DEAN DUNHAM: Can I force double glazing firm to fix faulty windows?

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DEAN DUNHAM: Can I force a double glazing firm to fix my faulty windows? They were only fitted last year

I had double glazing installed in January 2022 which cost £5,300. I paid partly by bank transfer and partly in cash.

After the job was completed, lots of problems came to light, including missing trims and openers, and misaligned windows. I chased the company about these problems for six months without success.

I was then put in contact with the fitter, who acknowledged the problems and said he would get them rectified.

I’ve not heard anything since then, so where do I stand legally?

Shabu Pillai, Ilford.

Shut out: A reader paid £5,300 to have double glazing installed but was left with problems including missing trims, missing openers and windows misaligned (file picture)

Shut out: A reader paid £5,300 to have double glazing installed but was left with problems including missing trims, missing openers and windows misaligned (file picture)

Dean Dunham replies: When a trader carries out a service such as this, the Consumer Rights Act 2015 says the work must be carried out with ‘reasonable care and skill’. 

The problems you have described clearly demonstrate that the firm has breached this.

In these circumstances traders have an obligation to provide a free repair and must do so within a reasonable amount of time, without causing inconvenience to the consumer. 

The firm in your case has clearly breached this.

My advice is that you write a letter to the firm setting out the chronology of events, stating that it has breached Section 49 of the Consumer Rights Act and demanding that it rectify all problems within seven days.

Tell the company that if it fails to do this, you will issue a claim in the small claims court. 

You will find details of this online (gov.uk/make-court-claim-for-money). It is a relatively easy, inexpensive route to take and is designed for disputes such as this. Court fees are based on the amount of money you want to claim.

If you had paid all or part of the cost by credit card, you could have made what is called a Section 75 claim.

Double charged for BT Sport 

BT charged me £29 for BT Sport on two different accounts over several years until I made it aware that I should only have been charged for one account.

After a few exchanges, BT offered to repay me for six months. When I refused this sum, BT closed the case. Where do I stand?

Jacques Obringer, by email.

Dean Dunham replies: You were effectively paying twice for the same service and this is accepted by BT Sport. On this basis you are legally entitled to a full refund.

There is no time limit for claiming this money from BT Sport but there is a time limit for taking the company to court. This is six years under a law known as the statute of limitations.

You should ask BT Sport which alternative dispute resolution (ADR) scheme it subscribes to. 

This will be either Ombudsman Services or the Centre for Effective Dispute Resolution (CEDR). 

You could then lodge a complaint with the applicable ADR scheme. I see no reason why it would not find in your favour and order BT Sport to fully refund you.

Alternatively, if you paid by direct debit, you may have another route of redress.

If a direct debit payment has been collected which is not as outlined in the advance notice — for example, if more has been collected than the amount specified or the payment has been taken on the wrong date — you are entitled to an immediate refund of the amount collected from your bank or building society under the Direct Debit Guarantee.

  • Write to Dean Dunham, Money Mail, Scottish Daily Mail, 20 Waterloo Street, Glasgow G2 6DB or email d.dunham@dailymail.co.uk. No legal responsibility can be accepted by the Daily Mail for answers given. 

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