Section 75 credit card installer or supplier

TVPIPE

I hope someone may be able to provided advice on my situation:-

we are experiencing issues with a double glazing firm for some windows we had installed.

For the job,I paid £100 deposit on credit card (provided card number to installing company) .....however when I now look at my statement, the deposit was debited to a window supplier company rather than the installer company - my question is - where does the liability lie here....have the installing company pulled a fast one by pushing the deposit to the supplier, who will then deny liability as they didn't fit the windows?

Very stressed over this -can anyone advise?

bris

Yes they will, there is no breach of contract with the supplier, the installer is liable.


Is the supplier and installer the same company? Or did you buy from the supplier with them providing the installer?


If you bough from the installer then S75 would not apply.

chattychappy

Is there any paperwork for the job? Form you signed, emails? Was it "supply and fit"?

I ask this because I've bought double glazing for my company. The installer had his favourite supplier. He made it clear that the supplier would sell the windows directly to me - the installer didn't want the turnover on his books. It suited me because my company and the supplier were VAT registered. The installer wasn't. I never had dealings with the supplier. I suppose that in dealing with the supplier, the installer was acting as my agent.

As I say, I only dealt with the installer. He jotted the debit card number down. He picked up the windows and fitted them. VAT invoice from supplier, separate invoice from installer.

No S75 in my case anyway. But point is, some installers do work this way - but it should be clear. Of course if was without your sanction, then you are entitled to dispute the transaction as "unauthorised", though I suspect the amount involved might be small in comparison to what you now wish to claim. If the fault is with the window rather than the installation, you might be OK anyway.

bigadaj

chattychappy wrote: »

Is there any paperwork for the job? Form you signed, emails? Was it "supply and fit"?

I ask this because I've bought double glazing for my company. The installer had his favourite supplier. He made it clear that the supplier would sell the windows directly to me - the installer didn't want the turnover on his books. It suited me because my company and the supplier were VAT registered. The installer wasn't. I never had dealings with the supplier. I suppose that in dealing with the supplier, the installer was acting as my agent.

As I say, I only dealt with the installer. He jotted the debit card number down. He picked up the windows and fitted them. VAT invoice from supplier, separate invoice from installer.

No S75 in my case anyway. But point is, some installers do work this way - but it should be clear. Of course if was without your sanction, then you are entitled to dispute the transaction as "unauthorised", though I suspect the amount involved might be small in comparison to what you now wish to claim. If the fault is with the window rather than the installation, you might be OK anyway.

Not withstanding the s75 issues then the way in which you contracted in this instance may have reduced your installers liabilities.

A fault with the windows in terms of supply would have been a dispute between you and the supplier, but for example any remedial works that needed to be undertaken by the installer would then potentially have left you liable to be charged again as the installer could have argued that he wasn't liable for any fault with the windows as supplied, so even if you had for example has the windows replaced free of charge you may well have been potentially liable for the refitting costs.

Whether the installer would have enforced further costs in that example would be open to question but I think it is a risk.

chattychappy

bigadaj wrote: »

Not withstanding the s75 issues then the way in which you contracted in this instance may have reduced your installers liabilities.

Agreed. It was an installer we have known for many years so and when things have gone wrong, he's always been good.

eskbanker

chattychappy wrote: »

Agreed. It was an installer we have known for many years so and when things have gone wrong, he's always been good.

Maybe not quite what you were meaning to imply, but why would you repeatedly use a tradesman who keeps getting things wrong?!

TVPIPE

Thank you for the responses.

I am considering what action to take, as I have been misled by the installer. I clearly mentioned that I would like to first £100 by credit card. The installer confirmed receipt of the deposit by credit card. However, the manufacturer is showing on the credit card statement.

What are peoples thoughts on whether this could be a matter for trading standards?

I was misled here, as I was paying the deposit to the installer to cover the whole job.

eddddy

TVPIPE wrote: »

What are peoples thoughts on whether this could be a matter for trading standards?

Trading Standards enforce laws - so they might give the installer a 'telling off' or even prosecute them if the installer has broken the law.

But they won't help you get your money back.

In general, Trading Standards record complaints about traders. If a particular trader generates lots of complaints, they might start investigating that trader.

TVPIPE wrote: »

I was misled here, as I was paying the deposit to the installer to cover the whole job.

So it sounds like all your complaints are against the installer. So perhaps the Small Claims Court is the best route for you.

chattychappy

eskbanker wrote: »

Maybe not quite what you were meaning to imply, but why would you repeatedly use a tradesman who keeps getting things wrong?!

He's cheap!