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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25950
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I had a storm door fitted on 16th Dec which failed to work

Resolved Question:

I had a storm door fitted on 16th Dec which failed to work when I flooded on 6th Jan. On 14th Jan and 18th Jan a fitter came to repair it saying he would flood test it the following week the 25th - which he cancelled. When he next came on the 15th Feb he found it was still leaking and that the bottom lock was faulty and would need to come again. Both appointments on 22nd Feb and 3rd March were cancelled at the last minute. On 8th March the fitter failed to come again and through my insistence the company owner came. At first he said he would need to make a new door but then decided a new bottom lock would do which he said he would do the following week. He finally came on 18th March and tried to fit 2 different bottom locks - both failed to work. He now says a complete new locking device is needed (top and bottom) which he said he would do in a couple of days. I still haven't heard from him. This has been going on since 6th Jan - could you advise please. I am 70 years old and recently widowed and am finding it very stressful. Thank you.
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

I'm sorry to hear of the issues you have experienced. Apart from the difficulties with regards XXXXX XXXXX door itself, have you also suffered damage to your property as a result of the flooding?

Customer:

Yes but my insurance company is dealing with it as water came in from the front and the back door.

Joshua :

Thanks.

Joshua :

Could you tell me was the contract for the door entered into during a visit by the company to you at your home or was it agreed over the phone or otherwise after a visit?

Customer:

I should explain that my flood was caused by the builders up the road who were pumping water off their land. My insurance legal team are dealing with that.

Customer:

It was agreed when the company owner came to my home to measure up and quote. Which I agreed to and paid on completion on 16th December.

Joshua :

thank you. Did the company owner provides you with a notice informing you of your right to cancel the agreement with the company?

Customer:

No. I didn't however want to cancel it as I had hoped that they knew what they were doing.

Joshua :

Thank you. because your contract with the installation company was concluded during a visit by the company owner to you at home and you place the order with him there and then, the order is covered by a law known as The Cancellation of Contracts made in a Consumer's Home or. Place of Work etc.

Joshua :

these regulations provide that any company supplying goods or services to a consumer in his home must provide that consumer with a notice specifying his right to cancel the agreement. if the company did not provide you with that notice, then you are entitled to a full refund of any money paid because under the above law, no contract can exist where they have failed to comply with the requirement to give you notice

Joshua :

accordingly, because from what you say no notice was provided, you can write to or email the installer informing them that they have failed to comply with the Cancellation of Contracts made in a Consumer's Home or. Place of Work etc. Regulation 2008 and accordingly, you require a full refund of all monies paid failing which you will make a report to trading standards in respect of their breach and claim monies back either via your credit card provider if you pay by credit card or in the County court if you pay by cheque or bank transfer

Joshua :

failure to comply with the above regulations is also a criminal offence by the supplier and trading standards have the power to prosecute

Joshua :

the above approach would enable you to recover all of your money and then instruct another party to fit a brand-new door. If you prefer to keep the Existing door but have it repaired as opposed have it replaced by an alternative contractor using the above approach, there is a different process you can consider instead. Would you like me to outline this alternative approach or do you prefer the above?

Customer:

Thank you. Should I tell the installation company this now or wait to see if they finally finish the job?

Joshua :

that is entirely up to you. It largely depends in part upon whether you prefer to have a new door from a new company on the basis you have lost faith in the original company or whether you are prepared to give them a little more time to rectify. the option is entirely yours

Customer:

I would be grateful if you could outline the alternative approach in case it comes to that.

Joshua :

in addition to the above rights, you have by virtue of the Supply of Goods and Services Act additional rights implied into any contract with the supply company provisions that require that the work carried out must be satisfactory and fit for purpose and as agreed and any materials supplied in the course of their work must be of satisfactory quality. During the first six months, any faults are automatically assumed to be inherent as opposed to having been caused by damage or otherwise under the provisions of the Sale and Supply of Goods to Consumers Regulations 2002. After the first six months, the burden of proof switches to you to show that any faults are inherent as opposed to having been caused by damage.

Joshua :

Under these rights you can insist upon a repair or replacement of any faulty workmanship or materials the contractor has supplied at the dealer's discretion. This right last for up to six years under the Limitation Act against the contractor though will be limited to what is reasonable given the life expectancy of the work carried out. You are required to give the contractor reasonable opportunity to repair or replace. There is no specific prescribed number of times that you must must not allow them the opportunity to do so however if they have failed to repair the same more than two-three times or refuse to repair the same this would usually be held to be satisfactory opportunity to do so and you would be within your rights to instruct an alternative contractor to quote to remedy the matter and look to the original contractor for the cost.

Joshua :

In terms of how you may consider proceeding under this approach, you may wish to write to the contractor by email and/or letter or fax referring them to your previous correspondence which you are disappointed has not been responded to and reminding them of their obgliations under the above legislation. and that as you have given them more than reasonable opportunity both verbally and in writing to attend to remedy the matter you propose to instruct a third party contractor to identify the faults and quote for the repair and look to them for the costs.

Joshua :

At that point they may become more cooperative and you may or may not allow them to attend to remedy at that stage. If not or you prefer not to give them any further chances consider a third aprty contractor for a quote (if you can obtain two and use the cheaper) and demand the sum from the original contractor company.

Joshua :

is there anything above I can help you with any further?

Customer:

Thank you so much.

Joshua :

A pleasure. If I can assist any further as the situation develops please do not hesitate to revert to me

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

Customer:

Thank you. I am just trying to rate you but it says you havnt finished answering - what am I doing wrong. How do I exit !!!

Joshua :

I understand the may be a fault at present. I'm very grateful for you trying. I have reported the issue. Please do not trouble yourself any further

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