New Double Glazing Problems - Section 75 Claim or other advice please

mjb603

Hi all, I'm seeking some advice regarding the problems with new double glazing we've had installed. Apologies in advance for the offload, there's a lot of info.

As part of a renoation project, we ordered supply and installation of 20 new Veka PVC sliding sash windows in November 2021, with a 10% deposit (~£2.5k) paid by credit card.  All subsequent payments were made by BACS payment.

The supplier we bought from are a member of the Veka Independent Network which basically provides a level of protection should they go bust or issues arise.

The windows were fitted starting in summer of 2022 and finally completed in October 2023.  Numerous quality issues were raised and addressed through 2022/23, including 12 sash frames being replaced for new because they were bowed, and additional brackets installed to sash frames because they hadn't been cut square in the factory amongst the issues.  The installers mobilised the manufacturers to witness the quality issues in person and advise on the correction methods.

The biggest issue we raised concerns about was leaking at the corners of 8 of sash box windows frames. These 8 windows are on the front of the house, where there's 14 windows in total (this becomes relevant later on). It's held up our renovation project in the master bedroom and living room where plaster has been removed from beneath the windows due to the wetness.

On many occasions (~20) we've had repeat visits from the installers, attempting to identify the problem.  Mostly by applying excessive amounts of silicone sealant before telling us it must be condensation and is our fault, telling us we are lucky not to be billed for their time so far.

At this point it also came to light that our supplier had fallen out with the fabricator and they would no longer deal with each other.  Quite clearly, this is not our issue as our contract is direct with the supplier and the supplier's contract with the fabricator should not be our concern.

Reluctantly we made final payment in January 2024 with a 10% discount for all the inconvenience, believing we must have an issue with condensation or water ingress elsewhere. We were led to believe final payment would allow the 10 year supplier's warranty to be enacted and any subsequent issues to be remedied under that, which may include replacement of the windows.

Not happy to accept the issue was condensation related and the leak clearly being worse when it rained, in February 2024, I undertook my own investigations, pouring water from a jug on various parts of the window until the point of ingress was clear.  I recorded videos of this for reference.  Immediately we raised the issue with the supplier.  The supplier escalated this to Veka Independent Network and an independent inspector came to objectively assess the issue in April 2024.

A report was issued identifying a manufacturing issue, proposing a fix to back seal with silicone.  The inspector did this on one window, demonstrating to our suppliers the method which they continued on the remaining 7 leaking windows.  In all cases, this was unsuccessful at which point the supplier has agreed to replace the windows.

However, roll on another 7 months and we are no further along.  Our supplier's availability has become questionable with a whole host of my dog ate my homework level excuses.  The supplier refuses to order from the fabricator they used previously for fear of a repeat issue.  The supplier is considering offering an alternative sliding sash window for the 8 leaking windows.  Obviously this would mean two different styles of window across the front of the house which we would not be satisfied with and does not meet our original order.  The supplier pursued this avenue of enquiry anyway, but it was too expensive for them to absorb the cost of (~£6k plus installation costs).

Seemingly at stalemate, I am on the cusp of raising a Section 75 claim with the credit card company, but never having done this before I'm seeking advice, especially as the supplier is still in correspondence.

1. Is a Section 75 Claim the best/right action to pursue, or is there a more appropriate course of action to pursue?
2. The contract for the order does not break down costs to individual windows, what value should be used on a Section 75 claim?
3. Do we need any formal correspondence to say that we are in stalemate?  A closing statement or such?
4. Are FENSA able to do anything to influence the situation?
5. Do you have any constructive advice for how this could be resolved?

Thanks in advance!

voluted

Why are you renovating the property?

To sell or to live in?

mjb603

voluted said:

Why are you renovating the property?

To sell or to live in?

Thanks for your reply but I’m not sure how this is relevant?

born_again

What was the value of the work?

Best advice. Ring your card provider & they will tell you exactly what they will require.

 Veka Independent Network and an independent inspector, this is going to be the most important part 👍

user1977

mjb603 said:

voluted said:

Why are you renovating the property?

To sell or to live in?

Thanks for your reply but I’m not sure how this is relevant?

Because if you’re doing this as a business then consumer rights won’t apply.

Ergates

mjb603 said:

voluted said:

Why are you renovating the property?

To sell or to live in?

Thanks for your reply but I’m not sure how this is relevant?

To determine if the purchase was made as a consumer or a business.

Given the timescales - windows installed a year ago - it seems likely you're a consumer.

mjb603

born_again said:

What was the value of the work?

Best advice. Ring your card provider & they will tell you exactly what they will require.

 Veka Independent Network and an independent inspector, this is going to be the most important part 👍

Thanks for your support.  Total value of works was just shy of £25k, so below the £30k threshold

mjb603

user1977 said:

mjb603 said:

voluted said:

Why are you renovating the property?

To sell or to live in?

Thanks for your reply but I’m not sure how this is relevant?

Because if you’re doing this as a business then consumer rights won’t apply.

OK, I hadn't appreciated or even considered that.  It's a renovation for personal use so we definitely fall under the consumer category.

Okell

Do what @born_again suggests and contact your card provider.

Impress upon them that you are looking at a claim under s75 of the Consumer Credit Act 1974 and that you are NOT looking at any form of chargeback or other non-statutory remedy.

If the person you speak to demonstrates that they know nothing about s75 claims, ask to speak to someone who does know.

also read this:  Section 75 refunds: credit card protection’ - MSE

mjb603

Thanks for all your help and suggestions.  We are awaiting a meeting with the supplier in desperate hope they can come up with the readies before we feel obliged to take this up with the credit card company.