We helped a member to get their money back after they were forced to pay a hefty call-out charge to fix the problem…
A Which? Legal member had a garage roller door installed in February 2014, which cost them £1,341.50.
After a series of major breakdowns the door eventually jammed completely, due to a seizure of the emergency brake bearing.
The trader refused to repair it unless a call-out charge of £192 (including £60 for a replacement part) was paid, as it wasn’t covered under warranty.
The member was forced to pay to make the garage door operable again, and at this point they contacted Which? Legal for advice.
After requesting their money back from the company, the dispute ultimately escalated to the small claims court.
The company refused mediation, but eventually acquiesced to his claim and paid him £500, thereby settling the matter shortly before the scheduled hearing date.
Our advice
We advised the member on their rights under the Supply of Goods and Services Act 1982.
Under this Act, the garage door should have been reasonably durable. As this wasn’t the case, we explained that the company shouldn’t have forced them to pay for the repair.
We later advised on how to escalate this matter to court, and gave practical tips on trying to settle the dispute. On our advice, the member got an independent expert to examine the door.
They confirmed that it shouldn’t have needed the maintenance that he was charged for, which added support in favour of his case.
The law
The Supply of Goods and Services Act 1982 applies to contracts that supplied and installed goods bought before 1 October 2015.
This law states that goods should be of satisfactory quality, ie they meet the standards a person would expect.
If the goods fall below this standard, the trader must attempt to remedy the failure and bear all necessary costs.
This meant that the member had a claim for the financial losses they were forced to incur to fix the issue. As the matter was settled, he contacted the court and cancelled the hearing.
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