Small claims advice

Pikeman666

In April 2017 I had 4 windows. 1 front door and 1 back door fitted by a local but large enough and well established double glazing company referred to herewith in as DGC. The front door installation consist of a toplight, side light and door. The door is a rockdoor manufactured by GAP and supplied and fitted by the DGC. The price for everything was circa £5400 paid via cheque to the DGC. In summer 2018 the front door became bowed and started show marks on the exterior surface. The DGC has dealt with everything and received a replacement from Rockdoor. Within 2 days of this being fitted the second door developed marks on the exterior. In January this year another replacement came but I rejected before being installed due to significant narks. A fourth door came and also had marks this time the manufacturer GAP came with the DGC. This again was rejected and was never fitted for the same reason. Just over two weeks ago I wrote and emailed the DGC to request a refund or an alternative solution (not another Rockdoor) and giving them 14 days to respond. Whilst I know the DGC and Rockdoor (GAP) have been talking the DGC have not yet formally responded to me.


So at the end of this week/early next week I propose to make a small claim against them. This is where I need some guidance. I paid one whole price for all the items but do not have an itemization of each element. I recently requested one but the DGC couldn’t/wouldn’t provide one. As I do not have a cost breakdown I do not know how much to claim for exactly! Do I claim for all of the order price or just an estimate of the front door element. Which, given differing frame/door sizes may have to be the cost of the whole front door installation including door slab, frame, side window and top window.

Any guidance would be gratefully received.

waamo

Get a quote for the work to be done and use that as the basis for your claim.

Boohoo

Pikeman666 wrote: »

In April 2017 I had 4 windows. 1 front door and 1 back door fitted by a local but large enough and well established double glazing company referred to herewith in as DGC. The front door installation consist of a toplight, side light and door. The door is a rockdoor manufactured by GAP and supplied and fitted by the DGC. The price for everything was circa £5400 paid via cheque to the DGC. In summer 2018 the front door became bowed and started show marks on the exterior surface. The DGC has dealt with everything and received a replacement from Rockdoor. Within 2 days of this being fitted the second door developed marks on the exterior. In January this year another replacement came but I rejected before being installed due to significant narks. A fourth door came and also had marks this time the manufacturer GAP came with the DGC. This again was rejected and was never fitted for the same reason. Just over two weeks ago I wrote and emailed the DGC to request a refund or an alternative solution (not another Rockdoor) and giving them 14 days to respond. Whilst I know the DGC and Rockdoor (GAP) have been talking the DGC have not yet formally responded to me.


So at the end of this week/early next week I propose to make a small claim against them. This is where I need some guidance. I paid one whole price for all the items but do not have an itemization of each element. I recently requested one but the DGC couldn’t/wouldn’t provide one. As I do not have a cost breakdown I do not know how much to claim for exactly! Do I claim for all of the order price or just an estimate of the front door element. Which, given differing frame/door sizes may have to be the cost of the whole front door installation including door slab, frame, side window and top window.

Any guidance would be gratefully received.

It's too late now but you should of paid at least £100 for the deposit on a credit card or the full total on the card and you would of had more protection using the card issuer to help with your problems.
As advised by the other poster that maybe the way to start/go.

DoaM

Whilst the intent of the advice is correct, the specifics are not. The OP would only have to have paid a nominal sum by credit card ... even just £10. The £100 is the minimum amount for the order, not the minimum to be paid by card. (Although I agree that having £100 on the card removes an argument the CC provider may (incorrectly) try to raise to avoid an S75 claim).

unholyangel

DoaM wrote: »

Whilst the intent of the advice is correct, the specifics are not. The OP would only have to have paid a nominal sum by credit card ... even just £10. The £100 is the minimum amount for the order, not the minimum to be paid by card. (Although I agree that having £100 on the card removes an argument the CC provider may (incorrectly) try to raise to avoid an S75 claim).

Perhaps a poor choice of words on your part

At least, the FoS have published a case study to clarify its the item price.

It does not apply to a claim which relates to any single item to which the supplier has attached a cash price of £100 or less, or more than £30,000.

<snip>

Mr McF used his credit card to buy a travel voucher for £220 that was valid for ten single trips. He had made three trips using the voucher when the travel provider went into administration.

The credit card provider argued that the value of each individual trip under the voucher would be less than £100. It said this meant it could have no potential liability under section 75.

We disagreed. Mr McF had not purchased ten individual trips costing £22 each - he had purchased a single voucher costing £220. As the item purchased under the contract was above £100, it was covered by the provisions of section 75.

Moot in OP's case as they didn't pay with any sort of finance and even if they had, the door alone would be more than the £100 limit. But perhaps useful for others who might read it (and resurrect it) at a later date.