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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69251
Experience:  Over 5 years in practice
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Anglian windows installed new windows throughout my property

Customer Question

Anglian windows installed new windows throughout my property in February at a cost of 13.5K, in March 28 defects had appeared over the 10 windows and these were photographed and sent with a letter of complaint to Anglian. Since then, my complaint has been escalated to the CEO's office and the Glass and Glazing Federation but no contact had been received other than failed deadlines to resolve this matter. 6/7 months on and the windows are still in a poor state, what is my next course of action to resolve this matter?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
What is the nature of the defects?
Customer: replied 2 years ago.

example of defect

Expert:  Jo C. replied 2 years ago.
Thanks. I will try to open that now.
Expert:  Jo C. replied 2 years ago.
Have the windows broken at this point or is this just a gap which has opened up?
Who put the screw in place?
Are all the defects the same?
How did you pay the cost?
Customer: replied 2 years ago.

A gap has opened up around the joints. The windows are made in factory so everything you see was made in factory conditions, the only thing extra they do on site is fit an architrave around the windows. The majority of the defects are similar, mainly cracking on the joints.

I paid a deposit by debit card on placement of order then the balance again by debit card upon completion.

Expert:  Jo C. replied 2 years ago.
Have the windows actually broken or is this a joint that was always there which has now opened up.
The reason I ask is that the corners are usually welded on upvc windows.
Is the screw shown in the photograph part of the original installation?
Customer: replied 2 years ago.

these windows are timber sash, not UPVC so all glued and screwed. with all the attachments screwed into place which is the screws you can see.

Expert:  Jo C. replied 2 years ago.
If you paid for these windows by credit card you could file a section 75 claim with the credit card company. Section 75 of the Consumer Credit Act puts joint liability onto the credit card company, along with the merchant, for the goods. If you did not pay by credit card then that is not an option.
They are in breach of the provisions of the Supply of Goods and Services Act for failing to install these windows with reasonable care and skill and in breach of the Sale of Goods Act for failing to supply goods of satisfactory quality and fit for purpose.
Assuming that the corner should be welded and has actually broken rather than just being a joint which has opened slightly and which could be remedied with flexible filler, the product is defective and after just over 6 months has not remained free from manufacturing defects for a reasonable period of time and has not remained free from manufacturing defects for the statutory 6 years under the Supply of Goods to Consumer Regulations.
You say that deadlines have come and gone and unless you do something, there will be more deadlines that will come and go in the future and the windows will stay as they are.
You need to get someone else to give you a price for either repairing these windows or replacing them. I imagine that they cannot be repaired although I am not a window expert. Whether it is a repair or replacement, you then need to contact the manufacturer/installer and tell them how much it's going to cost to replace them and give them a deadline to do the job failing which you will get the job done yourself and sue them in the County Court.
It is important that you get a quotation for the job and not simply an estimate.
If they do not remedy whatever is wrong by the deadline you are then going to have to issue court proceedings.
I would probably give them another 6 weeks to resolve this and give them a deadline probably towards the latter part of October. Do put that deadline in writing and tell them what you propose.
There is another issue here and that is with regard to the remaining windows because it would seem highly likely that if these windows have broken, the others will follow suit in a short space of time. For that reason, I think you need to look at them all extremely closely to see if there are any minute cracks which would indicate that they are starting to fail.
Can I clarify anything for you?
Jo C., Barrister
Category: Law
Satisfied Customers: 69251
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi, thanks for your detailed response and assistance, can you just clarify the county court process, how do I start proceedings? Do I need a solicitor or can I just go straight to the court to issue a notice?

Expert:  Jo C. replied 2 years ago.
You can issue court proceedings online here quickly and easily. The court will then write to you each time and each letter will gradually guide you through the process

It is really important that you give the window company the opportunity to reply by a certain date before issuing proceedings.

There is no legal reason why you cannot do it yourself although you may want to get solicitors to draft the 1st letters before action.

You are also going to need expert evidence from someone else in the form of a report detailing exactly what has gone wrong with these windows.

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