Withholding payment?

Deedee29

I recently had new windows and doors fitted and every fitting was marked or scratched. Other damage was caused caused in the house during the installation. The company have attempted some repairs and replacements, with others to follow and offered to pay for repairs for the damage. However there are still problems unresolved and the repair cheque has been 'in the post' for about 4 weeks now.
How do I stand withholding payment until everything is sorted, and do I have any way of making them move quicker. Really want this resolved as it's giving me stress!!!!!

bod1467

How much balance is remaining to be paid?

What does the contract say about payment terms/milestones?

Did you go with the company wanting scaffolding?

Deedee29

Regrettably yes we did...

We haven't paid anything yet - payment was supposed to be once we were happy, but each round of repairs seems to bring new issues. Many of the issues are cosmetic and they are reluctant to deal with them all but I'm unhappy accepting work with defects.

Optimistic6

Withholding payment is technically a breach of contract. You can pay the trader in order to avoid being pursued but you must state that the payment is made under protest. You have rights under two heads of law, firstly the Supply of Goods and Services Act 1982 (covers the service, i.e should be administered with reasonable care and skill) and secondly the Sale of Goods Act 1979( as amended )that states goods should be fit for purpose and of satisfactory quality (relates to the goods received).In terms of the Sale of Goods Acts the goods should be durable.


The reverse burden of proof applies here (first 6 months following purchase it is the traders responsibility to prove that the goods/service are not defective. After 6 months the onus is on you to prove fault.


Your rights/remedies


If fault occurs within 28 days -full refund


if not, a repair (must be full and effective)


replacement (like for like)


or partial refund (based on any usage)


Good Luck

arcon5

Actually isn't this a Supply of Goods and Services Act issue rather than SOGA and rules & regs differently since they are made to order.

yangptangkipperbang

Optimistic6 wrote: »

Withholding payment is technically a breach of contract.

Not if the seller himself is in breach of contract over the quality of the goods supplied..........................