we all have a duty of common sense and mitigating losses.

The other point is why were you taping a conversation? Did you formally notify the window company of this before commencing the meeting? I am assuming there has been a structured meeting, with written records? If so, by definition, the offer of replacement windows will be formally recorded. If you have not followed this procedure, it could be argued that you have brought misfortune on yourself. Albeit not intentionally.

Hope this helps.

tblackburn

I was present when the windows arrived and immediately noticed the handles and locking mechanism on the windows were wrong. The frame of the window was chamfered but they had disguised this with ovolo beading so the profile error was obscured initially. I phoned the company and told them about the handles and locks - they continued with installation. Yes perhaps I should have been more forceful and stood in the floor to ceiling gap created by the removal of the original window and prevented further work.

I taped the conversation as they have changed their story along the way and lied about what they can supply from the start, so I wanted to be able to transcribe the meeting for accuracy. Yes the offer to replace the windows was in writing, but they withdrew that saying I did not respond in time - is the next day not in time?

I expect you are right, this may not be the place to get useful advice for a complicated problem.

macman

This company sounds like a clueless bunch of amateurs.
Assuming that you have only paid the deposit, and that you have rejected the install in writing by recorded delivery, the the ball is very much in their court and you just have to sit and wait to see what they do next.
They cannot be compelled to replace the windows-you can only seek compensation by means of a civil action. Has your solicitor not given you this advice?

tblackburn

Hi macman
Yes I've only paid the intial deposit, which I'm obviously very glad about, and I've confirmed in writing time and time again that the windows are not what I ordered and not whats on the contract. The solicitor has also confirmed to me and to them how they have breached the contract and not conformed to the Sale of Goods Act 1979. Nevertheless, they still want to change the handles to the correct ones, and then for me to pay the outstanding balance.
As you say, I can't make them replace the windows, so I shall just have to wait for them to take me to court. Solicitor has said about small claims court, but I'm not sure what I would be claiming as I haven't fully paid for the project. The solicitor also suggested mediation - but again thats another cost to me on top of the solicotrs cost. So its getting a bit much!

Furts

tblackburn wrote: »

Hi macman
Yes I've only paid the intial deposit, which I'm obviously very glad about, and I've confirmed in writing time and time again that the windows are not what I ordered and not whats on the contract. The solicitor has also confirmed to me and to them how they have breached the contract and not conformed to the Sale of Goods Act 1979. Nevertheless, they still want to change the handles to the correct ones, and then for me to pay the outstanding balance.
As you say, I can't make them replace the windows, so I shall just have to wait for them to take me to court. Solicitor has said about small claims court, but I'm not sure what I would be claiming as I haven't fully paid for the project. The solicitor also suggested mediation - but again thats another cost to me on top of the solicotrs cost. So its getting a bit much!

I suggest you are in a position without great cause to worry.

You have windows for which you have paid only a deposit. Ultimately if the case ends up in court will only be required to pay what is fair and reasonable. This will be less than what you were quoted.

To present your case at Court you would need an expert witness report. Ideally this will be arranged in advance in conjunction with the window company. It will be binding on both parties.The cost will be shared. It is imperative that you commission this and from a savvy expert witness.

There is little chance that the judge will award replacement windows. It is probable he may not even award replacement handles.

One assumes the case is within the Small Claims limits. Only you know this answer.

Be careful of running up costs with a solicitor. He, or she, may want to help you go to Court but you will probably not get these costs reimbursed. The Small Claims is meant to be simple, or poor mans, law. You are expected to deal with it yourself. It is fine to get assistance, but do not expect to get these costs back.

I am sure your solicitor has briefed you on all the above points - that is what you are paying for.

Hope this helps.

tblackburn

This messy situation is still ongoing - currently waiting for a call back from trading standards. In the meantime I was wondering what would happen if I went out and got the windows replaced with ones I actually wanted, and gave Morton Windows theirs back... Not saying I'm going to do it, but I would I still be liable for the windows Morton Windows fitted - which weren't what I ordered on the contract?
:think: