Money Moral Dilemma: Should we walk away from the window fitter who won't fit our windows?

Bendy_House

prowla said:

Just cancel.

Without notice? Even if the windows have been made?

Bendy_House

pollypenny said:

Note there's no mention of a deposit. What happens if the OP has paid a deposit. 

I don't think one's been taken, which removes one messy factor from the proceedings.

However, an order was placed, so a contract exists. You should extricate yourself from it in the correct manner, or expect poo.

Bendy_House

Website reviews and all that malarkey - hold off until this is resolved fully, and you have windows installed by someone you are happy with (even remote chance it's the first fellow).

And reviews should be honest, succinct and not over-egged. 

cloudypop

He's had a year.  He can't want the job.  The windows probably haven't been made.  As has already been suggested, write to him recorded delivery with a final installation date soon, and look for someone else.

Section62

Several people are confidently stating that the windows haven't been made, but they have no way of knowing this.  The logic used - that the trader would want paying asap if they had been made - is flawed because it assumes all traders work hand-to-mouth.

In reality that isn't the case.  Some traders don't have an issue with cashflow and getting paid promptly isn't a priority for them.  We regularly get posts on this forum from people who have had work done but can't get the trader to invoice them.

Some traders - often the best ones - are so busy with work that sending out invoices and getting paid is a low priority.  It also depends on location, with rural traders working by reputation often being more relaxed about payment arrangements than city traders operating on a more fluid basis.

There's no way any of us can reliably say whether or not the windows have been made.

Which brings me onto the point Bendy makes.  If the trader has had the windows made, and the arrangement with the trader is an enforceable contract, then there could be problems if the trader is ditched in favour of someone else, without giving proper notice.

So there is only one 'safe' way of doing this - by giving proper notice to the trader that the work needs to be completed by a (reasonable) specified date or that it will be taken that the trader is no longer able to do the job and the contract has been frustrated.

the_lunatic_is_in_my_head

This is covered by Delivery of goods under the CRA.

https://www.legislation.gov.uk/ukpga/2015/15/section/28/enacted

The goods must be delivered within the agreed time, if there wasn't an agreed time then they must be delivered within 30 days.

Where this does not occur the consumer may specify a period that is appropriate in the circumstances and require the trader to deliver the goods before the end of that period.

If the trader fails to meet this also the consumer may treat the contract at an end (and receive a refund if any payment was made).

As a few people suggested the answer is to give the trader a timeframe (in writing whether that be letter, email, text, messenger, etc) and if they fail to meet it inform the trader the contract is treated at an end (again in wring). 

JayD

A year? You've been messaging etc for that long and accepting his excuses?

It's time to tell him, in writing, that you have waited long enough and are cancelling your order. Then do your research and get someone with good reviews in to measure and fit your window and patio door as soon as you can.

Bendy_House

the_lunatic_is_in_my_head said:

This is covered by Delivery of goods under the CRA.

https://www.legislation.gov.uk/ukpga/2015/15/section/28/enacted

The goods must be delivered within the agreed time, if there wasn't an agreed time then they must be delivered within 30 days.

Where this does not occur the consumer may specify a period that is appropriate in the circumstances and require the trader to deliver the goods before the end of that period.

Which would presumably depend on the comms so far - whether the customer has given previous ultimata.

If it does require the full 30 days, I'd suggest the customer gets other quotes for the job, and ready to proceed on a nod.

Bendy_House

Just noticed this is a 'moral dilemma'. Does that mean it's not a 'real' case?!

Chris_Jay

There are many comments stating that the person booked to make and fit the windows doesn't want the work. Respectfully, nobody knows that, it's an assumption. It's possible that he's ill, disabled or deceased.
I'd suggest that the OP keeps any correspondence polite, and definitely within CAB guidance. I remember from years ago that the phrase "time is of the essence" had legal standing when used with a sensible date for completion of work; whether that's still the case, I don't know.
It's a very difficult situation for the OP, especially with the colder weather on the way, but please don't get someone else in until this has been resolved.