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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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Last Wednesday I had Some of my windows and a door replaced

Customer Question

Hi,
Last Wednesday I had Some of my windows and a door replaced with new uPVC units by a local company. They did some work for me last year and I was very pleased with the outcome.
However they sent different fitters for this more recent job and I have been left with a mess. They fitted 6 windows and 1 door. Two of the windows and the door have 'chips' in them. The glass in the door and one of the windows have been fitted back to front. I can see daylight through the side of one of the windows because it hasn't been sealed properly. There are also panels missing on some of the windows. I could go on and on but to cut things short the company has sent someone to take photos and he has apologised to me for the standard of work and they have agreed to redo some of the work but they are not prepared to replace the damaged door and 2 windows. They want to repair them and this is what I need clarification on. I have read Section 75 of the Consumers Rights Act 1975 and it states that if a fault is found or if a fault develops within 30 days of delivery I have the right to reject them. I would be grateful if you could clarify this point for me please Thanks Pat
Submitted: 1 year ago.
Category: Law
Expert:  Alice H replied 1 year ago.

My name is ***** ***** I am happy to help you today.

Expert:  Alice H replied 1 year ago.

I assume you mean the Consumer Rights Act 2015 ( there is no similar 1975 Act), which does indeed give you the right to reject faulty goods within 30 days; outside the 30 days you still have a right to repair or replacement. If the goods have been paid using a credit card you could also exercise your right to a refund under s75 Consumer Credit Act 1974. In short, if the company has supplied you with faulty goods, you do indeed have the right to reject if you are still within30 days.

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Customer: replied 1 year ago.
Thanks for replying so quickly. I have not paid in cash for the work but have taken out a loan where the work is done now and I start repayments in 12 months time. I don't think the company has received any payment from the loan company yet so would I be in breach of any contract If I cancelled the loan or should I let them go ahead with the payment to the company and then exercise my right to a refund under s75 Consumer Credit Act 1974 providing this applies to a loan as well as a credit card. I would be grateful for your advice.
Customer: replied 1 year ago.
Thanks for replying so quickly Alice. I have not paid cash for the goods but taken out a loan whereby the work is done now and I start repayments in 12 months time. I don't think the company will have received any payment from the finance company yet so would I be in breach of contract if I cancelled the loan or should I let the finance company go ahead with the payment and then exercise my right to a refund under s75Consumer Credit Act 1974 providing this applies to loans as well as credit cards.
Expert:  Alice H replied 1 year ago.

Hi - s75 only covers payments made by credit cards and not loans or other forms of finance; although there may be cancellation rights in your loan agreement which cover a faulty goods situation. I would not recommend going ahead with finance if you are going to reject the goods. Instead you need to speak to the finance company about suspending payment until you have received goods which are not faulty.

Customer: replied 1 year ago.
Hi Alice,
I would be grateful If you could clarify if the goods in question have to be 'damaged' or 'damaged beyond repair' before I can reject the goods under Section 75 of the Consumer Rights Act 2015.