Thread: What am I allowed to do??

Hello,

Please can someone advise me what to do in this situation?

I purchased a set of french doors from a company that had previously fitted my double glazing (7years ago). The doors were ordered and the salesman agreed that the doors would be of the same colour etc as the windows we already had. This is why we went back to this company.

On fitting the doors on thursday 9th August, I was pleased with the workmanship and how efficeint they were at installing the product.

It wasn't until later that sitting in my garden admiring my new doors that I realised they did not match the original doors and windows installed 7 years prior.

I telephoned and explained the situation to the boss stating that was the reason we came back to them to have an exact match and he told us that they had dscontiued the old range over 3 years before. I explained that we were not told this at the time of order and that we were not happy that we were not informed about this.

He asked me what I wanted him to do about it and I told him that they could either refit our original doors, or compensate us for the inconveinience. (I think thats how you spell it.)

To this he replied he would get back to me. That was thursday, it's now Saturday and still no reply. I telephoned them again this morning and explained the situation to another gentleman and also reported the fact that we are now having trouble locking the doors. He explained that the lady who deals with this sort of thing was busy on the other phone and he would get her to ring back asap.

That was 09.15 this morning and still no reply.

Can someone advise me of my rights as a consumer and how much time I must allow them to return thier calls before I can take this any further?

Thank you.

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The first thing is stop phoning. Anything said in a phone call can be embellished or denied.

Next, write to them outlining your complaint as you have above and what you want them to do about it by way of settling.

Wait a reasonable time for them to reply.

Are the doors White in colour or the Wood effect?

External doors will change colour very slightly due to rain and heat, when we have some. You may need to use some "T CUT" car wax to take off the surface grime.

If they are Wood effect then i was told to clean them up with WD 40 every couple of years. This will bring out the grain effect again after removing grime.

Not saying your windows are dirty by the way.

Uk

Thank you patdavies and Aviator for your responses.

The windows are wood effect, but there is a distinctive pattern in them that runs down to give a stripe effect. The new doors are like the inside of a cut down tree with a knot effect so, no aviator they are not dirty, and they are under warranty against fading, which has not happened.

In response to pat davies, thanks for advice I have found thier email address and emailed them saying more or less above and giving them to the close of business on Monday to ring or I will assume they intend to do nothing and will seek legal advice. I am really concerned about the fact that I cannot lock the doors properly and that this as far as I am concerned is more of a priority.

What do you think?

It appears obvious that it is certainly not real wood that you purchased. Wood effect gives it away! And a warranty against fading.

However, if you purchased like for like, which the supplier said was available, then that is what you bought and should expect.

As Pat says you need to wait a reasonable time to make them aware of the problem to give them the opportunity to put it right.

However, I wouldn't advise to stop ringing. Simply because they will say that you stopped ringing so they thought everything was fine!

Ring every day and put into a letter that you are unhappy. I'd say ring them again Monday and tell them that you have a serious security issue with doors that you are unable to lock and unless they return, and rectify, by Tuesday then you will get somebody else in to do a proper job and you will bill them for it.

However, if there is no real security issue, and it can be seen that an extra week or so would be ok for them to return and rectify, give them that deadline and proceed with a lba after that time.

eg You need not have to accept a beech effect kitchen worktop where you have ordered, and paid for, a pine effect one. It just isn't what you paid for.

I sent this letter:


Dear Sir/Madam,

Unsatisfactory Sale of French Doors

I am writing to you regarding my recent complaint about the french doors installed at my property (MY ADDRESS) on the 9th August 2007.
On Monday the 13th August 2007, Jeff called and spoke to my husband. He offered a compensation payment of £250.00, which my husband explained he would have originally accepted had we been aware of the differing range at the time of order. Unfortunately, he feels he has been misled and the damage has already been done. He said we would be willing to accept a payment of £350.00, in cash, being as this is how we had paid in the first place.
Jeff said he would have to contact someone about this and get back to us. He returned the call an hour or so later to decline and say that there was no way they would offer that amount of money.
Since then, we have had no contact with your company.
I am now writing to formally tell you that we do not accept your offer of £250.00.


Your responsibilities
I would draw your attention to the following:
The Supply of Goods and Services Act 1982 (As amended) States;
'A service should be carried out with reasonable care and skill'.
On completion of the survey being carried out the difference in pattern was still not highlighted. A surveyor should have the professional knowledge to be able to highlight the fact that the goods they were providing would not have been the same pattern or match as those that were already in place.
Therefore, the service we recieved was not carried out with the required care and skill.
Also, The Consumer Protection Act 1978 for unfair practices in Sales of Goods states;
Section 5. Unfair Practices.
It is an Unfair practice for a supplier, in a transaction or proposed transaction involving goods or services to;
a. do or say anything, or fail to do or say anything if as a result a consumer might be unreasonably be deceived or misled.
This we consider to be the case as at the time of sale we were shown no samples, which would have prevented this from happening, and at no time did the sales person point out that our exsisting windows were now of a discontinued line.
My targets to resolve this matter
I am writing to ask you to make a fair and reasonable offer that will compensate us for the inconvience and damage that has been caused.

I have been advised to give you 14 days to reply or to come to some agreement with myself to resolve this matter.

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a company such as yours.

After that, there will be no further communication from me and I shall have no alternative but issue a claim at the expiry of the second deadline.

Yours faithfully,


They did not respond positively, saying that as far as they are concerned they supplied what we asked for and his salesman had no right to offer any compensation and if he did he did this behind his back.

I need to know whether I am quoting the right legislation before I proceed and if I do proceed has anyone any advice on how and what i might expect????

Was there anything written on your sales contract stating that the colour would be the same as the products supplied previously? Also did the salesperson not show you a sample of the new product?

Sorry not responded before this...

No there were no samples shown at the time of sale and the only thing written on sales contract was that they were rosewood in colour.

At the time of sale he looked at the exsisting windows and said 'You need rosewood.'

This will be hard for you to win, as the contract you signed said "rosewood" and they have supplied that. Hopefully they have fixed the problem with the locks though.

Thanks for help - had a feeling that would be the case, although the salesman did originally make us an offer of compensation would this make any difference??

By doing this surely he is admitting they are in the wrong??

You will normally find in the T&C's a clause stating that salesman etc. have no right to alter T&C's etc. therefore he would not be authorised to make an offer. Also was the offer verbally given to your husband? If so it would be very difficult to prove it was ever made, or they could even say it was to compensate you for faulty workmanship (locks not working). If you were to take it to court, it could so easily go either way, however my belief is that they would stand a better chance of winning than you do. Sorry to sound so negative, however I do hope you resolve it to your satisfaction.

Thanks for your help. I have decided that I will not be proceeding with this. I am in the middle of battleing the courts at the moment concerning lifting stays for credit card claims that have been wrongfully applied, and I dont think I have the energy to be taking on something else as well at this time.

Thank you anyway for your time.