Window advice please... are we too late

[onyabikeivy]

Hi not sure if I'm in the right place as it might be more legal advice I need, but here goes. So just about 7 years ago we moved into our house and needed new windows, these were completed 6 years ago. The old ones were wood and although not rotten were so we wanted to replace for plastic to be more energy efficient. So we had a few of the bigger window companies round, safe style etc. My cousin owns his own carpentry business so I asked him who he recommends (afaik he was dealing with more commercial jobs, he'd done a lot of work on our local drs surgery around this time) so he said he'd sort out a price. It took ages for him to actually come and look at it but he came and gave a price around the same as we'd had from the other companies (just over £6000, average sized 3 bed semi) but assured us he would be getting a good deal from his supplier and would be a lot higher quality than the other quotes. So the work went ahead. He came round a week later to collect payment (cheque) and seal round inside a couple of windows and the patio doors were difficult to lock, so he did the sealing and looked at the doors and said he'd come back the next day with some tools .... that was the last time I saw him. In the mean time the we noticed the front door was hard to lock and also needed adjusting, it's also so badly fitted there's a massive gap along the top making our hallway freezing this time of year. I left messages he relied he'd come round never showed, then it probably got to a year later and I messaged again, he told me he'd send someone they never came, he said he'd come he never came. I gave up to be honest it got embarrassing. Last year one of the sealed units broke down and began to fill with water I couldn't face contacting him again but now we have 3 that are doing this, 2 windows have broken locks that don't latch when closed (one in my daughters bedroom) patio doors soon after fitting stopped locking so we've never been able to lock them. I sent him a message 2 weeks ago asking if there was any sort of manufactures warranty due to the units, thinking it would open a conversation about the rest or he could just say no. He ignored me. We have no paperwork. Would trading standards be able to help or am I years too late ??

You could try trading standards....

ALso, anyone in the family could put any moral pressure on him to actually sort it out?

@BarkHoneyBark

You could try trading standards....

ALso, anyone in the family could put any moral pressure on him to actually sort it out?

That has crossed my mind, his wife is lovely and would be upset that we feel ripped off for want of a better phrase. I thought about messaging her to say does he still have the same number as we've got a few issues with the windows.... even though he has the same phone as me and it showed as delivered .... wonder if I should leave it until after Christmas so he doesn't have an excuse to forget

I think you are being too nice. You paid market price for something with no paperwork, that hasn't lasted, that is causing you issues.

I'd be tempted to get it mended by someone else and send him the Bill. Then take him to the small claims court. Or tell him that is what you are going to do.

have you looked for reviews of his company.

@BarkHoneyBark

I think you are being too nice. You paid market price for something with no paperwork, that hasn't lasted, that is causing you issues.

I'd be tempted to get it mended by someone else and send him the Bill. Then take him to the small claims court. Or tell him that is what you are going to do.

have you looked for reviews of his company.

I think you're right. I'm too worried about it being awkward when he does come round but at the end of the day he should feel awkward and let's face it he doesn't bother to come round anyway!!. He doesn't forget to come and do these things does he? he knows he never came and adjusted the doors. I think I will certainly look into getting someone else to at least quote to sort the problems and contact him with that. I just worry he'll come back and say it's been 6 years. But surely it's not unreasonable to expect plastic windows to last longer than that.

And no stupidly we didn't look for any reviews. He seemed to be doing more commercial work out local doctors surgery had a big extension and he'd been working on big contracts on some of the colleges in Cambridge so I didn't really worry. Stupid of me I know.

Did you get any fensa certificates or any paperwork at all? When we had our done with a local window company we got the fensa certificates and an insurance policy in case the window company ever went bust off them.

@Murinae

Did you get any fensa certificates or any paperwork at all? When we had our done with a local window company we got the fensa certificates and an insurance policy in case the window company ever went bust off them.

No, no paper work at all. Looking back we've been really naive. I was heavily pregnant when we had the windows fitted, and gave birth the following week. With hindsight we should have just waited until we could fully focus on what we were actually spending the money on

There's no need for you to feel awkward, he's the one that has made it awkward. Charging you full price for a substandard job with no paperwork. At this point I would try the family route - get your mum/dad to talk to their sibling about it and embarrass them into acting. Good luck.

You can check if your address has fensa certificates on the fensa website. He probably isn’t an accredited fitter though so you probably don’t have them which might be a problem when you want to sell the house. I have no idea if you have any legal comeback. I think I would probably get another company in to replace the blown units (not that expensive) and adjust the other ones and never use your cousin again!

How long was it between him fitting them and you first noticing the problem? A year or so?

I think legally the length of time that has passed might cause issues... especially if it’s been five years or so since you noticed there was issues. But you could try! You’d probably need to send a letter before action giving him chance to resolve the problem, and then start small claims proceedings for the cost of putting it right. Taking legal action against him is likely to be a lot more awkward than contacting him, though.

I’d also second that you’ll need certificates if you ever want to sell, so the cost of putting this right might be getting an accredited fitted to refit your windows - although if you hired him knowing he mostly does commercial work and isn’t accredited, he could defend that part of the claim as not being a part of your original contract.

I think I’d be tempted to take Murinaes suggested path too, not so that he gets away with it, but just because it seems a complicated mess.

Thanks everyone. Hope we realised the patio doors needed further adjusting straight away and he knew this too as said he would return the next day, it was a matter of weeks before we realised the front door wasn't fitted correctly and wrongly assumed when we got him back to do the patio doors he'd adjust that too. The other problems have just gradually come to light since. It was about a year ago the first unit started to break down. I didn't know I could do that Murinae ill check that tonight. TeaandHobnob his parents have both passed away, his dad died between him quoting for and fitting our windows ... which added to us being lenient with him I suppose.

Also Murinae thank you for the advise about the units not being too expensive I had no idea.
Just had a look and the fensa page can't find anything for our address