DEAN DUNHAM: Can I force double glazing firm to fix faulty windows?
DEAN DUNHAM: Can I force a double glazing company to repair my faulty windows? They were installed only last year
I had double glazing fitted in January 2022 which cost £5,300. I paid partly by bank transfer and partly in cash.
After the job was done, many problems came to light, including missing frames and openers and misaligned windows. I pursued the company over these issues for six months with no success.
I was then put in touch with the mechanic who acknowledged the issues and said he would get them fixed.
I haven’t heard anything since, so where do I stand legally?
Shabu Pillai, Ilford.
Locked out: A reader paid £5,300 to have double glazing installed but was left with problems including missing trim, missing openers and misaligned windows (file image)
Dean Dunham replies: When a trader performs such a service, the Consumer Rights Act 2015 says the work must be performed with ‘reasonable care and skill’.
The issues you described clearly show that the company has violated this.
Under these circumstances, traders are obliged to provide repairs free of charge and must do so within a reasonable time without causing inconvenience to consumers.
The company in your case has clearly violated this.
My advice is that you write a letter to the company outlining the chronology of events, stating that it has violated section 49 of the Consumer Rights Act and requiring it to resolve all issues within seven days.
Tell the company that if it fails to do so, you will file a claim in small claims court.
Details can be found online (gov.uk/make-court-claim-for-money). It’s a relatively easy, low-cost route and is designed for disputes like this. Court fees are based on the amount you want to claim.
If you paid all or part of the charges with a credit card, you could have filed a Section 75 claim.
Double charged for BT Sport
BT charged me £29 for BT Sport on two different accounts over several years until I realized I should have only been charged for one account.
After a few exchanges, BT offered to pay me back for six months. When I refused this amount, BT closed the case. Where am I?
Jacques Obringer, by email.
Dean Dunham replies: You are effectively paying twice for the same service and this is accepted by BT Sport. On this basis you are legally entitled to a full refund.
There is no time limit to claim this money from BT Sport, but there is a time limit to take the company to court. This is six years under a law known as the statute of limitations.
You should ask BT Sport which Alternative Dispute Resolution (ADR) scheme it subscribes to.
These are ombuds services or the Center for Effective Dispute Resolution (CEDR).
You can then submit a complaint to the applicable ADR scheme. I see no reason why it wouldn’t be to your advantage and would instruct BT Sport to refund you in full.
If you paid by direct debit, you may have another means of redress.
If a direct debit has been collected that does not match the reminder – for example, more was collected than the specified amount or the payment was collected on the wrong date – you are entitled to an immediate refund of the amount collected from your bank or mortgage bank under the Collection guarantee.
- Write to Dean Dunham, Money Mail, Scottish Daily Mail, 20 Waterloo Street, Glasgow G2 6DB or email d.dunham@dailymail.co.uk. The Daily Mail assumes no legal liability for answers provided.