Bank as a credit supplier - any responsibility?

markdavies2013

Thanks for all the info,. The fact is that the Safestyle rep and the Safestyle website said/say any faults will be dealt with 'quickly' (quote). It was on the basis of this, that I went ahead with ordering/paying for the work.
This is the third fault in just over a year. One was being unable to lock the back door! In two cases, they said it would take 3 weeks-a month to come round. I do not call that 'quickly'. In this latest case, I reported it on 29 March and someone is coming round to (hopefully) deal with the fault on 25 May. I do not consider nearly two months 'quickly'.
I wrote a complaint on 31 March and after receiving an acknowledgement, heard nothing further and yet on its website, it says it will handle complaints by a stage-by-stage procedure.
As far as I am concerned, using this company was a big (and costly) mistake and I am tired of being treated like this which is not what was promised. And this latest fault isn't just cosmetic. it has a potential security aspect.
(My neighbour also had two doors fitted in 2015. Within months, neither could be closed and he had to call Safestyle in).

Lemonsqueezer78

Well, your question has been answered. You have the right to sue Safestyle and/or the creditor for any contractual breach or failure you feel you have suffered. It is down to you to determine if you feel you can demonstrate a clear breach of contract in this case. I merely pointed out that a service complaint is not necessarily the same as a breach of contract.

Good luck with whatever you decide to do.

glennstar

markdavies2013,
Can you answer any of the questions related to the firm and the works that were carried out? Is this SafeStyle the one I posted in my link above? If so then they are registered in Jersey and not the UK. If it is then they are FENSA registered which means there is an insurance route open to you which may not be reliant on them doing the work if they have proved themselves incapable/unsatisfactory.

There are obviously conditions on this, primarily the type of works carried out. If they have fitted windows and doors then I suspect you have a case. I would make a quick call to FENSA before doing anything else. It will be low effort and may save you a lot of time, money and frustration.

eddddy

Lemonsqueezer78 wrote: »

Well, your question has been answered. You have the right to sue Safestyle and/or the creditor for any contractual breach or failure you feel you have suffered. It is down to you to determine if you feel you can demonstrate a clear breach of contract in this case. I merely pointed out that a service complaint is not necessarily the same as a breach of contract.

Under section 75, the OP can make a claim for breach of contract or misrepresentation.

Also, there are statutory implied terms in every consumer contract - that the goods are of suitable quality and that they are fit for purpose.

So it sounds like the OP would need to start building a case around one of the following:

a) Misrepresentation - the salesman said problems would be fixed quickly (but they're not)

or

b) Breach of contract - the doors are not of suitable quality

markdavies2013

Many thanks to all those people who have provided information tht will help me decide on what to do. Someone is supposed to be coming this week to sort out the door but I will have to wait and see how this proceeds.
To my amazement, and I am sure readers here will consider me an idiot, on looking through the paperwork, I recalled that I paid over £1300 for just the door and the side panel (that together make a porch). I was promised 'top of the range' goods and fitting and a 'quick' response if any faults developed, so it seemed like good value.

BrassicWoman

I've paid £1k for a door and it's been worth every penny. Local guy, popped out twice to fix a problem with the hinges same day each time.

Lemonsqueezer78

eddddy wrote: »

Under section 75, the OP can make a claim for breach of contract or misrepresentation.

Also, there are statutory implied terms in every consumer contract - that the goods are of suitable quality and that they are fit for purpose.

So it sounds like the OP would need to start building a case around one of the following:

a) Misrepresentation - the salesman said problems would be fixed quickly (but they're not)

or

b) Breach of contract - the doors are not of suitable quality

I agree with you in principle - my point was, demonstrating "unsuitable quality" or "misrepresentation" is not easy, irrespective of whether it is the supplier or the creditor that you drag in to the dock.. Both of your points essentially boil down to a breach of contract. However isolated product defects in and of themselves do not equate to a contractual breach if remedy has been offered, and the complaint basically boils down to how quickly the issue is addressed rather than a total failure to address it.

Proving that an entire range of windows and doors (that many other customers have actually apparently been very satisfied with) and even have industry accreditation - are universally unsuitable or being misrepresented would not necessarily be a straightforward thing to prove to a court, if it came to that. Which it possibly would if the claim was large.

All I'm saying is that S75 doesn't alter or lessen the burden related to what needs to be proved. It really only affects who you can drag in to the argument.