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Who do I sue?

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  • Who do I sue?

    In September 2021 I instructed an approved fitter to provide and install a new motor and track for a double up and over garage door.
    After about 26 months the door began to intermittently open only by about a foot and then stop. On other rare occasions it would fully open. The fitter attended but on that occasion it operated as it should.
    Thereafter the fault returned and the fitter attended again earlier this week and advised that there must be an issue with the motor/sensor and to claim on the manufacturers 5 year guarantee as his guarantee had expired.
    I have today contacted the manufacturer who said any guarantee claim must be submitted by the fitter and I’ve emailed the fitter requesting he do so.
    I foresee ongoing prevarication and a ‘passing the buck’ scenario culminating in a court claim. Do I sue the fitter or the manufacturer?
    Thanks
    Tags: None

  • #2
    Shall we see how the fitter replies?
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      A few years ago I had the same problem with mu electric garage door. I sprayed everything with WD40 including the track and the door has worked fine since
      As you appointed the fitter who is approved by the manufacturer, to supply and install the equipment I suspect the manufacturer is right
      Hopefully the fitter left you with the manufacturer's operating and maintenance instructions. The terms of the guarantee should be included in the paperwork
      Last edited by Pezza54; 16th February 2024, 19:47:PM.

      Comment


      • #4
        Thanks folks.
        The guarantee is included in the operating manual but covers parts only. (unreasonable?)
        I agree I should await to hear from the fitter but I'll guarantee he'll ignore or delay until I issue a LBA but I don't want to commence proceedings against the wrong defendant - hence my question.

        Comment


        • #5
          After 2 years any labour warranty has probably expired and the fitter is right. Unfortunately you may have to pay the fitter for labour to obtain and fix a replacement motor which is covered by the parts guarantee for 5 years. That's assuming WD40 doesn't fix the problem

          Comment

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