Problems with new front door - which consumer protection applies?

cfcman

New Member
Nov 15, 2015
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0
About 3 years ago I had a new composite front door fitted by Fusion Doors. Since it was installed the door has repeatedly "dropped" in the frame, making it impossible to close without slamming it hard.

Since the door came with a 5 year installation warranty I have been calling out the maintenance company (Martindales) every time to "fix" it (or rather contacting Fusion Doors who in turn called out Martindales). At first they simply adjusted the hinges using an allen key, but the problem kept coming back after a few weeks. I then asked for a visit from a more senior person, and was visited by a branch manager who advised me that the problem was with the fixings used for the frame - the screws went directly into the brick, rather than into plastic collars in the brickwork. This made the frame insecure.

A fitter returned to replace the fixings on the hinge side of the door, but the problem returned. Over the course of another 2 visits more fitters eventually ended up replacing ALL of the fixings with collared fixtures.

After another few weeks the problem came back, so I asked for another visit from the branch manager (the same person as before). This time he could see no obvious problem, but sent some more experienced fitters to look at it. They came a couple of weeks ago, and said that the problem was because the adjustments which had been made to the hinges had only been made to the top hinge, and that all of them should have been adjusted. They made the necessary adjustments, assured me that it would DEFINITELY resolve the problem, and left. That was 2 weeks ago, and the problem has returned (we can no longer close the door without slamming it hard).

We have now had ELEVEN visits from Martindale to correct the same problem, but the problem remains.

Now seems the time to leverage my consumer rights, but I'm not sure whether it's the Sale of Goods Act or the Supply of Goods and Services Act which applies to this transaction. Can anyone here clarify which?
 

ALewis

Moderator
Nov 23, 2010
691
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South Wales
This would fall under the Supply of Goods and Services Act as youve had both - goods (the door) and a service (the fitting). If it was just the door that was the problem (and nothing to do with the fitting involved) then you could take it down the Sale of Goods Act, however you may aswell use the Supply of Goods and Services as the fault could be the door/fixtures themselves, or it could be the fitting service provided has not been carried out with reasonable care and skill.
Adam
 

cfcman

New Member
Nov 15, 2015
2
0
0
This would fall under the Supply of Goods and Services Act as youve had both - goods (the door) and a service (the fitting). If it was just the door that was the problem (and nothing to do with the fitting involved) then you could take it down the Sale of Goods Act, however you may aswell use the Supply of Goods and Services as the fault could be the door/fixtures themselves, or it could be the fitting service provided has not been carried out with reasonable care and skill.
Adam
Many thanks for clarifying that Adam. Hopefully I won't need to invoke my rights under the Act but it's important that I have it as an option.