FENSA Guarantees

ben_and_elly

Hello. Anyone can help?
We purchased double glazing three years ago with a FENSA approved DG company. They have since changed trading names and the fitter is still working. Windows have blown and we need replacement, however:-
FENSA insurers are saying that as we did not send a tear off slip back to them, we are not covered
DG firm also provided us with ten year guarantee, however, the fitter is now saying that unfortunately, this is not worth the paper it is written on.
He has offered to come back, measure up and charge us for replacement windows, but I don;t really want to do this as I thought we were covered.
Can anyone help as to where I stand or am I really stuffed?
Thanks

Rex_Mundi

I'm a bit confused by your post. FENSA don't offer a guarantee themselves. They only issue you with a certificate to say that your windows comply with current building regulations.

A basic requirement for a window company to be registered with FENSA is that they must offer an insurance backed guarantee (this guarantee doesn't come from FENSA). If the company did not do this, and is still registered with FENSA, I would report them. If your 10 year guarantee is not insurance backed, it looks like you are stuffed.

I've seen this so many times over the years.......A window company goes bust leaving loads of debt, then opens up straight away in the same premises, same owner, just different trading name and none of their old obligations. This was rife in the eighties, but I know it is still going on (one local company around my area is on their third name change now). The authorities seem reluctant/toothless to do anything about it.

ben_and_elly

Thanks for your reply. Sorry, I get confused with all this paperwork.
We got a FENSA certificate to say work carried out under correct regulations.

Later on after windows were fitted, we received a Contingency Insurance certificate from Lloyds saying Insurance Guarantee. Unfortunately, I just assumed this just needed filing in case of problems. However, in the very very small print (as pointed out today after phoning Lloyds)it says that I had to send off a tear off slip of paper, recorded delivery, within 30 days of windows being fitted This is apparantly, so that I can register the guarantee. OOOPS - never realised this so apparantly guarantee is worthless.
As you said, this Company is still trading under a slightly different name but with the same man in charge! He is willing to replace the windows, but obviously will charge us to do so as he is not the original DG firm!
I can't believe how easy it is to be ripped off!
I suppose I can just say - ALWAYS, ALWAYS read every single small print in future.
Stitched up like a kipper, I do believe!

Rex_Mundi

Even if you only get the units changed. There is no reason for a decent company not to offer a 10 year guarantee on these new units. Read the small print this time!!!

I know that legally the company may not be liable now, but in your situation, I would be loath to give them more money. For the units to go after only three years suggests a possibility of very bad quality units and/or bad workmanship.

ben_and_elly

I know - it has taught me a huge lesson and hopefully to anyone else - read everything!
Thank you for your time and comments. If I manage to get anywhere, I will leave a thread. ( I am going to speak to local council, they may be able to advise?)
Many thanks

stryker2001

Amazing isn't it ? People go with large companies thinking they get a better deal and wallop. Bust, change name, everything promised out of the window. I know its too late but i always go with small, family run companies or 1 man bands with a trusted record. Im not Fensa registered but i install windows and doors. You dont have to be Fensa registered as long as you go down the correct route of informing the council about new installations, filling in the appropiate paperwork and getting the work checked. I've even done work for customers where they didnt want all the hassle. Sold their house shortly after. The estate agent wanted proof the windows were fitted upto standard so i produced the a Fensa cert from my window supplier. No problem what so ever. House sold. I reckon its all a big money making scam from the governments and local council with many many loopholes. It doesnt solve your problem unfortunately. You might have to bite the bullet and just get the glass replaced. Easy job. Glass costs about £25 a square meter, dont let them rip you off.

McAzrael

On a point of pedantry, FENSA registered compaines don't have to offer an insurance backed guarantee, but do have to offer (or arrange for someone to offer) insurance to back their guarantee. You don't have to accept the offer. You may have to pay separately for it if you do. I can't see as it makes any difference in this case, but please don't assume that because you use a FENSA registered company their guarantee is insurance backed. It may well not be.

Certass have different rules.

ben_and_elly

A big thanks to all who have taken the time to respond. Very helpful, wasn't sure what responses we would get as only new to this!

sashman

All thats been said is true, FENSA simply means the installer has self certified that they did the job to the building regulations, thats it. The installer must only prove they OFFERED insurance.

However if the company is trading with similaer names from the same buildings etc, you may like to check the companies act for insolvency, section 123 (i think), because the law changed about the time you purchased the windows.

If a director wishes to trade in a new company , with the name , similar name or a name that may mislead consumers that its the same company, then the directors must first get permission from the creditors of the old company befor ethe new one starts trading.....if they didnt then they become personally liable.

They'll rely on the fact you'll think its too much hasstle, but maybe a letter to the new company pointing out this may make them reconsider how they deal with you.

Dont just accept it.


sashman

CoolHandPuke

As a Company owner myself I find this an absolute disgrace to the industry!

Misleading customers is tantamount to fraud, I bet he gave you the line all our instllaions carry an insurance backed guarantee option and in the even of us ceasing to trade you guarantee is backed up by lloyds of london???

Well let me give you some advice and gthe exact thing I would do myself if I had been stiffed by the rogue traders in the industry.

Invite them back be very very nice and agree a deal, place no deposit!!! and if he asks for one make an excuse and say you will pay half. then the rest on completion.

When installed they will want the balance. Tell them where to go, thank them very much for the repair and wish him well!

Legally I am not advising this just a personal view!

In future be cautious, if its cheap there is normally a reason, if it seems to good to be true it probably is and always and I mean ALWAYS deal with a reputabal firm!

Good luck

CHP