Faulty door / lock 3 years after installation

cookiemonster26

Hi,

I had a new upvc door fitted in Dec 2013. A fault has developed over the last 2-ish weeks, which means I can't get it open. It feels like the lock is stuck. I phoned the installers this morning, and they say that I would have to pay for them to come out and fix it. Is this right? I wondered if the consumer rights act might apply - less than 3 years doesn't seem reasonably to me?

Has anyone dealt with anything similar?
TIA

DoaM

You do have rights, under the Sale of Goods Act. However, as it is more than 6 months from purchase the seller can require you to obtain evidence proving (on the balance of probability) that the fault was inherent (present at the time of sale but not apparent).

WhyNot?

cookiemonster26 wrote: »

Hi,

I had a new upvc door fitted in Dec 2013. A fault has developed over the last 2-ish weeks, which means I can't get it open. It feels like the lock is stuck. I phoned the installers this morning, and they say that I would have to pay for them to come out and fix it. Is this right? I wondered if the consumer rights act might apply - less than 3 years doesn't seem reasonably to me?

Has anyone dealt with anything similar?
TIA

Consumer Rights Act would certainly apply if you are a consumer and you bought it from someone acting as a business.

Which bit of the Consumer Rights Act were you thinking of in particular?

The law essentially requires to be as described and fit for purpose when sold. If an item fails within 6 months, then the law says it's reasonable to assume in most cases that the prodiuct was faulty when sold unless the seller can prove otherwise. After 6 months, the burdon of proof changes and it would be for the buyer to prove the item was faulty at point of sale.

3 years is significantly longer that 6 months. You'd need to prove the seller was at fault by selling a defective item at the time. Whist there is also an expectation goods should last a reasonable time, there is also an expectation goods will not last forever.

Of course, you don't need to use the seller to re-open the door, one would hope any reasonable locksmith would be able to assist you so do feel free to shop around.

Alternatively, was the product supplied with any warranty? This would be in addition to any statutory rights and could assist you. Typically new windows & doors come with 10 years warranty or more, but you would need to carefully check the terms as to whether or not your specific complaint would be covered.

bris

What sticking? is it the handle that's getting difficult to push up?


It could just need some WD40 sprayed into the locking mechanism that runs the length of the door.


If the handle pushes up freely when the door is open then it could be movement in the door has misaligned it, there is pins at the hinges to alter it but that is a bit trickier to do.


Weather can have an impact on movement of the door, similarly movement in the actual house can too.

unholyangel

cookiemonster26 wrote: »

Hi,

I had a new upvc door fitted in Dec 2013. A fault has developed over the last 2-ish weeks, which means I can't get it open. It feels like the lock is stuck. I phoned the installers this morning, and they say that I would have to pay for them to come out and fix it. Is this right? I wondered if the consumer rights act might apply - less than 3 years doesn't seem reasonably to me?

Has anyone dealt with anything similar?
TIA

Consumer rights act does not apply as it only applies to b2c sales entered into on or after 1st October 2015.

However you should have rights under other legislation. Probably the supply of goods and services act if they provided the service of fitting etc as well as the goods.

Might be worth checking nothings blocking the frame along the multipoint locking system or trying a little wd40 as otherwise, due to it being after 6 months, it would be for you to prove the goods are inherently faulty before the provider would be liable to provide a repair or replacement (or refund - which can be partial to take into account usage you have had).

cookiemonster26

To answer some questions:

The first time it happened was a couple of weeks ago. We keep the door locked with the key in normally, so I turned the key and it felt like it clicked unlocked, but then I couldn't push the handle down far enough to open it. I also couldn't get it to lock again. I had to go out and leave it (I figured if I couldn't open it, then neither could anyone else). I tried it again when I got home and it just opened first try. It's been mostly ok since (if a little stiff to lock sometimes) so I thought it was just a one off. Now it's happened again today, and I can't get the handle down to open the door. I really don't know enough about doors to figure out whats actually wrong. I think when it's open it's fine.

I was thinking that the Sale of Goods act said it had to last a reasonable amount of time. I know it doesn't have to last forever but I think for a door to last less than 3 years in working order isn't reasonable.

I think I could probably change the lock myself, but I don't know that it's actually the door that is faulty. I don't know how else I could find out what the problem is.

cookiemonster26

unholyangel wrote: »

Might be worth checking nothings blocking the frame along the multipoint locking system or trying a little wd40 as otherwise, due to it being after 6 months, it would be for you to prove the goods are inherently faulty before the provider would be liable to provide a repair or replacement (or refund - which can be partial to take into account usage you have had).

I really don't want a replacement or refund, I just want them to fix it so I can let the dog out for a wee! :rotfl:

WhyNot?

unholyangel wrote: »

Consumer rights act does not apply as it only applies to b2c sales entered into on or after 1st October 2015.

However you should have rights under other legislation. Probably the supply of goods and services act if they provided the service of fitting etc as well as the goods.

...

Correct.
The Consumer Rights Act 2015 does not apply retrospectively.
However, all the act essentially did , at least in this regards, was to bring together parts of other existing legislation in an attempt to make it easier for the consumer to understand; the new act did not create or remove any existing rights or remedies in this regard (but it may have done in regards to say digital delivery)

[Deleted User]

cookiemonster26 wrote: »

I think I could probably change the lock myself, but I don't know that it's actually the door that is faulty. I don't know how else I could find out what the problem is.

What you describe is not the lock at all, but the hinges gradually dropping out of alignment over time. This is not covered by your guarantee/warranty (especially after three years), but is a five minute job to correct if you have an Allen or hex key and a bit of patience.

Watch here on YouTube
https://www.youtube.com/watch?v=2v5dDqB9iHs

Alternatively, pay a locksmith to do it...

unholyangel

cookiemonster26 wrote: »

To answer some questions:

The first time it happened was a couple of weeks ago. We keep the door locked with the key in normally, so I turned the key and it felt like it clicked unlocked, but then I couldn't push the handle down far enough to open it. I also couldn't get it to lock again. I had to go out and leave it (I figured if I couldn't open it, then neither could anyone else). I tried it again when I got home and it just opened first try. It's been mostly ok since (if a little stiff to lock sometimes) so I thought it was just a one off. Now it's happened again today, and I can't get the handle down to open the door. I really don't know enough about doors to figure out whats actually wrong. I think when it's open it's fine.

I was thinking that the Sale of Goods act said it had to last a reasonable amount of time. I know it doesn't have to last forever but I think for a door to last less than 3 years in working order isn't reasonable.

I think I could probably change the lock myself, but I don't know that it's actually the door that is faulty. I don't know how else I could find out what the problem is.

I'm not in the double glazing industry but to me that would suggest perhaps warping (for lack of a better word) due to perhaps moisture. Morning dew for example that dries up as the day goes on.

Does the door lock mechanism work okay when its not in the frame? If so, it suggests the problem is with the frame part (possibly alignment as suggested above). If not then it suggests its with the door part.

Did the door come with any sort of guarantee?

unholyangel

Moneyineptitude wrote: »

What you describe is not the lock at all, but the hinges gradually dropping out of alignment over time. This is not covered by your guarantee/warranty (especially after three years), but is a five minute job to correct if you have an Allen or hex key and a bit of patience.

Watch here on YouTube
https://www.youtube.com/watch?v=2v5dDqB9iHs

Alternatively, pay a locksmith to do it...

Again, no double glazer but would that correct itself over the course of the day?