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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a problem with double glazing company (Nationwide Windows

Customer Question

I have a problem with double glazing company (Nationwide Windows Ltd) who are fitting windows and doors in my house.The fitting started on 12/10/2015 and not finished.While they were fitting the windows they got damaged and workmanship was very poor.They were not willing to fill the gaps between window frames and wall.I complained to the company but they are not willing to replace damaged windows and finish off the work in proper manner.
I have had lot of correspondence by email and also wrote a formal letter to their CEO which they replied after a month threatening me with a cost action after seven days starting from 30/11/2015 .I have yet to pay any money towards the installation.How do stand legally and how do I proceed forward with this situation?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
What is it you want to achieve please?
Customer: replied 1 year ago.
I would like Nationwide Windows to replace all the damaged windows,tiles which were damaged and replace window boards, trims and seals them inside out
Expert:  Ash replied 1 year ago.
Have they refused?
Customer: replied 1 year ago.
They are not willing to replace the windows or fill the the gaps between the window frame and the surround wall.
They want to finish of the windows without replacing with new windows.
Expert:  Ash replied 1 year ago.
What you need to do is get a surveyors report to see what the defects are and what needs to be done to fix it. You need a Court approved surveyor because it may become necessary to use this report. Once you have this report you can send it to Nationwide to detail exactly what remedial works needs to be done.
Nationwide have a duty under S.49 of the Consumer Rights Act 2015 to act with all reasonable skill and care. If they refuse then you can get a number of quotes to put the work right.
If the balance outstanding to Nationwide is less than cost of repair then you can pay the difference to Nationwide, ie you owe Nationwide £1000 and it costs £700 to put right, you pay Nationwide £300.
If on the otherhand the amount of repair is MORE than you owe to Nationwide then Nationwide should actually pay YOU that difference. If they dont you can issue a small claim if that sum if £10,000 or less
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
In the meantime how do I slow them down regarding court action they are threatening me with seven days from 30/01/2015
Expert:  Ash replied 1 year ago.
They can threaten all they want. Just write back and say they are in breach of S.49 and you are in the process of getting a surveyors report.
Does that help?
Alex
Customer: replied 1 year ago.
I understand what you are saying but what if they choose to ignore my reply and go forward with court action regardless.How do I stand with court costs and also would you give me an idea of how much the court cost would be?. .
Expert:  Ash replied 1 year ago.
You can defend the claim and counter claim if it works out they owe you money. Either way your surveyors report will be very useful and needed for Court to show their poor workmanship.
Does that help?
Alex
Customer: replied 1 year ago.
sorry might be a silly question but how do I go about defending myself and what are the court costs involved
Expert:  Ash replied 1 year ago.
If its less than £10k its a small claim so no court costs. You file a defence if and when you get a claim form. The matter then gets allocated to small claim.
Does that help?
Alex
Customer: replied 1 year ago.
Again I understand what you are saying.This is if I take them to court but what I they take me to court.any idea what costs I am looking at?
Expert:  Ash replied 1 year ago.
Just an issue fee and hearing fee.
These fees depend on value and listed here:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/ex050-eng.pdf
Does that help?
Alex
Customer: replied 1 year ago.
So to recap I get a surveyor, reply to Nationwide Windows informing them they are in breach of S.49 and go forward.
What do you think are my chances of success?
Expert:  Ash replied 1 year ago.
Correct. I think your chances are good depending on the report.
Alex
Customer: replied 1 year ago.
Finally a question outside the this subject.
The money I paid today to site is it one of charge for the question or I have signed on for monthly subscription?
Expert:  Ash replied 1 year ago.
One off.
Alex
If this answers your question could I invite you rate my answer before you leave today.
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Customer: replied 1 year ago.
I did try to get in touch with you yesterday after 5pm no reply your end.
This question was asked within 7day free trial so there should have been no charge.But now I have subscribed for the month therefore should be no charge for any further question I may have.
My new question yesterday was a follow up of my previous question.I will come back to you on that tomorrow.
Expert:  Ash replied 1 year ago.
Ok.
Please start any new question - for Alex and I can pick it up,
Alex