Counterclaim for Misrepresentation

[bentls00]

Builder is taking me to court. Can I counterclaim for Misrepresentation as his website states FENSA registered but isn't and now no guarantees for the windows

[Ripped-Off]

Re: Counterclaim for Misrepresentation

Probably not.

You'd need more than just a statement on his website. You would have to show to the court that something he said, did or put into writing induced you into entering into a contract that you would otherwise not have.

If you ever come to sell your property, the purchaser's solicitors will ask for evidence that any replacement glazing installed since April 2002 complies with the Building Regulations. This is where your counter-claim should start.

You should counter-claim for either the cost of windows that do comply or the cost of making the current windows compliant.

[charitynjw]

Re: Counterclaim for Misrepresentation

It might be a good idea to contact FENSA.

http://www.fensa.org.uk/rogueTraders.aspx

Rogue Traders Prosecutions

To advertise as a FENSA registered company when a company is not is a criminal offence under the Trade Marks Act 1994 and Consumer Protection from Unfair Trading Regulations 2008.
Under the Trade Marks Act 1994 traders must not have unauthorised use of a registered trade mark. Companies who are not registered with FENSA are not permitted to use the FENSA logo from their website, any company paperwork, stationery and advertising.
Under the Consumer Protection from Unfair Trading Regulations 2008, traders must not mislead a consumer or a business that they are registered with when they are not, thereby causing them to make a transactional decision that they would not otherwise have made. It is an offence to supply goods or services which are falsely described.

[wales01man]

Re: Counterclaim for Misrepresentation

Building control can check the windows and installation bet yer Fensa will do stuff all

[bentls00]

Re: Counterclaim for Misrepresentation

Building control can check the windows and installation bet yer Fensa will do stuff all

thank you the windows have been approved by Building control so I guess just no guarantee although assumed they were covered by FENSA

If the claim is over £10,000 by a few hundred would you still need a solicitor to be involved to defend

[wales01man]

Re: Counterclaim for Misrepresentation

What are you claiming for? are you sure the Builder has the ability to pay if you get a CCJ

[Ripped-Off]

Re: Counterclaim for Misrepresentation

thank you the windows have been approved by Building control so I guess just no guarantee although assumed they were covered by FENSA

Obviously, if you have had to get Building Control in to approve the windows because the Builder has let you down then I would expect any costs incurred would be included in your counter-claim?

Also, FENSA say that 'Registered Businesses' must give a 10 year warranty. You could potentially have a claim for the cost of obtaining a guarantee, or the depreciation in value of the property if no guarantee can be provided to subsequent purchasers. However, that could be difficult. You would have to prove that there was a misrepresentation, a breach of contract or a breach of an implied obligation to provide a 10 year warranty.

[charitynjw]

Re: Counterclaim for Misrepresentation

If the claim is over £10,000 by a few hundred would you still need a solicitor to be involved to defend

Case management decides on the allocation to track.

If it's not too complex (& esp if both sides are agreeable), there would be no harm in asking.