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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48160
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I had patio doors fitted quite a while ago they are out of

Resolved Question:

I had patio doors fitted quite a while ago they are out of guarantee on sat the patio door 6ft by 6ft fell off completely and hit me in the back I e mailed safestyle no answer I then rang 4 days later they informed me that I would have to pay 72 pounds for an engineer to call . I live alone don't earn a great deal I don't have 72 pounds to spare and I just don't think this should have happened my grand children were here the day before and just doesn't bear thinking about please advice
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

How long ago did you have them fitted?

Customer:

about 11 years

Ben Jones :

ok let me get my response ready please

Ben Jones :

When you have entered into a contract for work and materials, where the main focus is labour and skill, the law says that the work must be carried out with reasonable care and skill – i.e. to a proper standard of workmanship;


 


In addition, any materials provided as part of the work must:



  • Match their description

  • Be of satisfactory quality


 


The issue is with the time since installation and the fact that pursuing the company will not be easy. Whist you can ask them to come and repair the door, if they refuse to, or try to charge you, then you cannot force them to do so and the only way would be to take them to court. The issue then is that you may be out of time to claim as you only get 6 years to claim for a breach of contract and the breach would be an improper installation or defective door and the time would start running from the date of installation so you would be way out of time to make a claim. Also you would need to pay for the claim fee, hearing and allocation fee and your expenses could easily overshadow the amount you would be expected to pay now.


 


It means that you are not in a very favourable position to demand a repair and you would really be relying on their goodwill. You could try and step things up by threatening to report them to Trading Standards or take them to court and hope that they then change their mind but if they refuse then you are really only looking at the court option, which will be risk in the circumstances.

Customer:

ok not the answer I was hoping for will have to try and secure the door my self thank you

Ben Jones :

Of course, I understand it may not be the answer you were hoping for but obviously I have to be honest with you and not give you misleading information

Customer:

I understand completely thank you for your help

Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and feel free to bookmark my profile for future help:



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