How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47424
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

Question regarding my contract rights glazing. I

Resolved Question:

Question regarding my contract rights for double glazing.
I am having my windows & doors replaced. It has been a real chore with this company. I waited 3 days for a surveyor, then, when they should have been fitted, I get a call on the morning to say the glass has been broken so they'll not be able to fit that day so I had to take more time off work having also taken time off for the fitting as well.
When the fitters arrive, we ask about a skylight we were quoted for and charged for but they know nothing about it. We mentioned to the salesman about the cost of some £300 for a fixed skylight being nearly as much as a window. He put it on the quote and it's on all the paperwork we have as supply and fit. The company now say it was only a quote and would only be done if possible without scaffold so they say there is no skylight and it hasn't been charged. This is at odds with our paperwork.
We have paid 2 instalments and now have £500 to pay. In light of no skylight and time taken off work which wasn't needed for the first fitting appointment, I'm in two minds as to where I stand if I want to withhold the payment, or part of. The job has not been finished as yet, although all the windows and doors are in and just need trimming and finishing. We just don't have the skylight.
When I'd previously asked the boss when he knew of the broken glass he said he wasn't in the office and would have to get back to me. I said he should know what day it was. He was obstructive. He also said they were from down south (vague) but I said they should have been here for fitting. He also claims the skylight was not on the quote and it was just to make good the window in there now. I said it was on the quote and it's on all the subsequent paperwork as supply and fit the windows, doors and skylight.
Can you help me with my rights, please?
Thank you,
Graham Palmer
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. What are you hoping to achieve please?
Customer: replied 1 year ago.
Either to get a skylight as paid for or refund for the amount of £300 paid.
Expert:  Ben Jones replied 1 year ago.
When you have entered into a contract for work and materials, where the main focus is labour and skill, the Consumer Rights Act 2015 says that the work must be:· Carried out with reasonable care and skill (to the same standard as any reasonably competent person in that trade or profession);· Finished within a reasonable time (unless a specific time has been agreed); and· Provided at a reasonable price (unless a specific price has been agreed). In addition, any information said or written is binding where the consumer relies on it. This will include quotations and any promises about timescales or about the results to be achieved. If there are problems with the standard of work, or any of the above, you will have certain rights: 1. The trader should either redo the parts of the service which are inadequate or perform the whole service again at no extra cost to you. This must be done within a reasonable time and without causing you significant inconvenience. 2. If redoing the work is impossible or cannot be done within a reasonable time or without causing significant inconvenience, you can claim a price reduction. The price reduction would depend on how severe the issues are and could be as much as the full cost of the work. 3. If the service has been performed so badly that it would be unreasonable to expect the consumer to give the trader a second chance, you may be entitled to claim the cost of remedial work by another trader. In order to resolve any problems that have arisen, it is generally recommended that you follow these steps: 1. Collect all documents relating to the work (e.g. estimate, contract, correspondence, etc.).2. Contact the trader and explain your problem. Ask them to return to fix the issues and set a reasonable time limit for them to respond (7 days is reasonable).3. In the meantime find out if the trader is a member of a trade association with a mediation service that can help resolve your complaint.4. If the matter is still not resolved, write to the trader repeating your complaint and how you would like them to resolve the issues. Say you are giving them a final time limit of 7 days to resolve the problem or you will have to consider taking legal proceedings to recover your losses.5. If the trader fails to respond or refuses to resolve the problem, you could potentially get a different trader to complete the work and consider suing the original trader for all or part of these extra costs. Remember that court is your last resort, however it can be a good negotiating tool because it shows you are serious about resolving this and may prompt the trader to reconsider their position. 6. Finally, make sure that you send all correspondence by recorded delivery and keep copies. If you wish to take the matter further and issue legal proceedings, assuming you will just be claiming financial compensation, you may issue your claim via the Court’s online portal at www.moneyclaim.gov.uk. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
Thank you for your reply. I'll take note and use what I can.
Graham.
Expert:  Ben Jones replied 1 year ago.
You are welcome. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Customer: replied 1 year ago.
Hello, again, Ben.
What I am planning to do is because I don't have the skylight I paid for and I had to take 3 days off work when the windows were due to fitted the first time, is to deduct £300 from the final of the £500 owed in recompense for the missing skylight which we were charged for at £300 and for my 3 days taken, so they are actually only being deducted the amount of the skylight but the days off back up the claim either way.
I intend to write the cheque for the £300 and write on the back paid under protest as under the supply of goods and services act 1982 I haven't received the full items I paid for even though the company insist I was never charged for the skylight and it was only a quote, but my wife and I both challenged the salesman over the cost of the skylight at the time and went for a fixed one as it was the cheaper option. He measured it and quoted on that. The final quote price he gave us in our home that night is exactly the price we were charged on the bill so the skylight is on the bill. On all our paperwork from the company it clearly states windows doors and skylight supply and fit. At no time between the original salesman visit and the fitters arrival were we informed by the company that we were not getting the skylight.
Am I within my rights to withhold the £300 in light of the statement above?
Thanks, Graham.
Expert:  Ben Jones replied 1 year ago.
Hi you can certainly try that approach and not state that you are paying it in protest but instead state that it is being paid in full and final settlement for the money you owe and if they bank the cheque they will be accepting these terms and should not be able to chase you for the remainder. Hope this clarifies?
Ben Jones and other Law Specialists are ready to help you