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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Dodgy Double Glazing Please Help


mishel02
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:mad::-x

I need some advice about some double glazing I bought from Budget Windows.

 

I had some double glazing and a pair of french doors installed in April 2006 I was charged £6,500 for the job which I think was rather high as I live in a small semi detached we only got 7 windows, 2 doors and a pair of french doors.

 

Anyway they were all installed in about 2 hours and this is where the problems started. They did not bring enough handles for the windows and they forgot the letter box so they said they would be back to finish the job. They came back two days later and finished off the job.

 

I was not impressed with the standard of work at all, there was cracked silicon, gaps round the windows where they were badly fitted. The front door did not fit properly and there was a 2 inch gap at the top.

 

So I called them to complain and they sent someone out to fix the problems.

 

Anyway I have complained 5 times and had them back out 5 times to repair various things i.e the silcon cracks on a regular basis and as they windows were brown it peels off.

 

I have now discovered that two of my windows have very bad condensation problems which has turned them green mouldy.

 

I am going to have to call them out again, I have had to take days off from work for every repair they have done and I am now very sick of it. Consiering I paid a lot for quality which I never got , I could of had the job done cheaper and then I would of lived with the bad quality.

 

Is there anyway I get get compensation from them or a part refund for my troubles as I feel I will have to call them every other month to fix problems as they arise

 

Thanks for you help

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Have the faults all been different ones?

 

Your rights when having work like this done comes under the Supply of Goods and Services Act 1982. This Act states that all work carried out must be done with reasonable care and skill, and all goods supplied as part of that service must be of satisfactory quality, fit for the purpose and as described.

 

You do need to give the trader a reasonable opportunity to put the faults right under this Act, so the best thing is to write to them listing out the problems and giving them a reasonable date to put the work back to a satisfactory standard. State that if the job isn't done satisfactorily by this date, you will employ another trader to finish the job and hold Budget responsible for the costs.

 

It's always best to give them this in writing so it proves in court (if it becomes necessary) that you have been reasonable.

 

Have you written to them before?

 

If not, I would advise that you set all the problems out in writing, state what work is still outstanding and give them a date to return the windows into the condition they should be in, or you will be seeking another trader to rectify this and pursue Budget for the costs.

 

If you have already done this, you could then say that you wrote to them giving them a reasonable opportunity to put the faults right, they have not done this work/not carried out satisfactory repairs and the work is again faulty (whichever applies), and therefore you are going to employ another trader to complete the work and bill Budget for this.

 

Bear in mind that if it's the same fault occurring time and again you can argue that they have had a reasonable opportunity to put it right and get someone else in. However if it's a new fault that they have not been notified about, it might be trickier to argue that you gave them an opportunity to put it right.

 

If you are actually losing money through having to take time off to sort out their access to the windows, you can claim this amount back from the firm as a consequential loss.

 

Hope this makes sense, I'm a bit under the weather today so might be a bit fuzzy round the edges!

Please note I'm not insured in this capacity, so if you need to, do get official legal advice.

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Please can you help:

 

I had my house double galzed in 2004. and I had no end of problems and I have had the installations director out to check out the work and it has all been put right, but now I have a crack in the frame of my front door. the director came out in August/ september and said he will be in toch in a week or so. Well, no word yet - I would like to issue a letter before action but I do not know if I can do this and then go to county court to get my money back so that I can get someone in to change the door.

 

Please can you help as home improvements is an area that most people are unsure about their rights as consumers.

 

Thank you.

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Saida, you may be better off starting your own thread as it might get more attention that way.

 

Anyway, I would advise you to write to the company explaining what the problem is and that it is as a direct consequence of their faulty workmanship when you employed them to double glaze your house. Therefore the work was not done with reasonable care and skill and you are looking for them to put this right by [give a reasonable date]. State that if it is not done by this date, you will get someone else in to repair or replace the door and claim the costs back from the original trader in the small claims court.

 

If they do not comply with this you can then get quotes from other traders to do the work - either repair or replace with a door of the same value - and this is the amount you can then sue them for in the small claims court.

 

You do need to give the trader a reasonable opportunity to put the fault right before you get someone else in, and you need to be able to prove you have done this, hence advising you to put it in writing.

 

Be aware that the door is now 2 years old so you may get a judge who does not award you the full costs of a brand new door.

Please note I'm not insured in this capacity, so if you need to, do get official legal advice.

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