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Jenny
Jenny, Solicitor
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I need advice on submitting a small claim against a window

Resolved Question:

Hi
I need advice on submitting a small claim against a window company that installed a conservatory at my address.
We employed a Unique Windows to install a 'T' shaped conservatory which cost £17,500.00.
After the completion of the works, the joints in the roof glazing unit panels started to leak 10 months later.
Unique Windows attend to the leaks carrying out minor repairs.
Their reason for installing joint bars in the glazed unit roof panels was that the glazed units were to long and could not be manufactured to suit the conservatory roof.
The joints were repaired and over the following 5 years they returned numerous times to attend to the leaks that kept occurring.
After 5 years had lapsed we called unique windows to say the we had another leak and their response was that the guarantee had lapsed and would not return.
We sent them a letter requesting they return to attend to the leaks but the ignored this.
Since this time, I've found another contractor that could replace the existing glazed unit roof panels to the size required without the joint bars for a cost of around £5,000.00.
We are also experiencing leaks in the valleys of the conservatory roof and now considering taking down the conservatory and building something different.
Due to the leaks experienced above, we have claimed on our house insurance to replace an Oak dining Table and to have the Oak floor completely re-sanded and resealed.
Please advise on the process to submit a small claim against Unique Windows for the above.
Kind Regards
David ***********
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. Are you seeking to claim the cost of the repair work i.e. the £5000?
Customer: replied 1 year ago.
Hi JennyI'm seeking guidance on whether I should claim for the £5000 repairs or for the full costs of £17,500, as I believe we will have to replace the conservatory due to the leaks that keep occurring?Regards
David
Expert:  Jenny replied 1 year ago.
You would not be able to claim the full value of the conservatory if you intend at this stage just to do a repair on the basis that Unique Windows are saying it is out of Guarantee, your loss would be the cost of the repair. You could attempt to recover the cost of the conservatory itself but I do not think that you would succeed in this argument because you have accepted repairs as an option in the past and due to the time that has passed since you had the conservatory installed. Bearing in mind that a conservatory is not a permanent building and would require replacement at some point in the future a court would be highly unlikely to award on this basis. It is more likely that they would award a reduced sum to take into account the fact you have had 5 years use of the conservatory. It is hard to estimate what that sum would be. This means the easier claim is the cost of repair. In either instance you will need to write a letter before action to the Company giving them 14 days to come up with a solution or you will raise a claim. A claim for a known sum of money can be made online at www.moneyclaim.gov.uk. Otherwise you will have to submit a paper form at your local county court. Is there anything further you would like to know about this?
Customer: replied 1 year ago.
The Guarantee we have from them is for 10 years but they just said they would not respond any more and that's why I had to engage another contractor to carry out the repairs.
Expert:  Jenny replied 1 year ago.
In that case they are in breach of the guarantee so the case for the repair is very clear cut in my opinion. Please do let me know if there is anything further you would like to know. If I have answered your question I would be grateful if you would take the time to rate my answer as I am not otherwise paid for the time I have spent answering your question. Thank you and all the best.
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