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Faulty Window & Door

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  • 23-01-2008 7:24pm
    #1
    GreeBo
    Registered Users Posts: 27,163 ✭✭✭✭


    Hey, we got new PVC windows installed 2 years ago by one of the "Big" Irish companies. Since day 1 there has been an issue with the front door, we basically have a choice between a draft and water in around it or so tight that you have to pull the door towards you to open it with the key. The window currently has water pissing in at the bottom ruining the wall and the floor beneath.
    The company have sent people out 5 times now and still the door is not right (the window leaking is a new feature)
    At this stage I am going to demand a new door off them as the door the provided & fitted is obviously not up to the job. If they refuse this I will demand my money back or I will go to the the small claims court.
    My question basically is, do they have the right to demand the door back off me if they give me my money back (or I persue them in the courts)?
    Can I be left with no front door??

    Cheers


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    #2
    GreeBo
    Registered Users Posts: 27,163 ✭✭✭✭GreeBo


    Anyone?
    I looked at the docs for Small Claims court and they say that they can agree to settle only on receipt of the goods...but that doesnt do much for me...


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    #3
    oleras
    Registered Users Posts: 2,724 ✭✭✭oleras


    GreeBo wrote: »
    My question basically is, do they have the right to demand the door back off me if they give me my money back (or I persue them in the courts)?
    Can I be left with no front door??

    Cheers

    Why would you want to keep a faulty front door ?

    Get a new one fitted and throw the old one back at them demanding your money back, if that does not happen then take them to court.


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    #4
    GreeBo
    Registered Users Posts: 27,163 ✭✭✭✭GreeBo


    oleras wrote: »
    Why would you want to keep a faulty front door ?

    Get a new one fitted and throw the old one back at them demanding your money back, if that does not happen then take them to court.

    Well I dont want to keep it, but I dont want to be left with no door either!
    Same goes for the window, I cant just replace 1 window at the front of my house from another company, that ruins the look outside of my house...


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    #5
    Oryx
    Subscribers Posts: 19,425 ✭✭✭✭Oryx


    GreeBo wrote: »
    Well I dont want to keep it, but I dont want to be left with no door either!
    Same goes for the window, I cant just replace 1 window at the front of my house from another company, that ruins the look outside of my house...
    Why not? Cant another company match it?

    Maybe give the company a set period of time to replace the faulty parts, after which you will have them replaced independantly and pursue them legally for the cost. If you push hard like that, they may sort it!


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    #6
    GreeBo
    Registered Users Posts: 27,163 ✭✭✭✭GreeBo


    KtK wrote: »
    Why not? Cant another company match it?

    Maybe give the company a set period of time to replace the faulty parts, after which you will have them replaced independantly and pursue them legally for the cost. If you push hard like that, they may sort it!

    Nope, no one else does them...
    They are now demanding €100 to be paid up front before they will even come out and look at the issues. This is in the T&C but surely is illegal if the items are not fit for their purpose?


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    #7
    Padraig Mor
    Registered Users Posts: 9,563 ✭✭✭Padraig Mor


    I had a similar situation with a warped front door which the builders refused to replace. One strongly worded letter later, I had a new front door. If you want, I can email you the letter and you can insert your address etc. Send me a PM if interested.


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    #8
    Sam Vimes
    Registered Users Posts: 21,611 ✭✭✭✭Sam Vimes


    GreeBo wrote: »
    Nope, no one else does them...
    They are now demanding €100 to be paid up front before they will even come out and look at the issues. This is in the T&C but surely is illegal if the items are not fit for their purpose?

    no if the windows are in warranty then they can't charge you to have them repaired. after two years they are probably officially out of warranty but since the fault appeared during the warranty period, the warranty is extended until such time as the fault is fixed


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    #9
    GreeBo
    Registered Users Posts: 27,163 ✭✭✭✭GreeBo


    Commander Vimes wrote: »
    no if the windows are in warranty then they can't charge you to have them repaired. after two years they are probably officially out of warranty but since the fault appeared during the warranty period, the warranty is extended until such time as the fault is fixed

    They are two years into their 10 year guarantee, but the T&C's state that the €100 is a callout/travelling time/labour charge.

    I rang them 6 times on Friday and the person "dealing" (Ha!) with my issue was never available nor was her boss. On the last occasion they had all left for the day at 5 pm despite 5 messages asking them to ring me before I contacted my solicitor.
    Im half thinking about Joe Duffy at this stage.

    How much is a solicitors letter likely to cost me?

    Cheers.


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    #10
    Sam Vimes
    Registered Users Posts: 21,611 ✭✭✭✭Sam Vimes


    GreeBo wrote: »
    They are two years into their 10 year guarantee, but the T&C's state that the €100 is a callout/travelling time/labour charge.

    I rang them 6 times on Friday and the person "dealing" (Ha!) with my issue was never available nor was her boss. On the last occasion they had all left for the day at 5 pm despite 5 messages asking them to ring me before I contacted my solicitor.
    Im half thinking about Joe Duffy at this stage.

    How much is a solicitors letter likely to cost me?

    Cheers.

    you say they've been faulty since day 1. a company can't give you a faulty product and then charge you to fix it. the fact that its been two years is irrelevant. the only reason its been two years is they keep failing to fix it. T&C's that breach your consumer rights are unenforceable under law. i can't imagine that they are allowed charge the fee in this case but someone might correct me on that

    don't bother with an expensive solicitors letter. the small claims court only costs €9


    edit:how much were the windows? i believe the SCC only deals with purchases up to €2000


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    #11
    GreeBo
    Registered Users Posts: 27,163 ✭✭✭✭GreeBo


    Commander Vimes wrote: »
    you say they've been faulty since day 1. a company can't give you a faulty product and then charge you to fix it. the fact that its been two years is irrelevant. the only reason its been two years is they keep failing to fix it. T&C's that breach your consumer rights are unenforceable under law. i can't imagine that they are allowed charge the fee in this case but someone might correct me on that

    don't bother with an expensive solicitors letter. the small claims court only costs €9


    edit:how much were the windows? i believe the SCC only deals with purchases up to €2000

    Yep, thats what I keep telling them, well the secretary, no one else will take my calls.

    The whole thing was 13k, the door was about 2.5k and the window say €500. so SCC is no good.

    Im wondering whether or not, if I go the solicitor route do I get all of it back?
    Half the windows & doors are black bog oak that no one else seems to do so I need to get all or none of them replaced. I dont really care about the back windows (They are white)
    Will a court/etc take this into account?


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