Consumer rights act

[Fergie87]

Hi all,
I am hoping someone here is well versed in the consumer rights act. I have had some windows manufactured and fitted but for various reasons have rejected them within 30 days based on them not being of satisfactory quality. I have also stated that there service was not of reasonable care or skill. The company wants the opportunity to repair and has admitted fault but due to what has already happened I would not have them back. Plus they ignored me for 3 weeks until receiving a letter by recorded delivery. However I would be open to a repair from another professional.

I am asking for a refund for the fitting service provided but not sure what to do about the windows, I don't want them taken out and my house left exposed until another company can manufacture and fit.
My question is if I make them an offer of what I think the goods are worth based on a repair from an external company and they reject it can I still claim a refund?

[anonymous-user]

What does the supply and fit contract state? There should be a dovetail between that and the CRA. Personally I'd let them come back and repair and go from there. Seems unfair for them to accept your complaint but you not give them opportunity to fix at their own expense. An external repair would be more expensive- would you pay the difference between their cost price to fix and the external company's retail price to do the same?

[Fergie87]

janesmith1950 said:

What does the supply and fit contract state? There should be a dovetail between that and the CRA. Personally I'd let them come back and repair and go from there. Seems unfair for them to accept your complaint but you not give them opportunity to fix at their own expense. An external repair would be more expensive- would you pay the difference between their cost price to fix and the external company's retail price to do the same?

I get what you are saying but there is no way I would have their fitters back after the state my house was left in. I have no belief in their competence to do the job. I really don't want to go into to the details of it but it is the worst experience I have had from any trade.

[Alucidnation]

Where were you while they were fitting the windows?

[A205GTI]

What exactly is the issue is it the glass or the frames? glass can easily be replaced as can frames (I used to sell PVC Windows and doors to new build) I would give them the opportunity to repair if possible

if you give me an idea of the issue, I can tell you what the repair would roughly entail.

[Fergie87]

The house is a large project and we aren't currently living there. I was working so they were unsupervised. The major problem is the windows are too big for the holes. Rather than accepting a balls up and taking the windows away the holes have been enlarged by the fitters who have damaged walls and render/plaster. They even knocked bricks out and left them with the lintel exposed. The windows themselves are too tight, once we have plastered/rendered again the windows won't be able to come out should we wish to replace them. We are talking 1-2mm gap around the frames.
The actual windows themselves are leaking but I have been told that can be rectified with adjustments. The fitters have also bent some of the frames by screwing them in too tight.

The more I write, the more I think I am just going to reject them.

[A205GTI]

Get another two firms around to quote, and then I would talk to them about time frames and tell them the issues, then go to original company for difference in pricing?

We had one house where our fitters decided due to natural brickwork 4 inches of mastic would work.

So I feel your pain.

[hutchst]

You need to tread a little bit carefully, if your complaint is about the installation. Generally, supply and install is covered under s.15 of the CRA, which has no short-term right to reject (s.19(4)), only a right of repair, (by the original company you have contracted with), a price reduction AFTER an attempted repair has failed or rejection AFTER repair has failed (s.24(5)(a)).

If you refuse to let the company repair or replace whatever is not satisfactory, it is possible that you have no rights under the CRA.

[anonymous-user]

It is possible the firm will send someone other than the fitters to investigate

I would think you are almost obliged to let them do that before doing anything else

I’d suggest getting that done ASAP and basing your course of action on the outcome (which you will make a time is of the essence issue) of that