Supplier refusing to replace faulty goods

Midsguy

Hi All,
I'll try and keep this brief, but it's rather a long story.

I ordered a front door via email after viewing someones website. (I found out some months later they were only a trader, not a manufacturer.)
It was custom made (only by size, the parts used were all standard parts,) and I was promised a delivery date, which I double checked a few days before it was due to arrive. The day it was due to be delivered I took the entire day off work to wait for it. It never showed up.
For some reason it had never left the factory but was due to be delivered the next day, so another part day was taken off and it arrived. Unfortunately it was damaged.
Because it needed a professional installation I had to cancel the tradesman who was due to fit it.
The damaged item was replaced a week or so later. Again damaged. Then 3 more were apparently sent. 1 never turned up, 1 went to the people who I ordered the door from and 1 was finally okay. This went on for a period of probably 3 weeks, having to cancel and rebook the tradesman in due to faulty parts and failed promises.
Eventually it was finally fitted mid December last year, and it was immediately apparent that something was wrong, the door was sticking in the frame, then it started leaking and the letterbox bowed away from the door leaving a gap. After a few weeks sending photos, making calls, sending emails they promised to remake the door but delivery wouldn't be until after Christmas. I started to lose my patience at this point as the front door wasn't useable, so over Christmas any visitors were generally having to come through the back door.
The new door was due to be delivered late Jan 2018 and was fitted mid Feb. And I was offered compensation for all of the issues up to that point a d they also paid to have the new door fitted.

However within days it started to leak amd the lock jammed repeatedly, locking me out of my house. Someone came out to do a temporary repair within a week on the leak (I think my sense of humour failure was becoming apparent at this point.) They arranged for someone to come and replace the glazed unit then cancelled 2 days before it was due to be replaced then told me I would have to wait another 3 weeks before someone would come out.

I had a serious sense of humour failure at that point not only at the wait but expecting me to take further time off work without any recompense. I offered them options to do some work before I go to work, some at lunch and also to be here after 5pm for them and they refused to work after hours or to split the work into sections over a few days. The door was still jamming and locking me out of the house, (in hindsight I couldve called an emergency locksmith but I didnt want the hassle of trying to claim it back.)
Anyway, fast forward to this week, someone came out at 5pm to replace the glass. They broke the door, (not his fault as he had never done it before and the manufacturers hadn't explained it to him.)
The manufacturer now won't replace the door. The seller has said they can't do anything as they can't supply it and have offered a refund.
After a bit of discussion they have offered to replace the door but will offer no warranty on it.

Now, where do I stand on this?
As my contract is with the supplier can I expect them to supply a door from a different manufacturer and cover the cost and the installation cost?
Can they just say no and just give me a refund? If they do can I claim the fitting charge back as I've been left at a disadvantage due to the breaking of the contract?

Probably a hundred questions coming my way, but if anyone can help at all, please ask away.

Thanks

agrinnall

I would just get the refund and ask the fitter if he can source a suitable door, if he does that he may do a deal with you on the cost of fitting.

bengalknights

How was it paid for?

If cc a S75 will get you the cash back but if they are already offering refund then just take it and try get it elswhere

Midsguy

Thanks both.

Do you think I'm entitled to my fitting charge back as well (even if I had compensation 4 months ago for the door being late?) as then it at least puts me back without any losses apart from my time which I think I read once was an entitlement in law?

shaun_from_Africa

Midsguy wrote: »

Thanks both.

Do you think I'm entitled to my fitting charge back as well (even if I had compensation 4 months ago for the door being late?)

I can't think of any reason why your payment for the fitting shouldn't be paid by the seller of the door.
Getting this refunded however may not be easy.


As bengalknights mentioned, how did you pay for the door?
If it was with a credit card then there's no reason why you couldn't contact the card issuer and tell them what happened and state that due to a breach of contract with the supplier of the door you are out of pocket by £x and you wish to pursue a "section 75" claim to recover this payment.

Midsguy

It was paid by cc.

I can,(I think,) get the money back from the company but I'd rather have a working door.

My other option was to ask for the full refund, (they have offered to pay to have the door secured by and emergency glazer up to £100 inc VAT,) but I would also want the £x I paid for fitting, I'm just expecting them to refuse the last bit.

shaun_from_Africa

If the supplier refunds you in full for the price of the door but refuses to pay the installation cost, there is still nothing to stop you doing what I suggested and pursuing a section 75 claim with your credit card issuer.
https://www.moneysavingexpert.com/shopping/section75-protect-your-purchases

When it applies, S75 covers you for any losses incurred due to a breach of contract and the door fitting charge is such a loss.