Refusing to replace faulty goods

[Midsguy]

Hi All,
I'll try and keep this brief, but it's rather a long story.

I ordered a front door via email after viewing someones website. (I found out some months later they were only a trader, not a manufacturer.)
It was custom made (only by size, the parts used were all standard parts,) and I was promised a delivery date, which I double checked a few days before it was due to arrive. The day it was due to be delivered I took the entire day off work to wait for it. It never showed up.
For some reason it had never left the factory but was due to be delivered the next day, so another part day was taken off and it arrived. Unfortunately it was damaged.
Because it needed a professional installation I had to cancel the tradesman who was due to fit it.
The damaged item was replaced a week or so later. Again damaged. Then 3 more were apparently sent. 1 never turned up, 1 went to the people who I ordered the door from and 1 was finally okay. This went on for a period of probably 3 weeks, having to cancel and rebook the tradesman in due to faulty parts and failed promises
.Eventually it was finally fitted mid December last year, and it was immediately apparent that something was wrong, the door was sticking in the frame, then it started leaking and the letterbox bowed away from the door leaving a gap. After a few weeks sending photos, making calls, sending emails they promised to remake the door but delivery wouldn't be until after Christmas. I started to lose my patience at this point as the front door wasn't useable, so over Christmas any visitors were generally having to come through the back door.
The new door was due to be delivered late Jan 2018 and was fitted mid Feb. And I was offered compensation for all of the issues up to that point a d they also paid to have the new door fitted.

However within days it started to leak amd the lock jammed repeatedly, locking me out of my house. Someone came out to do a temporary repair within a week on the leak (I think my sense of humour failure was becoming apparent at this point.) They arranged for someone to come and replace the glazed unit then cancelled 2 days before it was due to be replaced then told me I would have to wait another 3 weeks before someone would come out.

I had a serious sense of humour failure at that point not only at the wait but expecting me to take further time off work without any recompense. I offered them options to do some work before I go to work, some at lunch and also to be here after 5pm for them and they refused to work after hours or to split the work into sections over a few days. The door was still jamming and locking me out of the house, (in hindsight I couldve called an emergency locksmith but I didnt want the hassle of trying to claim it back.)
Anyway, fast forward to this week, someone came out at 5pm to replace the glass. They broke the door, (not his fault as he had never done it before and the manufacturers hadn't explained it to him.)
The manufacturer now won't replace the door. The seller has said they can't do anything as they can't supply it and have offered a refund.
After a bit of discussion they have offered to replace the door but will offer no warranty on it.

Now, where do I stand on this?
As my contract is with the supplier can I expect them to supply a door from a different manufacturer and cover the cost and the installation cost?
Can they just say no and just give me a refund? If they do can I claim the fitting charge back as I've been left at a disadvantage due to the breaking of the contract?

Probably a hundred questions coming my way, but if anyone can help at all, please ask away.

Thanks

[Amethyst]

Goodness. I'll tag des8 on this for you ( Thanks Des), but in my view, you should obtain a full refund and compensation for the time off work, the fitting, and hassle you've been through and order your door, supplied and fitted with warranties from a decent company.

Consumer Rights Act 2015 link - http://www.legislation.gov.uk/ukpga/...ntents/enacted

[Midsguy]

Thanks for your reply. They originally gave me compensation when the door was late So I'm not sure on my entitlement to anymore?
Since then 4 more months of stress and hassle would you say I'm at least entitled to a refund on the fitting charge as well as a full refund as at least that puts me back to my original situation?

[Amethyst]

Yes, so long as it was a fault with the door and not with the way it was fitted, then any associated costs should be reimbursed IMO, so indeed, you are back where you were before you first ordered from this company.

[des8]

Hello.
Been a bit tied up today with temperamental car.

I understand that you were compensated for the debacle up to mid February.

What do you want? Obviously a front door that operates as a door should, but would you want it from the same supplier?
You could insist they supply a door of the same quality as ordered, and arrange for it to be fitted.
You may prefer however to opt for a refund, which should include the fitting charge, and any other costs (including loss of holiday?) you have incurred since February.

This is all covered in the CRA 2015 Sec 19 Consumer’s rights to enforce terms about goods (as linked above by Amethyst )

[Midsguy]

Hi, thanks for replying.

Honestly I'm a bit concerned about getting it from the same manufacturer as I can imagine them finding a way to avoid warranty in the future. I would accept an alternative from the supplier I paid the money too though (I'm finding that alternatives are about £120 more though?)

I'm not too concerned about the holiday, my stress levels however and the amount of time taken to send emails, report faults, trying to organise repairs etc is another matter.

Realistically I would consider accepting an alternative fitted and draw a line under the matter. They just don't seem to want to come to the table so I'm trying to find out what they should be doing for me and what is reasonable to expect. So everyone's help up till now is perfect.

[des8]

I wouldn't worry too much about a warranty.
Any benefits from a warranty are over and above your statutory rights, which are quite extensive thanks to CRA 2015 and Statute of Limitations.

I think a letter (keep it in writing) telling them what you want.
Mention that this is in accordance with your statutory rights as set out in the act.
No need at this stage to threaten court action (which is to be avoided if possible)