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Urgent Help! Defence & Counteraclaim received

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  • Urgent Help! Defence & Counteraclaim received

    Hello Everyone

    Please can you kindly advise on the following

    BACKGROUND
    A fensa registered company installed a UPVC double galzing window and during installation according to me removed the support that was holding the bricks and installed the window after installing the window the bricks moved out of place and they just spat cement to hold them in place, the window cill was not the correct size all was a rushed job.

    The weight of the bricks caused the plastic frame above the window to limp and the work carried out was like cowboys! I emailed the company the same afternoon as fitting took place at near 6pm took pictures and explained that its a botched up job. And to return my old window and support that they removed.

    They came back after few weeks and removed the window
    removed the bricks and fixed the bricks as they had cement all over then put a lintel (support ) then put the window back in
    The fitter said if you are not happy we will replace it with a new window.

    They have not kept their word as they have not finished the work off their are gaps still showing the window is smaller than the actual size etc. We took them to court as we approached FENSA and were told they can't get involved until the is not complete and as a customer I'm not happy with what they were offering me. it seems like they just wanted to cover the gaps and not do the proper way.

    We approached court and now they have defended the claim and also made a counterclaim. The window was worth £270 and now they want £1270!!

    They are charging me for the bricklayer £350
    £200 balance outstanding
    £250 cost of new steel lintel
    £400 cost incurred for sending fitters
    £70 for counterclaim
    & legal costs incurred will be sent separately!!

    please advise as my arguments is
    1.they did'nt tell me at the time of measurements that a lintel would be required and this is the extra cost
    2.they messed up the original fitting of the window
    3.they then had to fix it thus the bricklayer came in & lintel fitted by them
    4.i didn't agree to anything prior to this and nothing after

    I have been patient with them the whole time and they messed upto begin with with incompetent fitters

    How do i go with their counter claim and defence?
    Are their any laws i can refer to in my defence statement
    I was the claimant but not its like the company is out to get me

    please advise kindly
    Tags: None

  • #2
    Was the window a replacement for another window or a completely new window ? ie. was there not already a lintel in place ?
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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    Comment


    • #3
      Hi Amethyst

      it was complete new window i was having my old 1 removed which was an old style window a wooden double glazing sort

      My mum was supervising them and she describes the fitter as
      removing the old window and it still had a wooden beam/support there and whilst they put the new upvc window they removed that piece out and pushed the window in then the bricks above it moved became loose so the gaps in between the bricks which already have cement filling they splattered some more to try and keep them in place my mum told them not happy with this but they said we can't spend the entire night sorting this out and rushed the job


      Comment


      • #4
        You need to post up your particulars of claim and the particulars of the counter claim

        Comment

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