I want the new windows removing ( leaking in air) HELP PLEASE

bigredlorry

Hi
Help please .I will try to make this short as possible.
I was advised by the installer they would come to fit a new patio door and a window in December 2024. The company did not send anyone or even notify me they were not coming ,even though i moved everything clear as requested. They came in January 2025.
Both were leaking in cold air so i put a cellophane sheet up to trap a big air bubble in both.
I complained to the credit card comp. and received a full refund .We gave this DG company time( 45 days) to contest my claim but they did not. I want these removed so i can instruct a new installer to fit new ones. But this original DG company keep telling me they are ok and i am delaying payment. I don't intend to pay them now tbh .I have had so much hassle tbh. If i instruct a new installer to remove them they will surely say we have damaged them.
How can i sort this issue please 

DullGreyGuy

bigredlorry said:

Hi
Help please .I will try to make this short as possible.
I was advised by the installer they would come to fit a new patio door and a window in December 2024. The company did not send anyone or even notify me they were not coming ,even though i moved everything clear as requested. They came in January 2025.
Both were leaking in cold air so i put a cellophane sheet up to trap a big air bubble in both.
I complained to the credit card comp. and received a full refund .We gave this DG company time( 45 days) to contest my claim but they did not. I want these removed so i can instruct a new installer to fit new ones. But this original DG company keep telling me they are ok and i am delaying payment. I don't intend to pay them now tbh .I have had so much hassle tbh. If i instruct a new installer to remove them they will surely say we have damaged them.
How can i sort this issue please 

So do you mean they have trickle vents? 

Current building regs (https://assets.publishing.service.gov.uk/media/61deba42d3bf7f054fcc243d/ADF1.pdf) require there to be airflow through the dwelling, trickle vents are the easiest way to achieve this. Do you have a different solution in place to achieve the required airflow?

born_again

So your CC did a chargeback & company did not contest. So company could sue you for payment.

Not sure, but getting a 3rd party report on the work done by them would be a good start.

TELLIT01

Where is air leaking in?  If it's around the doors that can easily be corrected by foam filler and cover strips, although they shouldn't have been left that way in the first place.

Other than that, as DullGreyGuy says, trickle vents are now required and they do 'leak air' by design.

Ergates

bigredlorry said:

Hi
Help please .I will try to make this short as possible.
I was advised by the installer they would come to fit a new patio door and a window in December 2024. The company did not send anyone or even notify me they were not coming ,even though i moved everything clear as requested. They came in January 2025.
Both were leaking in cold air so i put a cellophane sheet up to trap a big air bubble in both.
I complained to the credit card comp. and received a full refund .We gave this DG company time( 45 days) to contest my claim but they did not. I want these removed so i can instruct a new installer to fit new ones. But this original DG company keep telling me they are ok and i am delaying payment. I don't intend to pay them now tbh .I have had so much hassle tbh. If i instruct a new installer to remove them they will surely say we have damaged them.
How can i sort this issue please 

The first and foremost thing I'd advise is to remember the saying:   Act in haste, repent at leisure.

A company not contesting a chargeback is not the same as the company accepting fault or accepting that you were due the money back.  They could still pursue you for payment (which is sounds like they might if they are saying you're delaying payment).

Don't do anything until you've had some independent expert (e.g. another window fitter) examine the windows and produce a report on their findings.  You could also get a quote from them for how much it would cost to fix any problems.  They'd also be able to tell you if the fault is the windows themselves, or the fitting.  (There'd be no point in ripping out the windows and replacing them if they're not faulty.)

You then have something to take back to the original fitters, and you should give them a (reasonable) deadline by which you expect them to fix the issues or you will be pursuing them for the costs (from the 2nd quote).   You might wish to just be done with them, but if you skip this step (i.e. don't give them a chance to fix it) then this could complicate matters later - if it comes to court you'll have to show you've made all reasonable attempts to resolve things first.

It's worth checking if the company is a member of any of the relevant trade bodies (there are a few different ones), as these bodies can help with dispute resolution and/or arbitration.

bigredlorry

Thank you for all your advise for my question. I did give the company the time to fix these issues and sent the letter tracked mail to keep proof i made an attempt.They advised 3 times they would come to my property but never arrived they did on the 4th appointment. Because the credit card company gave me back my monies  through the "credit card  charge back", not the section 75 as i asked for .Could i go to the ombudsman because a section 75 means the CC company is equally liable ?  I have been messed about with this DG company and now I am left to sort this out ,when i thought the section 75 would protect me for such issues as this .Thank you 

Aylesbury_Duck

bigredlorry said:

Thank you for all your advise for my question. I did give the company the time to fix these issues and sent the letter tracked mail to keep proof i made an attempt.They advised 3 times they would come to my property but never arrived they did on the 4th appointment. Because the credit card company gave me back my monies  through the "credit card  charge back", not the section 75 as i asked for .Could i go to the ombudsman because a section 75 means the CC company is equally liable ?  I have been messed about with this DG company and now I am left to sort this out ,when i thought the section 75 would protect me for such issues as this .Thank you 

Did you read Ergates' advice?

"Don't do anything until you've had some independent expert (e.g. another window fitter) examine the windows and produce a report on their findings."

Have you done this?

I don't know why you're thinking about section 75 and the ombudsman.  As I understand it, you've had the money back and the company believes you owe them payment.  Until you have some evidence the installation is faulty, all that is premature.

PHK

Neither chargeback or S75 operate in the way most people think they do. 

Chargeback is an informal process run by the card scheme (Visa, MasterCard etc) and as you've found out can leave you owing money. 

The standard of proof needed for S75 is the same as would be needed under your consumer rights. So where there is a dispute you'd need to produce a report stating the goods are inherently faulty or not installed with sufficient skill. 

The card provider can choose which route to go and as they've provided a refund then you won't get anywhere with the ombudsman, who will only look if they've acted fairly. (i.e. it's not their fault the company didn't defend the chargeback but now want the money)

 It's difficult to advise what to do as we don't know what the fault is (we know the symptoms) and it's possible the goods are actually performing as expected given the requirement for air flow. 

My gut feeling is that you should obtain a full report from a qualified inspector and if this shows an inherent fault with the goods or poor installation then sue the company for the cost of putting things right (which might involve taking them out and replacing) , plus the report cost but less the refund you've received. 

But please do take legal advice as you have ended up in a complicated situation. 

bigredlorry

PHK said:

Neither chargeback or S75 operate in the way most people think they do. 

Chargeback is an informal process run by the card scheme (Visa, MasterCard etc) and as you've found out can leave you owing money. 

The standard of proof needed for S75 is the same as would be needed under your consumer rights. So where there is a dispute you'd need to produce a report stating the goods are inherently faulty or not installed with sufficient skill. 

The card provider can choose which route to go and as they've provided a refund then you won't get anywhere with the ombudsman, who will only look if they've acted fairly. (i.e. it's not their fault the company didn't defend the chargeback but now want the money)

 It's difficult to advise what to do as we don't know what the fault is (we know the symptoms) and it's possible the goods are actually performing as expected given the requirement for air flow. 

My gut feeling is that you should obtain a full report from a qualified inspector and if this shows an inherent fault with the goods or poor installation then sue the company for the cost of putting things right (which might involve taking them out and replacing) , plus the report cost but less the refund you've received. 

But please do take legal advice as you have ended up in a complicated situation. 

Thank you PHK that's exactly what it is .I did say it was a short story and not all the boring stretched out  hassle i have had with this company. I was initially given a fitting date of 19th Dec 2024,i removed all my nets,and curtains ,blinds,alarm system and all my furnishings away so they would have easy access and space.They didnt show up at all and did not pre-warn me about not attending, I had to call them on that afternoon and to ask where was their fitters to install my units, they didn't bother to let me know they were not coming. Now i have this issue total nightmare tbh .Thank you 

pinkshoes

bigredlorry said:

Thank you for all your advise for my question. I did give the company the time to fix these issues and sent the letter tracked mail to keep proof i made an attempt.They advised 3 times they would come to my property but never arrived they did on the 4th appointment. Because the credit card company gave me back my monies  through the "credit card  charge back", not the section 75 as i asked for .Could i go to the ombudsman because a section 75 means the CC company is equally liable ?  I have been messed about with this DG company and now I am left to sort this out ,when i thought the section 75 would protect me for such issues as this .Thank you 

As already advised, you MUST get an independent person to write a report demonstrating that they are NOT fit for purpose. 

Once you have this, then as the company have not responded, you are then free to get someone else to install some more.

I'd then keep the window/door that has been removed and contact the company giving them 28 days to come and collect them, otherwise you will be unable to store them after this point. (You can then offer them for sale on social media, but hold onto the money you got for them - less the cost of the independent report, and should the company suddenly want them, then you can send them the money you got for them) This is mitigating a loss.

Should they then decide to take you to court, you can easily defend it with the paperwork trail, the independent report, the request to collect the window and door, and the fact you then sold them and offered them the money.

bigredlorry

pinkshoes said:

bigredlorry said:

Thank you for all your advise for my question. I did give the company the time to fix these issues and sent the letter tracked mail to keep proof i made an attempt.They advised 3 times they would come to my property but never arrived they did on the 4th appointment. Because the credit card company gave me back my monies  through the "credit card  charge back", not the section 75 as i asked for .Could i go to the ombudsman because a section 75 means the CC company is equally liable ?  I have been messed about with this DG company and now I am left to sort this out ,when i thought the section 75 would protect me for such issues as this .Thank you 

As already advised, you MUST get an independent person to write a report demonstrating that they are NOT fit for purpose. 

Once you have this, then as the company have not responded, you are then free to get someone else to install some more.

I'd then keep the window/door that has been removed and contact the company giving them 28 days to come and collect them, otherwise you will be unable to store them after this point. (You can then offer them for sale on social media, but hold onto the money you got for them - less the cost of the independent report, and should the company suddenly want them, then you can send them the money you got for them) This is mitigating a loss.

Should they then decide to take you to court, you can easily defend it with the paperwork trail, the independent report, the request to collect the window and door, and the fact you then sold them and offered them the money.

Thank you