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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice
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Customer Question

I have faulty doudle glazing the manufacturer refuse to do anthing as they say I have use a window cleaner and this has caused my rubber gaskets to break up causing this to delaminate the foil on the frame As there is a sticky substance I think it is more the sealant they use to join the glass unit together .what can I do.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is XXXXX XXXXX I will try to help with this.

Have you used window cleaner?
Customer: replied 3 years ago.

For JOMO1972 I have used window cleaner but not on the window that was taken away for testing

Expert:  Jo C. replied 3 years ago.
Did the manufacturer fit them?
Customer: replied 3 years ago.

nO, ADOUBLE GLAZING FITTER DID

Customer: replied 3 years ago.

FOR JOMO 1972 No a registered fitter fitted them

Expert:  Jo C. replied 3 years ago.
Is there any reason you are not claiming from the fitter?

Wasn't there a guarantee?
Customer: replied 3 years ago.

 


OR JOMO 1972 No a registered fitter fitted them


Yes there is a guarantee but he keeps going back to the manufacture, this has been going on for over six months and we are now at our wits end we are now about to send him a before action letter to claim in a small court claims court

Expert:  Jo C. replied 3 years ago.

If you had this work done by a fitter who offered a guarantee then these issues are not your problem.

Actually whether he issued a guarantee or not, he is still bound by the Supply of Goods and Services legislation. If the glazing that he fitted has failed unacceptably quickly then he is liable for it. If he wants to reclaim from the manufacturer then wish him the best of luck in doing so. It doesn't mean he isn't liable to you.

If he has offered a guarantee then you have additional rights to enforce against him.

The only way he can escape is to argue that your actions have caused the fault by doing something that would not reasonably have been done. Obviously these windows had to be cleaned in some way. If you haven't used anything corrosive then you are not liable for any faults.

If he will not make amends then just send him a letter before action warning him of the risk of legal action and giving him 28 days to put this right.

If he does not then get the work done elsewhere and sue him for the cost here

www.moneyclaim.gov.uk

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.

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