Garage door problems

thestens

In June we had a new garage door installed. It was fitted wrongly so we contacted the firm, who returned to refit it. In the process the frame was scratched. They tried to touch it up by hand but the paint didn't match. We sent photos of how it didn't match and phoned them. They said we needed anew frame ordering. Since then we have heard nothing. We haven't paid anything. Now the sealant round the frame is melting away in the rain and some of the paint is starting to peel away near the bottom!
We really don't want to pay for this and don't trust the firm any more to put things right. How long do they have to claim payment? We think they may just be cutting their losses, as the work required to put it right probably isn't cost effective.
If we don't have to pay, we will replace the sealant ourselves and repaint it when necessary, then get a replacement from another company in the future. But at the moment we are loath to do anything, in case the firm says we have tampered with the door ourselves.
Any suggestions what to do?

phil24_7

It's a few years they have to claim the payment from you, however the longer they wait, the less chance they have of getting it.

Take lots and lots of pictures and email them to yourself (or a family member) for evidence.

I would also write them a letter stating the problems (and anything they have said they will do) along with a request for what they are going to do about it and send this by recorded delivery. State in it that they have 21 days to respond else you will take it that they no longer require payment and that you can keep door and all ancillaries free of charge.

Regards
Phil

phil24_7

How long has it been since your last contact with them?

Regards
Phil

thestens

October I think, maybe before, not sure but can check.

phil24_7

They could well try to leave it a while before claiming payment...perhaps waiting until after any warranty period! Like I said, keep a shed load of pictures as evidence and send them a letter.

You may get lucky and be shot of them but they may also wish to try to rectify it and get the money from you.

Regards
Phil

BykerSands

phil24_7 wrote: »

It's a few years they have to claim the payment from you, however the longer they wait, the less chance they have of getting it.

Take lots and lots of pictures and email them to yourself (or a family member) for evidence.

I would also write them a letter stating the problems (and anything they have said they will do) along with a request for what they are going to do about it and send this by recorded delivery. State in it that they have 21 days to respond else you will take it that they no longer require payment and that you can keep door and all ancillaries free of charge.

Regards
Phil

They have six years.

phil24_7

It is 6 years where a 'simple contract' has been fulfilled however I was lead to believe it is less where one has not, and a claim for equitable remedy is made? Please correct me if I am wrong as I don't want to mislead the OP.

Either way, the contract has not been completed so you are not required to make payment yet.

BykerSands

phil24_7 wrote: »

It is 6 years where a 'simple contract' has been fulfilled however I was lead to believe it is less where one has not, and a claim for equitable remedy is made? Please correct me if I am wrong as I don't want to mislead the OP.

Either way, the contract has not been completed so you are not required to make payment yet.

That maybe for a court to decide and they have six years to start proceedings.

phil24_7

6 years from completion of the contract which hasn't happened yet.

BykerSands

phil24_7 wrote: »

6 years from completion of the contract which hasn't happened yet.

Incorrect. Unless otherwise stipulated, the time periods begin either on the date on which the breach of contract occurred, or the date the negligent act or omission occurred.

phil24_7

But the contract hasn't been fulfilled yet as the damage caused during installation to the frame hasn't been sorted. Once that is done the company has fulfilled their side of the contract so the customer would need to fulfil their side. No breach, negligence nor omission has occured yet as the install hasn't finished and no invoice requesting payment has been sent.