Compensation / Damages for leaking new windows, slow response, mould, stress etc.

the_lunatic_is_in_my_head

richrips said:

Questions:
If we agree in a written statement that we will not seek compensation, does this mean that when we do demand compensation (as soon as the work is finished) they can use that statement as defence? If we seek compensation, can we still expect the windows to be repaired/maintained under the terms of the 10 year warranty?

It's been horribly stressful. I was actually sick at 2am this morning for no reason I can think of other than the stress caused by this window issue, which is now in its 14th month since initial payment. My partner is similarly distressed. We want the work to be completed, but we don't want to legally shoot ourselves in the foot, or lose any rights regards our warranty.

Any suggestions of action that may help our cause welcome please, and would be greatly appreciated

Many thanks, R

Can't comment on the legal position of the signing issue as I don't know but I assume you still haven't paid the full bill?

I would now (or would have a long time ago) be getting another window company in to fix whatever isn't fixed and deducting that cost from the amount due as the service didn't conform to the contract in terms of due care and skill and despite repeat performances still does not conform and as a result of their inability to make the service conform within a reasonable time (you are well beyond reasonable having been waiting over a year) you are now seeking a price reduction. 

I would put this position in writing to the current company and ignore (i.e zero discussion so the correct position of a price reduction doesn't get side-lined) anything they have to say about you signing away "compensation". 

If you have actual monetary losses then I would itemise these and deduct them from the amount due also. 

Compensation above that is difficult, the guidance notes on the CRA implies a consumer may seek a price reduction for more than the benefit they have not received under the contract but the example given is an odd one that doesn't relate to your situation.

On an objective note, it's worth noting you had the opportunity to exercise your rights a long time ago and part of the stress, etc could have been avoided. That's not to imply I agree with the actions of the company in any way, merely what an independent person judging the situation might consider   

richrips

Hi All,

Just to update on this:

• The windows on the first floor have continued to leak. 
• The window company paid for repairs to plasterwork downstairs caused by water ingress, but this new work has since been damaged by further water ingress.
• We asked for compensation, but the companies legal dept immediately became involved and told us to retract our demand for compensation in writing or they would not do any more repair/revision work on our windows, so we complied in order to try to get things happening and our house waterproof. 
• The window company attended in early January this year, and the manager was quite shirty: "Just tell me what you want us to do [to fix the windows] and we'll do it because we're not coming back." We were quite taken aback by that attitude to say the least. Whilst on-site, they removed a window (4th time out for that frame since fitting!). I personally measured the dimensions of the frame and sill, and discovered that the sills fitted were an incorrect type for the frames (70mm frames, and sills look like they were for 60-50mm frames). The manager checked all windows and found the enitre first floor had the wrong spec sills installed, which is likely the cause of all the leaks.
• So we are currently awaiting a re-re-re-reinstallation date for them to remove every first floor window and fit new sills of the correct spec.

Does anyone have any advice of what we could do at this point to seek a deduction/partial refund? It feels like fitting the incorrect sills nearly 18 months ago and failing to check/discover that was pretty incompetent/negligent, especially while they have periodically blamed us or our house for the leaks every time their "fixes" have failed. 

All help and advice is much appreciated! Thank you.

pinkshoes

richrips said:

Hi All,

Just to update on this:

• The windows on the first floor have continued to leak. 
• The window company paid for repairs to plasterwork downstairs caused by water ingress, but this new work has since been damaged by further water ingress.
• We asked for compensation, but the companies legal dept immediately became involved and told us to retract our demand for compensation in writing or they would not do any more repair/revision work on our windows, so we complied in order to try to get things happening and our house waterproof. 
• The window company attended in early January this year, and the manager was quite shirty: "Just tell me what you want us to do [to fix the windows] and we'll do it because we're not coming back." We were quite taken aback by that attitude to say the least. Whilst on-site, they removed a window (4th time out for that frame since fitting!). I personally measured the dimensions of the frame and sill, and discovered that the sills fitted were an incorrect type for the frames (70mm frames, and sills look like they were for 60-50mm frames). The manager checked all windows and found the enitre first floor had the wrong spec sills installed, which is likely the cause of all the leaks.
• So we are currently awaiting a re-re-re-reinstallation date for them to remove every first floor window and fit new sills of the correct spec.

Does anyone have any advice of what we could do at this point to seek a deduction/partial refund? It feels like fitting the incorrect sills nearly 18 months ago and failing to check/discover that was pretty incompetent/negligent, especially while they have periodically blamed us or our house for the leaks every time their "fixes" have failed. 

All help and advice is much appreciated! Thank you.

You need to get in an independent window specialist to write a report on the state of the windows and quality (or lack of) of the workmanship involved in fitting them. 

https://www.risaltd.co.uk/  - this should point you in the right direction. 

I would then get 3 quotes for someone else to come and fit the windows, and take the original company to court for a FULL refund plus all costs. Send them a letter before action giving them the opportunity to refund first. I'd offer them the window frames back once you've got someone else to fit new ones. 

Under consumer rights act, they have ONE opportunity to fix, which they have already had. 

Are all the ground floor windows now sorted?

the_lunatic_is_in_my_head

richrips said:

Hi All,

Just to update on this:

• The windows on the first floor have continued to leak. 
• The window company paid for repairs to plasterwork downstairs caused by water ingress, but this new work has since been damaged by further water ingress.
• We asked for compensation, but the companies legal dept immediately became involved and told us to retract our demand for compensation in writing or they would not do any more repair/revision work on our windows, so we complied in order to try to get things happening and our house waterproof. 
• The window company attended in early January this year, and the manager was quite shirty: "Just tell me what you want us to do [to fix the windows] and we'll do it because we're not coming back." We were quite taken aback by that attitude to say the least. Whilst on-site, they removed a window (4th time out for that frame since fitting!). I personally measured the dimensions of the frame and sill, and discovered that the sills fitted were an incorrect type for the frames (70mm frames, and sills look like they were for 60-50mm frames). The manager checked all windows and found the enitre first floor had the wrong spec sills installed, which is likely the cause of all the leaks.
• So we are currently awaiting a re-re-re-reinstallation date for them to remove every first floor window and fit new sills of the correct spec.

Does anyone have any advice of what we could do at this point to seek a deduction/partial refund? It feels like fitting the incorrect sills nearly 18 months ago and failing to check/discover that was pretty incompetent/negligent, especially while they have periodically blamed us or our house for the leaks every time their "fixes" have failed. 

All help and advice is much appreciated! Thank you.

Sorry to hear this is still going on OP

The fitters legal team's job is ensure the company loses as little money as possible, you aren't under any obligation to converse with them. 

As above get an independent report done on the quality of the work, get 3 quotes and have the work corrected.

Seek the cost of the report and the remedial work as damages or a price reduction under the CRA.  

If you let the original company keep dragging this out it doesn't sound as if it will ever be fixed correctly  

sheramber

Do yoiu have legal cover on your house insurance?

richrips

Hi All,
Thanks again for the replies, much appreciated. We haven't asked other window companies to quote for repairs or replacement of the faulty installation as yet. This is because each time our window company attends we have been expecting the faults to have been corrected, only to discover (after heavy rain from certain directions) that leaks persist. Furthermore, the ground floor windows have likely not leaked, although water ingress is apparent around them (probably) due to water ingress in the first floor windows directly above them. So the idea of having all windows ripped out and replaced by another company and having to go through acres of bureaucracy to get compensation from the original company is not appealing. 

Currently we are waiting (we're always waiting it seems) for the window company to get the correct sills and then give us a date to remove/replace all first floor windows with the correct sills. Now that we know (I really really hope we know!) the cause of the leaks (incorrect sills installed) I want to find out if it's possible to force the issue of compensation from the window company? It feels wrong that they should be able to make such a damaging error from the start, and repeatedly fail to diagnose the problem until I found it for them nearly 18 months later, without us being liable for some sort of compensation that reflects the time and stress caused. We don't want to get every window in the house pulled out and replaced by a different company if possible, as this would add further mess and disruption, not to mention paperwork.

The window company are part of a trade certification body called Certass (https://www.certass.co.uk/). We've avoided raising a dispute through them because we haven't wanted to fall out with the window company more than necessary until we are reasonably confident the windows no longer leak, but we are considering contacting them once the correct sills are fitted.

Thanks again for all advice so far, it's been a horribly stressful experience, with MSE and Citizens Advice being beacons of hope throughout.