[Finance] Advice re new UPVC windows..drafty and leaking - our rights

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giveusfalmerplease

Well-known member

Sep 21, 2006

1,989

Not quite a million miles from Brighton

• Feb 23, 2022

• #1

Hi, so 4 years ago we spent over 10 grand on new bay windows. This included knocking down the brick bays and replace with wooden structure and new UPVC windows. We've had nothing but trouble. Within 2 years we were getting leaks inside which lead to the plaster inside breaking down. We got the firm back just before lockdown and they resealed the outside which seemed to work. But now this winter we've been freezing from drafts which original I thought was coming down our chimney but it's not, it's the windows. I went round each frame and the majority is coming through the window which don't open.
I'm now in dispute with the building firm as they claim work is past warranty, despite the fact I've been asking them three years for the paperwork.
They say only the glass is guaranteed for 5 years u e if the seal breaks between the 2 panes

All research I've done suggest this is due to poor installation. New windows should last 20-30 years surely

Anyone got advice I should follow or do I have to swallow?

 

S

Springal

Well-known member

Feb 12, 2005

23,849

GOSBTS

• Feb 23, 2022

• #2

Start small claims court process (think £10k is upper limit) and document all of it.

Are they a big firm or small ? Just beware they could liquidate to get out of it

Stick a bad review up on checkatrade and their Google reviews as well

 

chimneys

Well-known member

Jun 11, 2007

3,590

• Feb 23, 2022

• #3

Presumably you got a critical FENSA Certificate at the time? Certainly worth going to them and causing a stink:

https://www.fensa.org.uk/why-you-should-always-ask-for-a-fensa-certificate

https://fensahelp.zendesk.com/hc/en-gb/articles/1500001267181-Criteria-for-complaints-that-may-be-referred-to-FENSA

 

dejavuatbtn

Well-known member

Aug 4, 2010

7,210

Henfield

• Feb 23, 2022

• #4

chimneys said:

Presumably you got a critical FENSA Certificate at the time? Certainly worth going to them and causing a stink:

https://www.fensa.org.uk/why-you-should-always-ask-for-a-fensa-certificate

https://fensahelp.zendesk.com/hc/en-gb/articles/1500001267181-Criteria-for-complaints-that-may-be-referred-to-FENSA

Click to expand...

Good shout. Even if a FENSA certificate hadn’t been issued at the time you can still go back to them to get it as they are legally bound to issue one.

 

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portslade seagull

Well-known member

Jul 19, 2003

17,619

portslade

• Feb 23, 2022

• #5

With Fensa aren't most installations under a 10yr guarantee?. We've always kept the docs and for the last house handed them over to the new owners

 

LamieRobertson

Not awoke

Feb 3, 2008

46,760

SHOREHAM BY SEA

• Feb 23, 2022

• #6

portslade seagull said:

With Fensa aren't most installations under a 10yr guarantee?. We've always kept the docs and for the last house handed them over to the new owners

Click to expand...

Aye ..i had new ground floor windows installed in November and the Fensa cert states 10 years

 

happypig

Staring at the rude boys

May 23, 2009

7,972

Eastbourne

• Feb 23, 2022

• #7

Get an independent inspection and report by a builder/surveyor (you may have to pay for this).
Write to them saying they still have not sorted out the outstanding issues that you have reported many times (give approximate dates) and give them a reasonable time to rectify the issue, say 28 days. Inform them that if they do not remedy the situation to your satisfaction you will take legal action. Send it recorded delivery.
If they don't put it right, send a "final letter before action" informing them that you will issue proceedings in 14 days.
Put EVERYTHING in writing.
Then go to small claims court.

Oh, and "five minute job"

If you're not sure how to write the letters, I'll help out (I have had previous successes taking on Currys for my son) , feel free to PM me.

 

Bry Nylon

Test your smoke alarm

Helpful Moderator

Jul 21, 2003

19,869

Playing snooker

• Feb 23, 2022

• #8

Bay window problems are quite specialised. Ask an expert to look into it.

 

Rookie

Greetings

Feb 8, 2005

12,074

• Feb 23, 2022

• #9

The Consumer Rights Act 2015 will be your friend. Goods have to be of satisfactory quality and fit for purpose and it is certainly arguable that windows failing after such a short time would not fit that criteria. A trip to the CAB would be good as I doubt it is worth instructing a solicitor based on the value and the potential amount you will recover.

 

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giveusfalmerplease

Well-known member

Sep 21, 2006

1,989

Not quite a million miles from Brighton

• Feb 23, 2022

• Thread starter
• #10

thanks everyone. I never heard about FENSA - will check it out. Unfortunately the matter is complicated by us having multiple works all done at the same time - electrics, windows, central heating, new kitchen and we moved out for 3 months whilst it was done. The only "paperwork" we ever got was an "AA" grade for the windows, nothing else. Hence this could develop into a situation where they argue i need to take it up directly with the window fitters rather than the firm who project managed it.

With my father suffering from affects of stroke i really didnt give much attention to the lack of paperwork at the time. We have a separate issue like when they put in the new kitchen they didnt put in an s bend in the kitchen sink - again something that i now understand should have been mandatory to pass regulations.

I'll start with the Fensa request and see what response i get.