Does He Have a Case?

SimoneBS

Sandtree said:

SimoneBS said:

The window company has been in touch with us, we told them that we don't want the windows as they are too big, now he is threatening us with Small Claims Court. Does he have a case?

I am assuming @theonlywayisup is correct as its the only possible logical version of the story... so who's threatening you with court? The builder or window company A?

What had you paid to the builder already? Did the builders own quote to you include the supply of the windows?

Window company A are threatening us. The builders original quote included all works, including a big extension, but as i said, after he walked off the job, he told us that he had cancelled the windows, we didn't even know what company he had ordered them from, so obviously we got quotes ourselves from 3 different suppliers, which was how we knew that the original measurements taken by the builder were wrong.

Sandtree

SimoneBS said:
Window company A are threatening us. The builders original quote included all works, including a big extension, but as i said, after he walked off the job, he told us that he had cancelled the windows

The last bit is irrelevant and I will assume the "all works" means yes his quote did include the supply of the windows....

Tell the window company that they need to go chase the builder; you have no contract with them and their contract is with the builder who ordered the windows from them.

Aylesbury_Duck

I can't see on what grounds they're threatening you.  You have no contractual relationship with them, do you?  Their complaint is with the builder who is their customer, isn't it?

SimoneBS

Aylesbury_Duck said:

I can't see on what grounds they're threatening you.  You have no contractual relationship with them, do you?  Their complaint is with the builder who is their customer, isn't it?

Thats what i thought was the case, but he seemed quite adamant so i just wanted to get second opinions

Aylesbury_Duck

I'd politely ask them to send you a copy of your contract with them so you can check it.  They'll either realise they don't have one, or they'll send their contract with the builder, at which time you point out that you're not a party in that contract.

Sandtree

Aylesbury_Duck said:

I'd politely ask them to send you a copy of your contract with them so you can check it.  They'll either realise they don't have one, or they'll send their contract with the builder, at which time you point out that you're not a party in that contract.

Baring in mind contracts dont have to be written or signed, it could be that the builder submitted the order in the OPs name and so asking for a contract and being sent an order form or online order with the name on it could be a bit of a backfire as it then moves to the OP having to disprove that they are the ones that entered into the contract.

Aylesbury_Duck

Sandtree said:

Aylesbury_Duck said:

I'd politely ask them to send you a copy of your contract with them so you can check it.  They'll either realise they don't have one, or they'll send their contract with the builder, at which time you point out that you're not a party in that contract.

Baring in mind contracts dont have to be written or signed, it could be that the builder submitted the order in the OPs name and so asking for a contract and being sent an order form or online order with the name on it could be a bit of a backfire as it then moves to the OP having to disprove that they are the ones that entered into the contract.

Good point.  But at least OP would then know they're, ahem, in the frame.  At the moment they are dealing with a glazing company that thinks they have a contract (or are trying it on), and aren't totally sure of the situation.  If the glazer is correct, then OP might be getting a LBA next.