New Window Problems

newfoundglory

Hello forum.
I paid several thousand pounds for 2 new sliding-sash bedroom windows from a local window company.
Unfortunately it has been a shambles from start to finish, including the fact the windows did not seem to have been measured correctly (they had to cut the wooden lintels in order to fit them).  I suspect this is because they are expensive and they did not want to have the windows remanufactured so they oversized them. As well as the windows leaking water and air to the inside, they sized them slightly differently even though they are two together in the same room, and having had service visits 6+ times since February I think I am being taken for a ride.

Fortunately, I paid on my credit card and so considering a claim against that.  Because of the lintel damage I think it will cost more than the value of the contract to put this right, as I would potentially need to employ a builder to fix that issue.  I have read is it sometimes possible to also claim damages under Section 75 protection.

Does anyone have any thoughts about how to best go about claiming for this sort of problem?

flashg67

Are they registered with a trade body such as Fensa Might be worth checking if they can help first - Homeowners | Find Local Double Glazing Installers Today (fensa.org.uk)

greenface2

Pic would help . Is the frame leaking inside the framework ( through the sash or glazing bead . Or around the outside of the frame . ( through plaster or timber surround ?) you only have a certain amount of time from installation to open a dispute . I think around 4 months from payment . Section 75 similar time scale . Have you kept records of complaints / dates and guarantees given . Have you made a formal complaint to the company involved yet . Think you need to source legal advice .  You could use a dispute resolution scheme but can be long and they don't need to accept it I think . Certass / fensa / assure could help if they're a member . Don't spend money on any surveyor that's not agreed to because it is worthless . If the lintel has been compromised you may have big problems than a leaking window as an original box sash has come out there wont be much left up there . could be holding your floor/ loft up . If you want to message me I can give you my insight from a window installers / company owners side . Rather you never told me who the people are though . Keep this post updated . interested  

newfoundglory

Well in theory Section 75 is 6 years, otherwise I always have the small claims process which definitely is 6 years. No disrespect to FENSA, but I get the impression of all gums and no teeth, its a framework which allows companies to mark their own homework as it were rather than going through council building control.  They are FENSA registered and I have a certificate (although even that took many months as you can imagine)

FaceHead

Yes agree that FENSA won't much help.

It's 180 days for a chargeback, and six years for S75, so you can claim against the credit card provider if needs be.

Do you have legal cover with your home insurance? If so contact them. 

As above, have you formally complained to the company and told them what they need to do? I.e. make it not leak, provide FENSA cert. You might also get a builder/another fitter to quote to put it right - this tells you what needs doing, and you could potentially claim against the Credit Card provider for this amount. 

FaceHead

Yes agree that FENSA won't much help.

It's 180 days for a chargeback, and six years for S75, so you can claim against the credit card provider if needs be.

Do you have legal cover with your home insurance? If so contact them. 

As above, have you formally complained to the company and told them what they need to do? I.e. make it not leak, provide FENSA cert. You might also get a builder/another fitter to quote to put it right - this tells you what needs doing, and you could potentially claim against the Credit Card provider for this amount. 

greenface2

I am unsure about fensa but its worth an ask as they are supposed to represent the customer/installer . give them a whirl . Home insurance cover is a good shout . I was under the impression complains had to be made within a few months from installation . If there are any service you should be doing ( if they have that information in the guarantee ) keep it up. Mad I know but want to cover all issues 

donnablossomm

As long as they have the FENSA certificate they can be held to some account in theory, so its probably best to try them as a long-shot option while trying to get it covered through your credit card