Ever had a company not carry out the service you paid for? Here’s how we helped a member when she had no choice but to take a company to court.
Back in October 2015, Which? Legal member Christine asked Ultimate Windows (NE) Ltd to supply and install a new front door, double-glazed windows and a set of French doors.
She paid £6,400 for the work, but several issues became apparent once it was completed – from the standard of the painting to the installation of the door frames.
Christine complained to Ultimate Windows, but was left with no choice other than to go elsewhere and get the work fixed herself.
Christine took her case to the Consumer Ombudsman, which ruled in her favour. However, Ultimate Windows still failed to comply, leaving Christine no choice but to take the company to court.
Small claims court
We advised Christine of her rights under the Consumer Rights Act 2015 and what her next steps should be during the court process.
In this case, Ultimate Windows was in breach of contract as the service provided was not done with reasonable care and skill, and the supplied products were not of satisfactory quality.
Christine was able to prove this after getting two independent surveys to assess Ultimate Windows’ work.
We advised Christine on how to escalate her claim through the small claims track of her local county court and how to prepare for the hearing.
Damages and fees
Three years and eight months after the start of the works, the court found in favour of Christine, awarding her £7,133.75 in damages, plus £810 in court fees.
The independent surveys likely strengthened Christine’s case. The reports helped evidence on how the service was done poorly and to what extent the materials were below standard.
Christine was also able to justify the value of her claim with clear quotes. This combination of evidence was crucial in getting a county court judgement against Ultimate Windows.
We didn’t receive a response from Ultimate Windows.
Have you ever been let down by the quality of building work? Would you be confident taking an issue to the small claims court?