No email, it was verbal.

Which received the information over the telephone and emailed it to me. I imagine it's fair to assume there is an element of interpretation.

The information was relayed via Which, verbally not via an email.

Damp squib. He decided against recovering windows. Now it appears he doesn't want the windows back anymore, he just wants to move on! If I email him with words to the effect of:- Please confirm Abbey Windows (Thames Valley) Ltd accept the monies paid so far as full and final settlement of the contract. Would this be sufficient for both sides to consider the contract complete? As one of the two directors/owners is it reasonable to assume that James has the authority to make the decision alone?

Again, thanks for your help, busy week ahead.

I know a reputable builder who has suggested a couple of good local companies and I have used a couple of national companies in the past who have been very good. I have passed everything to Which, who have been very good and are doing their best to remain objective and supportive to both sides. I have said that we would welcome the opportunity to put our case to the court.

You are of course correct and I intend of follow the course of action you have suggested.

Ombudsman 0203 954 1872 0333 241 3209 Follow us @OmbudsmanTweets Premier House, First Floor, 1 5 Argyle Way, Stevenage, Hertfordshire. SG1 2AD Telephone calls to and from the Ombudsman may be recorded for quality and training purposes. Again I just assumed they were the right people as they were suggested by Which.

I was amazed when I saw the conclusion. It does say that there is an aftercare department that will assist if the situation isn't resolved. I have tried to contact this department and I am yet to receive a reply. My understanding of the two choices is:- 1. Accept the windows with a slight reduction in price. 2. Install the windows as per the contract. The fact that he has come back said he wants to be free of the contract says to me that fulfilling the contract will be expensive and he would rather not do it. I have said I will take legal advice on how to proceed with regard to removal of the windows and I will send your second letter.

The above is my second attempt at the review. I will send the letter regarding replacement of his windows tomorrow.

This is the full Ombudsman response. Thank you for your patience whilst I have been reviewing the case file in its entirety and discussing the details of the case further. I can confirm I have now received the relevant information from both parties to enable me to provide a response to the dispute in full. As you are aware, my role is to impartially investigate the case and in the initial stages seek to informally resolve the dispute through conciliation by weighing up the evidence and impartially reaching a decision. It may be the case I believe the complaint should be upheld and request the business puts it right, or I may feel their offer is reasonable and in line with your legal entitlement. Alternatively, I may decide the business has not acted incorrectly and decline the case. I can confirm that I have reviewed the complete case file including the evidence and information supplied by both parties. Please be assured that I have understood and considered each of the claims put forward within your application. The case outcome reflects an independent assessment of the case file and in some cases, the outcome may not be to the satisfaction of the parties, however, we have a duty to remain impartial. Accordingly, there may be instances where the case outcome differs from expectation. Having reviewed the case file, I understand that you are claiming that the two bay windows purchased from the business, have not been made to the agreed upon size. In addition, where the sizing has been agreed to be rectified by the business, you have advised that you are seeking the canopy to be white and the base should be a timber insulated construction clad in white UPVC and a single gallows bracket. To clarify, I am not in a position to comment or assist in the trader’s pursuit of 25% of the contract, or in the consumer’s withholding of this. My decision below, is based on the merits of the claim and particular issues raised. As such, any award potentially made will be considered in line with the survey amounting to £7954.00 total, and I will not be commenting on the financial aspect of the dispute where it can only be reviewed by the appropriate bodies. Having corresponded with the business further, they have confirmed the following offers: Maintaining the offer to install to the size and specification outlined in the survey, with a white canopy. Having discussed this with the business, they have confirmed that this is possible. If the consumer were to accept, the details of this would also be discussed between the parties prior to installation including any samples; OR In recognition that the current installation is not as per the contract provided, a price reduction of 20% of the cost of the two bay windows, amounting to a total offer of £976.80 with no further works carried out by the business. The consumer then remains free to use this award as they wish. To clarify, price reductions are an alternative remedy to repeat performance (remedial works) and are assessed having regard to the nature and extent of the issues, and the functional and aesthetic impact of the issue itself. I confirm that I will uphold the business’s offers for the reasons outlined below. For the purposes of clarity, it should be noted that it would not be reasonable at this stage for the consumer to make an award for an event that has not/may not occur. It is reasonably expected that brickwork will need to withstand different types of weather, and we cannot at this moment in time, pre-empt that damage will occur by virtue of water running down onto the brickwork. The pictures that have been provided do indicate water marks, however, would not necessarily give rise to an award at this stage where no quantifiable loss has been incurred which can therefore be assessed. In addition, where guttering did not form a part of the original contract, it is therefore expected an additional cost be incurred for this. Although I recognise that the business have a duty to carry out an installation with reasonable care and skill, it does not follow that additional work outside of the scope of the contract has to be provided without charge. The business has advised that they are willing to provide a quote for any additional guttering work, should the consumer wish to have this carried out. With regard to your request for compensation, I must outline that a breach of contract in itself is not grounds alone for compensation. As also outlined in our Consumer Guide, compensation will only be considered where it arises as a natural breach of the contract; any losses must be reasonably foreseeable by both parties. A breach of the contract alone is not grounds for compensation; the claimant must show that a loss has been suffered due directly to that breach, be it financial or non-pecuniary. The party suffering the loss must show that they have taken action to keep said losses to a minimum (known as mitigating losses). Any claim should, in the main, be quantifiable. Compensation for delay and inconvenience may be awarded, however, where awards are made they are normally modest where often the Courts will not make such awards. We also do not negotiate a sum either, and do not automatically improve on any previous offers made. However, I recognise that each case is considered on the basis of its own merits. It has been noted that the business has maintained an offer for the works to be completed (albeit not to the consumer’s satisfaction) throughout the complaint. I do not therefore consider it reasonable that an award be made on the basis of delays where it has been evidenced the retailer had attempted to resolve the complaint prior to the Ombudsman. In addition, the offers outlined above have been made in line with the consumer’s entitlement under law. For the reasons outlined above, where the offers that have been made fall in line with your legal entitlement I therefore confirm I will uphold these in full and final settlement of all issues brought arising from your complaint and will be closing the case on that basis. We ask that should you wish to accept either offer, this would be full and final settlement of all heads of claim and that you notify me within a reasonable time period so that I can communicate this to the business on your behalf. The business will then arrange the logistics of the settlement directly with yourself, however, should there be any issues relating to the settlement please be assured that we have an Aftercare department who will assist. However, as the consumer you are not bound by any decision made by Dispute Resolution Ombudsman and therefore remain free to pursue your complaint through other channels if you so wish. For more information on this, we would recommend contacting the Citizens Advice Bureau on 03454 04 05 06 or on their website https://www.citizensadvice.org.uk/about-us/contact-us/contact-us/consumer-service/. Kind regards, Going forward I now copy the Which Trusted Trader Team into all of the emails. I spoke to Which on Friday afternoon, and they are of course very careful in their choice of words, however, at no point did they tell me they agree with his assertion that a further 25% deposit should be paid and as to his belief that the Ombudsman agrees with him you can clearly see that the Ombudsman ducked that one entirely. On August 2019, Abbey Windows installed some windows and a door. Over the years I have used a number of windows companies who have been very good. Unfortunately in my opinion the products and service from Abbey Windows fell well short of previous works. A local company came to see the install and actually accused me of installing the windows (I was offended as I think I would have done a better job). The most disappointing part of the install were the two bay windows, they are completely the wrong size, they remain unfinished and the window sills and brickwork are all over the place. Despite a ruling by the Ombudsman that supported the windows being installed as per the contract; recently Abbey Windows have threatened to remove the windows the day before Christmas Eve, unless I pay an additional deposit. I feel that the; installation, communication and service of Abbey Windows has been woeful. I will never use this company again.

He makes all sorts of accusations, I sometimes think we are talking about totally different things. As you predicted the police consider this to be civil matter, however, trespass and criminal damage isn't and we can call them. I am pleased he suggests taking the windows and we both move on as I think this is the best solution. I will include the Ombudsman, I just forgot. I will have another think about the wording.

Contacted the police who were quick to respond and supportive. Please see the latest email from Abbey Windows I spoke to Which yesterday who of course said no such thing and have asked to be copied into all future correspondence. Much to my surprise he actually make what I believe could the the right solution for both parties i.e. they take the windows back and we get someone who knows what they're doing. This would be the perfect solution for both sides. However, note the totally unrealistic timescale of COP Monday. How could I go about this without being messed around again? I have of course refuted all the allegations he has made in the email. I'm thinking of posting the following review:- On August 2019, Abbey Windows installed some windows and a door. Over the years I have used a number of windows companies who have been very good. Unfortunately in my opinion the products and service from Abbey Windows fell well short of previous works. A local company came to see the install and actually accused me of installing the windows (I was offended as I think I would have done a better job). The most disappointing part of the install were the two bay windows, they are completely the wrong size, they remain unfinished and the window sills and brickwork are all over the place. Recently Abbey Windows have threatened to remove the windows the day before Christmas Eve, unless I pay an additional deposit. I feel that the; installation, communication and service of Abbey Windows has been woeful. I will never use this company again.

The Trespass response will go this afternoon. My intention for the review is to calm down and put something together over the weekend that I can upload to a number of consumer sites.

This is interesting, though not surprising. I am thinking carefully what to write. I am extremely angry at how we have been treated and want to choose my words carefully.

Thanks for your help, busy day ahead.

I think that is an excellent idea. You have probably noticed this kind of online interaction is new to me. I will send the first letter unchanged. The second letter I will remove the sentence about the 25% deposit as in fairness I think he is due that. I do think you're right that this maybe a vindictive attempt to ruin Christmas rather than any real intention, as I notice he uses the word plan. However, I do need to be ready if they do turn up. I was intending to order some 4x2 and marine ply just in case they do turn up. Are these costs I could seek to recover regardless of his actions?

Thanks for you help and I agree completely. I don't think I can ask for the deposit back because we are accepting other products that they have installed, even though they have been poorly installed. I would have complained about these as well, however, I simply couldn't face having to deal with all of it and decided to concentrate on the stand out failings in their supply and install. If they retain the 25% deposit and the extra £1082.00, that would equate to the value of the goods installed. I did suggest that they accept this as full and final settlement and that we would get someone else in to do the job properly. However, this offer was dismissed immediately (although he took the money first) and so the saga continued. I will be at home today and I will monitor the threads closely.

Apologies for my slow response. I haven't used a forum before. I do agree with you regarding not using Abbey Windows again. I simply don't believe they have the skills to complete the works to the correct specification or to a satisfactory standard. I will get some quotes, there are a couple of local and national companies that I know have the capability to do the work correctly. I did look into this previously, however, I stepped back as I believed Abbey Windows understood their own contract. Would it be OK to use the following paragraph tomorrow:- Under no circumstances do Abbey Windows Ltd have the authority to enter our property to remove windows or for any other reason. Even if Abbey Windows Ltd are correct that under the contract they still own the windows, that does not give Abbey Windows Ltd the right to enter onto our property to remove them and if Abbey Windows feel they do have a right then it should be enforced by an action in the County Court which I will be happy to defend. I will be online early tomorrow.

The Ombudsman wouldn't comment on the further 25% deposit. The extra 25% was James' idea because he is trying to persuade me that these are new works and not a continuation of unfinished work. On 25 Oct 20, the Ombudsman said we should allow Abbey Windows Ltd, 28 days to respond. On 23 Nov 20 we were contacted by James (Abbey Windows). Are only reaction was to confirm that we would like the contract to be fulfilled and we waited to be contacted by Abbey Windows. We are working from currently so there will always be someone here. I will contact the police tomorrow.

The person we have dealt with throughout is James Stewart, I believe he is one of the owners. Shall I ask which part of the contract he is referring to? To be honest I don't understand how to go about the escrow.

This is the latest email from Abbey Windows Ltd Nigel, We will make all of the relevant authorities aware of our visit so they know to expect your call on the day. We plan to collect the windows which remain our property on Wednesday 23rd December. Please make arrangements for the openings to be secured. Alternatively, reinstate the deposit in line with the terms of the contract and we will proceed with the completion of the bays as per the offer which the DRO endorsed. This is entirely your decision.

Things have taken a turn for the worse, they say they will remove the products on 23 Dec 20. I have included the contract and Appendix A which apparently is supposed to list an variation in the contract. It basically says as per the contract. Which we were of course happy with. At one point Abbey Windows was using this as a defense as why they had installed windows of a completely different size. Please see the attached I have had to modify them to remove the personal details. Appendix A.pdf Survey Office Ref.pdf

Thanks for getting back to me so quickly. The value of the contract is £7954.00. The deposit value was 1998.00. Work began on the 27th of August 2019. I went to see Abbey Windows on the 29th of August 2019, to explain the situation. The job isn't finished one of the windows doesn't have a canopy, they left without warning and it still has the black plastic on it they put there. In addition there are other parts to the windows named in the contract that weren't fitted. I complained to Which in May 20, to say that as a Trusted Trader, they hadn't performed to our expectations with regard to quality or service. A Trusted Trader is a Which scheme that allows you to choose from a list of traders that will provide quality service and products. Which referred the dispute to the Ombudsman on 20 May 20. The Ombudsman responded on 16 October 20, as follows:- Having reviewed the case file, I understand that you are claiming that the two bay windows purchased from the business, have not been made to the agreed upon size. In addition, where the sizing has been agreed to be rectified by the business, you have advised that you are seeking the canopy to be white and the base should be a timber insulated construction clad in white UPVC and a single gallows bracket. To clarify, I am not in a position to comment or assist in the trader’s pursuit of 25% of the contract, or in the consumer’s withholding of this. My decision below, is based on the merits of the claim and particular issues raised. As such, any award potentially made will be considered in line with the survey amounting to £7954.00 total, and I will not be commenting on the financial aspect of the dispute where it can only be reviewed by the appropriate bodies. Having corresponded with the business further, they have confirmed the following offers: 1. Maintaining the offer to install to the size and specification outlined in the survey, with a white canopy. Having discussed this with the business, they have confirmed that this is possible. If the consumer were to accept, the details of this would also be discussed between the parties prior to installation including any samples; OR 2. In recognition that the current installation is not as per the contract provided, a price reduction of 20% of the cost of the two bay windows, amounting to a total offer of £976.80 with no further works carried out by the business. The consumer then remains free to use this award as they wish. To clarify, price reductions are an alternative remedy to repeat performance (remedial works) and are assessed having regard to the nature and extent of the issues, and the functional and aesthetic impact of the issue itself. It does go on further but I think these are the most important points. We chose the first option. The windows are completely different in style to those agreed i.e. the central panels were 80cm in the contract, however, the installed size is 58cm, the side panels are 66cm in the contract, however, the installed size is less than 56cm, this gives a completely different appearance to the windows agreed upon. There is no insulation in the bases and no supporting gallows brackets. All agreed in the contract (which I'm happy to provide). I have included a page of the terms and condition and I believe it is paragraph 5 that they are referring to although this hasn't been specified. The windows need to be completely reconstructed, it is only my opinion but I feel they may have under-estimated the cost of the install and are looking for a way out. As part of the Trusted Trader scheme I naively thought we would be protected and that Which's influence would be sufficient for the windows to be installed as per the contract. 27-28 Aug 19, install begins, Abbey Windows leave without completing the installation. 29 Aug 19, I complain that the windows are out of spec. Abbey Windows and me swap emails that go nowhere for about 7 months. 04 Feb 20, I paid a further £1082.00 towards the products that aren't in dispute. 16 Mar 20, I formally complain to Which. More pointless emails for about 2 months . 20 May 20, Referred to the Ombudsman 16 Oct 20, Ombudsman's decision 23 Nov 20, Abbey Windows acknowledged the Ombudsman's decision and requested a meeting. 30 Nov 20, Abbey Windows say the will install the windows but want a new contract. 30 Nov 20, Abbey Windows say they want a 25% deposit for new works. 01 Dec 20, I say these are not new works, I am not signing another contract, I am not paying more money and they are simply need to finish the works they started as per the contract. 15 Dec 20, We received the following email from Abbey Windows:- Thank you for confirming your position Nigel. We will continue with the recovery of our goods as you are in breach of contract. I will advise of a date next week when we will collect the goods. Please could you make arrangements to have the openings boarded at your cost. I will send Abbey Windows an email today inline with your recommendation's on trespass. I will also ensure that someone remains at home.

Abbey Windows Ltd - Portman Road, Reading. Installed some windows and a door. Two of the windows were bay windows. The specifications were clearly outlined in the contract. A 25% deposit was paid and work started August 2019. The overall install of the products was shoddy. However, the bay windows were completely different in size to those agreed in the contract. I complained shortly before the windows were finished. They didn't return to site to finish the windows. I didn't pay the remaining 75%. However, for some reason I did pay them a further 12.5% for the products that aren't in dispute. They are a Trusted Trader. I complained to Which who involved the Ombudsman. The Ombudsman offered us two choices. I accepted the choice that suggested installing the windows according to the contract. Abbey Windows Ltd are refusing to install the windows unless a further 25% is paid. I have refused. On Tuesday Abbey Windows Ltd emailed me to say that they would contact me again to confirm a date when they will recover the windows w/c 21/12/20, according to their contract and that I would have to board the windows at my own expense. Bearing in mind they didn't complete the works and fitted the wrong windows are they in breach of contract and do they have the right to remove the windows? If they do remove the windows the contract is still unfulfilled do they still have to fulfill the contract?