Section 75 - Charge Back on some windows

WindowMistake

Thank you everyone for your detailed responses. 

You have given me real food for though.
So to clarify further, the new contract included payments that had already been made, so it was for the total contract amount.
I have since made further payments since June with only a small amount outstanding due to keeping to my side of the contract. It was only today when I saw the state of one of the unfitted windows, that I realised I really have no warranty protection on these windows.

For the benefit of Grumpy Chap and to my own embarrassment I have paid £10,000 to company B.

WindowMistake

EskBanker - the company paid off its debt to HMRC (although left a member of staff, the landlord and a couple of clients high and dry). They got to keep much of their machinery, vehicle and trailer to start again.

It really stings because I am usually so much more savvy than this and pay everything by credit card. 

Grumpy_chap

So, to clarify the payments:

• £25k contract value with A Ltd
• £10k paid to A Ltd by bank transfer
• A Ltd ceased trading
• £25k contract value with B Ltd
• £10k previously paid to A Ltd transferred to B Ltd by some process unknown
• £10k paid to B Ltd by bank transfer
• £700 paid to B Ltd by CC.

Is that correct?

WindowMistake

Hi Grumpy Chap
Yes that is correct.
(sorry for the delay in response, I didn’t realise the thread had gone onto page 2)!

Grumpy_chap

So, potentially, the OP might be seeking S75 claim for £20,700.
This will take some considerable time while the CC investigate.  There will likely be some reduction for the value that has been received - the windows that are on site.
Will the S75 be jointly and severally liable given the OP was already in dispute prior to the payment by CC being made?  This cannot possibly be how S75 was envisaged to function.

eskbanker

Grumpy_chap said:

There will likely be some reduction for the value that has been received - the windows that are on site.

OP is saying that these are substandard, so is presumably going to assert breach here too?

Grumpy_chap said:

Will the S75 be jointly and severally liable given the OP was already in dispute prior to the payment by CC being made?  This cannot possibly be how S75 was envisaged to function.

Trouble is, s75 wasn't envisaged to handle anything remotely resembling its current scope - when introduced in 1974, routine purchases on credit cards were practically unheard of and the legislation was intended to deal with linked finance arrangements that bound the creditor and supplier closely together, rather than the arms-length model prevalent today.  I don't believe that a dispute nullifies the potential to claim, but happy to be corrected!

Grumpy_chap

eskbanker said:

Grumpy_chap said:

There will likely be some reduction for the value that has been received - the windows that are on site.

OP is saying that these are substandard, so is presumably going to assert breach here too?

Yes, that is so.
I am unclear as to how substandard the windows on site actually are.  The OP says:

WindowMistake said:

new wooden windows for my home. 

He delivered 2 windows of the 12 I ordered. But these windows were the two that I asked to be delivered last. (The contractor that I had employed to help install them wasted a week being unable to fit the windows).

Here I am today, with four windows been delivered. The quality is poor, and one of the windows I have noticed has paint peeling on what will be the external face.

Paint peeling on wooden windows after a period of time stored outside is not unusual or exceptional.  The windows would require periodic maintenance whether installed or not.  In fact, not yet installed, the windows might deteriorate more rapidly than installed, particularly if the manner of the windows being stored is not allowing water to drain away / blow dry the windows.

It also seems as though the window company might only have been engaged to supply the windows as there was another contractor employed to install them.  That would mean any issues around the storage and installation is down to the OP and not the window supplier.

I am unsure in what way the installation contractor was unable to install the first two windows received.  Were the windows the incorrect size?  Was the installer trying to install window Z into the space for window Y?

WindowMistake

So the windows are stored in an Oak lean too out of the weather.
They have not been in contact with any rain, or frost and are free to breathe.
They were delivered 3 weeks ago, it most definately is unusual and exceptional.
Painted windows should last 6-10 years before they need maintenance.

As to your comment as to why I was using another contractor to fit the windows - originally the manufacturer was going to fit them. But he is a clown and so I asked some reputable builders to help me fit the 2 first floor windows. 

WindowMistake

Because I have been renovating my property, I wanted them delivered in a specific agreed order.
So that other works around the house could be completed to a plan.
- The easier to fit windows first, that would allow more rooms to be completed with the least amount of effort.

eskbanker

WindowMistake said:

Here I am today, with four windows been delivered. The quality is poor, and one of the windows I have noticed has paint peeling on what will be the external face.

Putting aside the paint peeling, in what (objective) way is the quality poor, i.e. how will you convey that the contract has been breached if seeking to claim this?

WindowMistake said:

Because I have been renovating my property, I wanted them delivered in a specific agreed order.

To what extent was this schedule incorporated within the contract, and is there any sort of 'time is of the essence' clause?