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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46182
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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We had new windows doors etc., fitted about 7 years ago,

Customer Question

We had new windows doors etc., fitted about 7 years ago, they are under guarantee for 10 years. We had numerous issues with the fitters and kept calling Safe Style out to put the issues right. My husband told the fitters not to worry about the render as he was going to re-render the house. Due to ill health he has only just done this. It has now become apparent the extent of damage they did when installing them. The front door was not put in the original position which caused an ants trail and draughts. Finally the front door is in the correct position but my hall looks like a demolition site. They refuse to make good the interior of my hallway saying its not down to them. All the windows have plastic trim and when I took it off one window there is a gap with hardly any expanding foam in it. They also say that as it has some foam in the gap that it is also not down to them. I just want my house back to normal. can you please advise if we have a case with trading standards. I do have photographic evidence showing the destruction caused.
kind regards
Amanda Noto
Submitted: 8 months ago.
Category: Law
Expert:  Ben Jones replied 8 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 8 months ago.

Have you made any recent contact with the fitters regarding this?

Customer: replied 8 months ago.
we have been in constant contact. A fitter came and put the front door where it should be and replaced the window sill on the outside of the bay because they had cut it too short. He also took the trim of the hall window which is when we noticed a gap between the window and inside wall. Now the door is in the correct position it shows that the original fitters have butchered the skirting and also the coving around the top of the door. The fitter took photo's and contacted head office who rang my husband and said its not down to them. I have also received an answer to a stroppy email I sent them saying the fitter will be out again on Wednesday 13th to replace the window sill again as it is damaged.
Expert:  Ben Jones replied 8 months ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Customer: replied 8 months ago.
thank you. I am not at work tomorrow so will pick up the email on Thursday.
kind regards
Amanda Noto
Expert:  Ben Jones replied 8 months ago.

No problem at all.

Expert:  Ben Jones replied 8 months ago.

Hi there, when you have entered into a contract for work and materials, where the main focus is labour and skill, the law 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).

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.

You cannot force them to return and complete the work to the required standard unfortunately. You can of course threaten them to take it further and remind them of their obligations but if they refuse to, you simply cannot force them to return to finish the work. In that case you may have to consider engaging someone else to do this and then pursue the original party for these costs.

In terms of Trading Standards you may complain to them at any point and they will consider if they can take the matter further. Separately you can consider the small claims court for your losses.

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow to take this further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46182
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 8 months ago.
Hi Ben, thank you for your reply. One of the fitters is coming out next Wednesday to refit the window sill. I will find out then exactly what he is going to do with my front door and hall window. If nothing, I will contact Trading Standards and see what they say.
kind regards
Amanda
ps sorry didn't reply earlier but I wasn't in work yesterday.
Expert:  Ben Jones replied 8 months ago.

Thank you. Apart from TS you can also consider pursuing them directly for any losses caused by their work. Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:

1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.

Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.

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