Garage door problems

BykerSands

phil24_7 wrote: »

I shall also stand by what I have said.

This 'alleged' breach was by the company meaning the OP can start a claim. (I still say the breach hasn't occurred until the company refuse to return to correct the works) Until the money has been requested (via an invoice) and refused the company cannot bring a claim as the OP has not breached the contract. (their end being to pay for the works).

Are you still failing to accept there's a breach?

Are you still failing to accept a professional garage door fitter damaging the frame when fitting hasn't done the work with reasonable skill and care?

Are you still failing to accept the company has six years to claim any money the feel they are due?

phil24_7

Your understanding of a breach and mine seem to be different. Scratching a frame whilst installing is not major and nor does it show a lack of care, not sufficiently for a court to rule a breach. It is merely a small accident that can happen to all of us. The company would be expected to put things right (along with the finish on the garage door) and if this is done the contract can be completed and the OP would then be expected to pay.

Even if there was a breach, the company cannot start proceedings on this basis as they themselves would have committed the breach.

They may try to claim it was all fitted correctly but with evidence to the contrary (the photo's) they would fail and the court would likely award an amount to the OP to remove and dispose of the door and say they do not have to pay the outstanding amount.

If they wish to claim on the basis that that they have done some work, they will need to make a claim under 'equitable remedy' and the time period is less than 6 years. This would also likely fail as both the door and the fitting appears to be not fit for purpose and the frame was damaged during installation.

The OP is welcome to listen to you, me or neither of us but I think we have discussed this enough on this thread. The reason you and I see things differently is exactly why we have solicitors to argue the points of law in court. Incidentally I have still not lost a case in court, neither civil nor criminal and I would love to be in the OP's position in this as they have a very good case whichever way the garage door company wishes to play it.

Regards
Phil

BykerSands

1. It was fitted wrongly so we contacted the firm,
2. Who returned to refit it. In the process the frame was scratched.
3. They tried to touch it up by hand but the paint didn't match.
4. Now the sealant round the frame is melting away in the rain.
5. Somw of the paint is starting to peel away near the bottom!

We really don't want to pay for this. He's not happy and doesn't consider the work to have been completed with reasonable skill or care. Nor do I.

He came on here for help so why are you intent in arguing? Surely your advice to him should be accidents happen pay up.

phil24_7

I'm offering him help and advice, it just differs from what you think is help and advice. I have recommended he write a letter to the company asking what they will do about the situation. This will put the ball in their court and he can take it from there.

So far you have offered no real advice for the OP. Just barked 6 years at me and keep telling me I'm wrong. If I'm so wrong, offer some decent suggestions to the OP.

Lets say it is a breach of contract by the installation company. The company can't take the OP to court because of their own breach. They can only take the OP to court once they have issued an invoice and the OP refuses to pay all or part of this invoice.

Until the OP receives the request for payment (the invoice) he his not required to pay.

BykerSands

Your first post said.

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.

I and another said they have six years.

pappa_golf wrote: »

6 yrs to chase you for payments , I suggest that you write to them by first class post with proof of posting stating that they have "x" number of days to complete the job , at which point you will pay them , or after that time you will arrange for it to be removed and an alternate one fitted , the door can by collected by appointment , but you will be charging a storage fee after "x" days.

You seemed to want to argue when the six years started. I told you and you began to argue.

When the OP posted

thestens wrote: »

But I really don't want them to complete the job! I have no faith, considering the faults listed above and the lack of communication, that they can do a better job! So where does that leave us?

He was told.

pappa_golf wrote: »

you have to give them a chance , perhaps they are having internal communication problems , ie sales think the job is done , but the workshop don,t know about the outstanding repair

He needs to follow the correct procedure. Maybe you can short cut things and reprint him on this one too.

phil24_7

Where did I say he should deny them access?

I'm sure your 6 years comment has helped the OP no end and they shall be fully prepared should they end up in court!

I cannot see pappa golfs posts on this thread, am I missing something?

As it happens his advice about posting 1st class is wrong. Proof of posting is not proof of delivery (though it seems the courts can deem things delivered just by posting, but that's a discussion for another thread).

Have you missed the posts where I have suggested what he needs to do going forwards? This is not short cutting things, but hey ho, ski the bits you don't want to read!

Do you have some legal background? If you have professional knowledge then I will gladly cede to you. My understanding of UK law has guided me very well so far, so until a learned person advises me otherwise I shall stick to it.

Furts

I will dodge the legalities and chip in with technicalities. One needs to know more - is it a metal frame or timber? Likewise metal or timber door(s), and side opening or up and over? Then the price, brand and quality.

If the peeling paint is on the bottom of an up and over door this is likely to be from catching on the ground. Hence poor fitting is a cause, or general poor quality door protection. But equally the consumer has to keep this area clean - if grit and dirt build up have caused the problem the consumer cannot go back to the supplier.

Hence one does not know if the fitting is currently satisfactory.

Melting sealant suggests acrylic has been used. An external acrylic should, in theory, cope, but I would not use it in exposed locations. This is relevant because garage doors are exposed items by nature. Equally I am aware of cowboy fitters using painters caulk to seal up, (which is an acrylic), and most should never be used externally.

I am wondering if OP has purchased poor quality door(s), from a poor quality supplier, who have sub contracted the installation to cowboy fitters. This scenario is particularly likely if it is an internet purchase.

Once the answers to my queries are forthcoming one can consider what the next move should be.

thestens

Ok thanks! Looks like we will have to write to them and hope that they won't try to fix it and are cutting their losses! Now it seems like the door itself will need re spraying or replacing they may well think it's not worth their time - I hope!!

thestens

By the way, it's a electric roller door, not off Internet, supposedly reputable firm, specially sprayed to match external woodwork, will be £1000 plus if we do have to pay!!

Furts

thestens wrote: »

By the way, it's a electric roller door, not off Internet, supposedly reputable firm, specially sprayed to match external woodwork, will be £1000 plus if we do have to pay!!

Best of luck with this, but it is a huge cheek to expect such a door to be FOC.

Consider an analogy with a new car. If this has a scratch somewhere you do not expect this FOC.