why should i have to pay for an independant window fitter to look at my windows and find any faults?

Question

got new windows put in by pure cowboys trading standards are involved,the windows look pure crap the finishing details are crap ,we have been trying to get things sorted since last september and we are hitting our heads against a brick wall anyway trading standards are on our side helping us they say the next thing we have to do is get an independant person out to look at the windows and report the faults which we know are already there anyway and the cowboys know them to although other faults have now arisen since they were out,the cost of an independant person from trading standards can cost £100-£150 which is expensive,why should i have to pay that when we already know whats wrong and this only means that the cowboys have to come back and try and fix their mess again-we have already had several attempts at that ,am i within my rights that when it comes to us paying our bill we should deduct this fee from it because if the job was done right first time we wouldnt be here

Answer 1

Try an ombudsman, they really kick *** if they get involved. Not sure who you would need to see etc, but tradings standards should know. Can the £100-£150 be claimed directly from the cowboys, so your not out of pocket?

It sucks when you're ripped of, it infuriates me! Been there, got ripped off, won't be suckered a second time!

Good luck, hope you manage to get something sorted out. ;)

Answer 2

Before you can claim compensation from someone you have to give them chance to put any problems right first and then, if they don't, you have to try and get the repairs done as cheaply as possible. This is called 'mitigating' your loss. The idea of this principle is that you can only get the minimum amount of compensation required in order to put you in the same position as if the contract had been performed properly in the first place. I don't think you necessarily need an independent examination at this point. If you and trading standards have agreed a list of what is wrong then I would put this list to the contractors and see if they agree with the points and agree to put them right first. If they don't then you would have to get someone else out to fix the problems anyway so they will then probably give you a letter about the relevant defects at the same time as quoting you for the work and which will not cost you anything. If you haven't paid the contractors yet then you are within your rights to refuse to do so until all the problems are resolved and to deduct from the final payment the cost of any works you have had to undertake yourself. This will put the onus on them to decide whether to sue you in the small claims court if they disagree and think they have done things properly. If you want any more help with this then feel free to email me.

Answer 3

I am not a lawyer but my guess is that by getting an independent to look at the windows you could then take them to small claims court and now you have a supporting opinion of your claim, instead of your word against the contractors,(cowboys as you call them), for the judge. You may be able to get the judge to have the contractor cover the cost of the independent window fitter? Just something to consider. But again, I am not a lawyer.

Answer 4

Hi Julie,

The reason an independent survey is asked for is to give substance to your claim should the case got to court, which I can see happening here.

Your claim against these cowboys will include all expenses. Yes, you can deduct the costs of the survey and any loss you have incurred as a result of the issue.

Getting them to pay is another matter.

Good luck.

Answer 5

Why are you contemplating paying them at all?? But yes, if they put the faults right, then I should think you're well within your rights to deduct the trading standards fee.

Answer 6

You'v got to reverse the situation here , refuse to pay , full stop , then they will have to prove that their goods and installation are of merchantable quality , it works believe me !!