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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I bought a brand new property in Dec 2011. On repainting windows

Resolved Question:

I bought a brand new property in Dec 2011. On repainting windows in May last year, when rubbed down, one of the wooden sash-window frames was found to be split and had been filled in with wood -filler and pinned. I reported this immediately to my builder. I have had several conversations by phone and email. " reps from the builder have called to look at window, as well as one from the supplier. None of them could make a full assessment as they did not have a ladder. The builder has now informed me that I am outside the 2 year claim period, and that the original manufacturer will come and make repairs to what they see as minor damage. I am outraged that someone has clearly been involved in covering up damage and no-one is accepting responsibility. Can I do anything about this?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know the cost of putting right and do you also have a 10 year guarantee?
Customer:

Hello Alex, I have a 10 year Builder's guarantee under the NHBC scheme and the man I have been in contact with at the builders told me by phone that the windows are under guarantee, I assume for 10 years, but I cannot check this right now.

Customer:

I don't know the cost of putting this right as I have only just recieved email from builder to the effect that I am outside their 2 year period , presumably for claims about defects. I will try and copy the email to you in a few minutes.

Customer:

Here is the email. Please note that Jeld-wen has not been out to inspect the damage. Dear Ms Waller,

In response to the below. As this concern has been raised outside of the 2 year warranty with Hopkins Homes, it is now in the warranty period for Jeld-wen windows.

My understanding is Jeld-wen have offered to carry out a remedial on the window frame which you will not accept as you would like the window replaced. I can advise I have spoken with Jeld-wen who have said will only carry out a repair to the window frame and not offer a replacement as the works are minor.

I await your response.

Customer:

I cannot rate your service yet as we are not very far along with the query

Alex Watts : To be honest you probably won't a replacement rather than a repair because of the length of time. It's like Kia offering the 10 year guarantee and demanding a new vehcile 9 years into it.
Alex Watts : But you can get them repaired or replaced if that works out cheaper.
Alex Watts : You need to get a a number of quotes for getting the work done. This is then your loss
Alex Watts : You need to write and set out your losses and request repair or a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
Alex Watts : If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
Alex Watts : The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
Alex Watts : If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

I have been away from the computer. Could you check your first sentence please, I'm not sure what you meant. Also, who do I need to write to - the builder/supplier/manufacturer? Does someone have to take responsibility for the initial damage and cover up of that damage, which is disgraceful anyway?

Alex Watts : Sorry I missed the word get. You probably won't get a replacement. You write to whoever the 10 year guarantee is with
Alex Watts : I agree, it's disgrafeful and they should be taught a lesson.
Customer:

I was hoping that as the window had been installed in a damaged state, I would be able to claim a replacement, but if this is not so, then at least i know where I stand, no matter how disappointing. Thank you for your help , Alex.

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