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Had Double glazing fitted but now cant pay
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paulboy
Newbie
Join Date: 25/01/2010
Posts: 1
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Posted: 25/01/2010 2:19:03 PM
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Partner lives in my house, gets double glazing fitted throughout... We split up partner moves out.
Partner ordered the double glazing and payment due after fitting.
Is my partner soley liable. ?
I assume all they can do is issue a claim in small claims court/high court writ?. They obviously cant and wouldnt try and remove the windows, since the property belongs to me etc.....
Ps for avoidance of doubt, nothing was taken out on finance, simply a case where payment was due after windows fitted etc
Has any company(not a one man band) been in this situation. What have you done?
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DIY Conservatories Chris
Intermediate
Join Date: 30/09/2009
Posts: 79
Location: Sheffield, UK
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Posted: 29/01/2010 10:25:53 AM
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Hi Paul,
I think as far as legality goes, the windows will in fact remain the property of the company until you have paid for them in full. So technically they are within their rights to remove them.
That said, I don't believe they can enter your home without permission (or a warrant if needs be), but to be honest they could probably remove them from the outside if they chose to take that tact.
I suggest you carefully read your terms and conditions of contract as it will probably be stated in there.
However, why not try and look at it from another point of view:
Firstly, most companies should be reasonable and willing to discuss your situation with you as long as you are being reasonable too.
Secondly, ok, you and your partner are now split, but was it such a bad idea of your partner's to have the double glazing fitted. Surely it adds value to your property and will indeed help with energy efficiency (ultimately saving you money on heating bills).
The best advice would be to sit down with the company and try to agree to some sort of payment plan. Afterall if they know their money is coming at least at some point it takes the pressure off both parties and it would ultimately save you both alot of time, stress and further cost.
If you don't want to enter into finance agreements then perhaps speak to a family member or good friend for a short term loan with a small interest agreement.
All in all though you're best to sort it above board and amicably, rather than take a stance of it's not my fault so to heck with everyone else, I think that will only serve to disgruntle other parties and in my experience that is generally when people tend to come out fighting.
Hope it all works out for you.
Cheers,
DIY Conservatories
Mighty Oaks from little acorns grow.
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jsunder
Beginner
Join Date: 15/06/2009
Posts: 10
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Posted: 29/01/2010 10:46:33 AM
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A slight pickle, but you can work this out.
I agree with the above - be honest with the company as soon as possible, explain to them your problem and I'm sure you'll be able to find a solution, just don't dig yourself into a hole you can't get out of!
Hope everything goes ok, would be good to hear back from you once you've resolved it.
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albatross
Beginner
Join Date: 11/02/2010
Posts: 24
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Posted: 11/02/2010 3:14:04 PM
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You are responsible as it is your house you need to pay them and then you need to claim against your ex-partner. They are allowed to remove their windows and if required they can have the police attend while they remove them. They have a responsibility to leave your house secure which would usually result in boarding up where the windows once were. Not nice but they have done the work, you obviously agreed to allow the work to be done in your house and they now need to be paid. As a company they will want to be paid.
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Kevin Ahern
Beginner
Join Date: 24/02/2010
Posts: 10
Location: Chester
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Posted: 25/02/2010 12:59:12 AM
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Pay the bill, you have the benefit of the product,they can put charges on the house, they are entitled to their money. I had a case similar, but the situation was engineered by the customer to pretend he wasn't liable,(he ordered, can't pay,girlfriends house etc) I got my money and 2 years of excessive interest as my T&C. lots of hassle but a very satisfying conclusion. Your situation may be different but it sounds like you will have to bite the bullet
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Lincs1
Newbie
Join Date: 15/08/2010
Posts: 4
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Posted: 15/08/2010 9:48:18 AM
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I guess this is all sorted now and I hope it ended on a positive note.
In a situation like this I would recommend to others making an appointment at their local CAB office. Explain the situation and clarify exactly what rights and course of action the company could take. Removing the windows is not a practice that I have seen applied. Ever. Although, as stated by others, it is often threatened.
If it is a national company then after the CAB I would seek legal advice from a solicitor, you will most likely be elegible for LA if your income is now low and you can use a solicitor to communicate the situation to the accounts department of the company and work a resolve.
If it is a local company then I would personaly contact them directly after your CAB appointment. If you have no joy then use a solicitor.
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