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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 77861
Experience:  Qualified Solicitor
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I am having some problems with a PVCu Window Company. I

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Hello, I am having some problems with a PVCu Window Company. I placed an order on 14 Feb 22, they guaranteed my windows would be installed within 3 weeks. They are still not finished the job. I am at my wits end. I have so far paid £5890 and my job is still not completed. What can I do?
JA: Where are you? It matters because laws vary by location.
Customer: Inverkip, Inverclyde, Scotland
JA: What steps have you taken so far?
Customer: I have attempted to cancel the order several times. However, every time they have failed to provide the service I am paying for, they offer compensation and agree another installation date, which I agree to, then they fail to honour their guarantee. I have so far been compensated 3 times by the company by way of discount. The job was supposed to be completed in full today and they have let me down again. The manager is now saying they are not in a position to offer any more discount or compensation, and all they can offer is an apology. Also I have to wait till next week to have my door fitted. I have taken time off work. They guaranteed this job would take 2 days total. We are now into 2 weeks and still not done. Also there are issues with the windows already fitted.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Yes, when I asked the salesperson if they offered finance, she said yes, but what she done was, she applied for an online loan on my behalf with a completely separate company without my knowledge.
Hello, I’m Ben, a solicitor, and it’s my pleasure to assist you. I may ask for some preliminary information to help me determine the legal position.

I see you have already mentioned that you want to know about the windows you had ordered. What are you actually hoping to achieve in the circumstances? I also wanted to make you aware that this is not always an instant service, due to various legal engagements I could have and I may not be able to reply immediately. However, rest assured that I am dealing with your query and will get back to you as soon as I can. Thanks.

Customer: replied 13 days ago.
I want my windows to be completed and I want to be compensated further for the errors on the company’s part, and the stress this has caused me.
Customer: replied 13 days ago.
Hi, I wish to cancel my subscription to you with immediate effect.

Hello, I am just an independent user on this site, in the same way as you are, which means that unfortunately I have no involvement in the billing side of things. If you need to query anything to do with billing, charges or membership, you may be able to take certain actions by going to your account on this site. Alternatively, please contact the site’s customer service team directly. You can find their contact details by following this link: https://www.justanswer.co.uk/help/contact-us. Hopefully, they will resolve any issues you have to your satisfaction.

Going back to your query, when a consumer enters into a contract for services, the Consumer Rights Act 2015 says that such services 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 frame has been agreed)

- Provided at a reasonable cost (unless a specific price has been agreed)

In addition, any information exchanged in communications between the parties, whether written or verbal, is binding if the consumer relies on it to proceed with the services in question. If there are problems and the trader cannot satisfy the above criteria, which are legally expected of them, the consumer will have certain rights

In the case of delays, for example if the work has substantially gone over the agreed schedule or not been performed within a reasonable time, the consumer can ask for a price reduction to cover any financial losses or inconvenience caused as a result. If the work is incomplete and the trader refuses to work to the agreed schedule, or complete it, it is possible to get someone else to finish the work and charge the original trader for these additional costs.

In order to resolve any problems that have arisen, it is generally recommended that the following steps are followed:

1. Collect all documents relating to the work (e.g. quote, contract, correspondence, etc.).

2. Contact the trader and explain your problem. Ask them to resolve any issues and set a reasonable time limit for them to respond (7 days is acceptable).

3. 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 and any additional costs. This is also known as a ‘letter before action’ and there are plenty of templates if you do an online search for one.

4. If the trader fails to respond or refuses to resolve the problem, you could consider taking legal action by seeking compensation. Remember that court is a last resort, however threatening 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.

5. Finally, make sure that you keep copies of all correspondence, in case it is needed in the claims process.

If you wish to take the matter further and issue legal proceedings, assuming you will just be claiming financial compensation, you may pursue your claim via the County Court’s online portal at https://www.moneyclaim.gov.uk/web/mcol/welcome

You may also wish to consider reporting them to Trading Standards, which you can do via the following link: https://ssl.datamotion.com/form.aspx?co=3438&frm=general&to=flare.fromforms

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 13 days ago.
Ben, thank you. Your assistance is much appreciated. Kind regards. Dawn Fletcher.

You are most welcome. If you have any further questions about this, please do not hesitate to get back to me and I will be happy to help. All the best.

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