Faulty window installation

toolazyto

I had six seperate windows fitted in my home almost 6 months ago by a window company. I paid them using a combination of bank transfer and credit card.

One of the installations went badly and the outer frame between two panels came apart within days and was exposed to the weather. The following time since the installation has been a combination of many phone calls, cancelled appointments and they made half hearted attempts to put things right inbetween other jobs they're doing.

The window still has problems and the condition is bad. They're not taking it seriously and I'm not getting a response for over 3 weeks now.

In terms of consumer rights I'm not sure what to do next or in what order I should do them.

Do I have any course of action with the credit card/bank with payments made 6 months back?

I was thinking about contacting a surveyor or another window company for a second opinion and to get an idea of costs. Should I do before contacting the credit card or the ombudsmen?

the_lunatic_is_in_my_head

OP if you raise an issue within the first 6 months then it's taken the goods or services do not conform (have a problem) and the trader should fix the problem or demonstrate why they disagree.

The window company appear to agree as they've carried out repair attempts, for services you have the right to a repeat performance and then a price reduction. For goods you have the right to a repair or replacement and after 1 failed attempt to reject the goods for a refund or a price reduction.

It would be sensible to get a second opinion on the costs of putting this right and seek that amount as a price reduction.

If you paid partly on a credit card then you likely have S75 cover which means the card provider has the same liability as the trader. If it is less than 6 months I would contact your card company now. If it has been longer than 6 months I'm not sure where that stands with the issues being taken or not but a second opinion from another window company should hopefully suffice to show the card company there is a valid claim should they ask you to demonstrate such.   

toolazyto

the_lunatic_is_in_my_head said:

OP if you raise an issue within the first 6 months then it's taken the goods or services do not conform (have a problem) and the trader should fix the problem or demonstrate why they disagree.

The window company appear to agree as they've carried out repair attempts, for services you have the right to a repeat performance and then a price reduction. For goods you have the right to a repair or replacement and after 1 failed attempt to reject the goods for a refund or a price reduction.

It would be sensible to get a second opinion on the costs of putting this right and seek that amount as a price reduction.

If you paid partly on a credit card then you likely have S75 cover which means the card provider has the same liability as the trader. If it is less than 6 months I would contact your card company now. If it has been longer than 6 months I'm not sure where that stands with the issues being taken or not but a second opinion from another window company should hopefully suffice to show the card company there is a valid claim should they ask you to demonstrate such.   

Thanks for your reply. They do acknowledge the faults unfortunately their failed attempts have created more problems.

The goods were fitted on the 26-October and my credit card payment was made 16-October so I only have a couple weeks left before that hits 6 months.

I made the first payment to them by bank transfer on the 01-June. It took them 4 months for the ordered windows to be produced overseas and shipped over.

I wonder if the bank transfer affects time scales with the credit card company and if I should get a second opinion before contacting the credit card company?

born_again

For a S75 claim you are going to need a independent report before it will be looked at, even if it is under 6 months. But talk to your CC provider before doing anything.

the_lunatic_is_in_my_head

born_again said:

For a S75 claim you are going to need a independent report before it will be looked at, even if it is under 6 months. But talk to your CC provider before doing anything.

Not to question your knowledge but if the CC company have the same liability why would the report be needed under 6 months?

born_again

To prove that there is a fault. Costs will be part of settlement if successful. 

Remember they are not experts in products bought, so are not just going to hand out money on a customers say so. Even the company involved would want to inspect before doing any work.  

the_lunatic_is_in_my_head

born_again said:

To prove that there is a fault. Costs will be part of settlement if successful. 

Remember they are not experts in products bought, so are not just going to hand out money on a customers say so. Even the company involved would want to inspect before doing any work.  

It's just with the legislation stating the goods are taken not to conform within the first 6 months it would be the trader's obligation to demonstrate otherwise, presumably with the same liability this leaves the CC company to dispute any claims by arranging their own report/inspection (or whatever we want to call it) rather than for the consumer to prove there is a problem? 

the_lunatic_is_in_my_head

toolazyto said:

the_lunatic_is_in_my_head said:

OP if you raise an issue within the first 6 months then it's taken the goods or services do not conform (have a problem) and the trader should fix the problem or demonstrate why they disagree.

The window company appear to agree as they've carried out repair attempts, for services you have the right to a repeat performance and then a price reduction. For goods you have the right to a repair or replacement and after 1 failed attempt to reject the goods for a refund or a price reduction.

It would be sensible to get a second opinion on the costs of putting this right and seek that amount as a price reduction.

If you paid partly on a credit card then you likely have S75 cover which means the card provider has the same liability as the trader. If it is less than 6 months I would contact your card company now. If it has been longer than 6 months I'm not sure where that stands with the issues being taken or not but a second opinion from another window company should hopefully suffice to show the card company there is a valid claim should they ask you to demonstrate such.   

Thanks for your reply. They do acknowledge the faults unfortunately their failed attempts have created more problems.

The goods were fitted on the 26-October and my credit card payment was made 16-October so I only have a couple weeks left before that hits 6 months.

I made the first payment to them by bank transfer on the 01-June. It took them 4 months for the ordered windows to be produced overseas and shipped over.

I wonder if the bank transfer affects time scales with the credit card company and if I should get a second opinion before contacting the credit card company?

I would contact the bank now to start the S75 process and then let them advise what you need to do

If they do request anything they'll have to give you a reasonable amount of time to sort and provide it.