Broken front door lock - do I pay labour costs for repair work?

[Oakington]

In mid August 2013 I used an emergency locksmith to fit a new front door lock which cost £182.91.

 

Four months later the lock has broken and the key will not come out when the door is locked.

 

I am having to use the back door of the house.

 

I called up the locksmith and they said they will repair or replace the lock for free

but I am expected to pick up labour costs for carrying out the repair/replacement work.

 

I challenged this and

 

they said they would reduce the labour charge from £88 per hour to £50 per hour as a gesture of goodwill as they could see where I was coming from.

 

I again refused because I believe they have supplied faulty goods

and that they should rectify the problem at their cost.

 

If the goods had been fit for purpose in the first place

I would not need them to carry out additional work.

 

A front door lock can surely be expected to last longer than four months.

 

I paid on credit card and have asked the credit card company to reclaim the money

but they have said it depends on the company T&Cs as to what they can claim back.

 

I would have thought that consumer rights and relevant laws would supercede any dodgy company's policy.

 

Anyone know if this is the case?

Edited January 29, 2014 by Oakington

[renegadeimp]

Section 75. Use it if the locksmith tries to make further profit.

[dx100uk]

total bowkarks from the locksmith.

 

you PAID for the lock and its fitting

 

if the lock has failed

 

that's within 6mts

 

its for THEM to prove its not theirs or a manu's fault.

 

under SOGA they should be doing it for free.

 

have you broached SOGA with them yet?

 

dx

[Rex Shepherd 7]

SOGA is not the correct legislation to quote. Supply and fit contracts are covered in the Supply of Goods and Services Act 1982. The same principles apply though as regards the quality of the goods.

[dx100uk]

yes nice on rs

 

always forget those two are not directly linked

 

dx

[stu007]

Here is the link to Supply of Goods and Services Act 1982: http://www.legislation.gov.uk/ukpga/1982/29

[Oakington]

Thanks for your advice. I think SGAS Act 11N.2.B answers my question.

[Oakington]

I have just had this repsonse from the locksmith after I quoted Supply of Goods and Services Act:

 

"We would like to confirm with you that we are not refusing to replace the lock for you

but unfortunately the labour is no longer under guarantee

and would be charged at a reduced rate of £49 per hour + VAT providing that the lock we replaced originally is faulty."

 

What is the diffrence between labour and goods being under gurantee?

 

It seems they are trying to get out of their legal obligation:

 

(2)If the transferee requires the transferor to repair or replace the goods, the transferor must

— (b)bear any necessary costs incurred in doing so

(including in particular the cost of any labour, materials or postage).

 

Not good.

[dx100uk]

it is NOTHING to do with any guarantee..

 

any implied warranty or guarantee is in ADDITION

to your statutory right under SGSA

 

under the contract you took out with them

you PAID FOR installation

 

just because the product has failed

it does not mean you have to pay for it to be removed/replaced.

 

they should be recovering those labour charges when they claim

for the faulty product from the MANU.

 

it should not cost you anything.

 

dx

[Oakington]

Just gone back to them and they are still refusing "The reasonable period of time mentioned in a) is the 100 days guarantee that we give to all customers, the date of the job being completed is 11th August 2013 which therefore exceeds the guarantee. Unfortunately, we would only be able to offer no charge on the replacement lock but would still charge the reduced rate of £49 per hour + VAT on the labour." We seem to have a difference of opinion on what a reasonable amount of time for a front door lock to work is. I would have though many years rather than a few months!

[2ltr16valve]

Just gone back to them and they are still refusing "The reasonable period of time mentioned in a) is the 100 days guarantee that we give to all customers, the date of the job being completed is 11th August 2013 which therefore exceeds the guarantee. Unfortunately, we would only be able to offer no charge on the replacement lock but would still charge the reduced rate of £49 per hour + VAT on the labour." We seem to have a difference of opinion on what a reasonable amount of time for a front door lock to work is. I would have though many years rather than a few months!

 

 

I suspect your only course of action now is either pay them and reclaim plus losses/expenses.

Or contact trading standards which I think are now consumer direct ? And see how they can help to resolve it.

[dx100uk]

yes consumer direct

 

they'll put them right.

 

don't know why they keep going on about a guarantee period

 

its NOTHING to do with any guarantee!!

 

dx

[Oakington]

I have spoken to Consumer Direct and they were very helpful. Thanks very much for your help. I will take this to court as a matter of principle even if I end up out of pocket!

[2ltr16valve]

I have spoken to Consumer Direct and they were very helpful. Thanks very much for your help. I will take this to court as a matter of principle even if I end up out of pocket!

 

Glad to see someone standing up for their rights.

[dx100uk]

what did they say then?

 

dx

[Oakington]

Consumer Direct said to tell the locksmith that they have left me with no option but to get the work carried out elsewhere.

 

They also said to tell them that I will pursue damages from them and my credit card company under section 75 of the consumer credit act.

 

CD totally agreed that they should be replacing the product for free as it has not been durable.

 

If I had not paid by credit card I would have had to take them to court.

 

I would definitely do that even if I would not financially gain from the situation.

 

I hate arrogant companies that think they can fob people off.

 

I am not going to go away and I just hope I can cause them as much inconvenience as possible as they have for me.

 

Now waiting for a form from CC company to put in the claim.

 

CD said to call back if I don't get a positive result.

 

They said I should definitely be getting my money back.