small courts claim who to direct it to

[Bunting2010]

Hi All and thanks for looking

I spoke with a large well known window company. To order windows for my house.

On payment they instructed their fitter/agent to take payment and install the windows. The Fitter/agent does not work with the window company, it’s a separate company.

90% of my email correspondence was with the window company. Only 5% with their agent/fitter.

Im requesting a full refund as windows not fit for purpose.

The agent/fitter never gave me a receipt for the payment. The fitter/agent for the window company was never a registered company on companies house.

I trusted the agent/fitter on the basis that they were instructed by the window company to take payment

The window company are saying my claim lies with the fitter and their agent. Who do I claim against. It would be easier to claim against the window company as they are registered UK company.

Thanks

[SimonTheSailor]

What car did the salesman use ?

[Muzzer79]

You claim against whoever you paid for the work.

You say the agent/fitter never gave you an invoice….but the window company did….right?

You didn’t lay out thousands without an invoice from anyone?

[Bunting2010]

Muzzer79 said:

You claim against whoever you paid for the work.

You say the agent/fitter never gave you an invoice….but the window company did….right?

You didn’t lay out thousands without an invoice from anyone?

No invoice from either the window company or the fitter. paid 10k to the fitter
The window company is big, and has a good reputation.

[Digger]

How many windows & what are the issues - surely not all of them need replacing?

[TonyRPH]

Did you get a FENSA certificate from the installer?

Are they even FENSA registered?

[Mandat]

Who is your contract with?

That is who you sue.

[LocoBlade]

All sounds a bit strange, is this the complete and full story OP? This "well known window company" sounds more like a manufacturer that doesn't do installation themselves simply passing on leads and making sales of their windows from those leads to the subcontractor for fitment, rather than a conventional Everest type company that presumably oversee the whole lot, but the fact you say 90% of correspondence was with them doesn't fit.

Who measured up for the windows, the window company or the fitter? The fitter could be a sole trader which means they wouldn't be on Companies House but if they aren't Fensa registered or don't have a means of Fensa certifying the install I don't believe they can legally fit can they?

[TonyRPH]

LocoBlade said:

<snip>
The fitter could be a sole trader which means they wouldn't be on Companies House but if they aren't Fensa registered or don't have a means of Fensa certifying the install I don't believe they can legally fit can they?

My understanding is that if the fitter is not FENSA registered, they can still install windows, however they (or the customer) then needs to get bulding control to sign off the installation.

However I'm sure there must be many, many DIYers who have installed their own windows with no sign off!