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[Shackeng]

In December 2018 I had a pair of patio doors fitted. There are draughts from under the bottom of the fixed panel, and also from the vertical join with the sliding section.
I complained within a week to the supplier, who came after Christmas and refitted the doors. They are still draughty and are unacceptable. I have told the supplier, who says he will fit a different type at cost price, but still expects me to pay for the faulty doors. I have told him (outside the 30 days, but I did report the faults almost immediately) that I reject the doors as unfit for purpose and that they are of unsatisfactory quality. I have not paid for them. He also says I cannot have them replaced by another installer as they are his property.
Where do I stand legally? Can I have them replaced by another installer?

[STEMO]

So.......the doors come off...new doors go on.....and he comes and collects 'his property'. No?

[dave the builder]

will he re fit your old doors then (your property ) 
Builders eh 

[tunnie]

Is it worth getting independent view, is it the doors themselves or bad fitting?

[Shackeng]

Is it worth getting independent view, is it the doors themselves or bad fitting?

It may come to that. The problem seems to be the brush seals, particularly at the bottom of the fixed panel. The vertical seal is slightly better since refitting, but the bottom seal is still draughty. I am not prepared to pay for two sets of doors. I shall be consulting my barrister daughter tomorrow. Although she is in finance she will know an expert in this field.

[Lizzie Zoom]

The Consumer Rights Act 2015 gives you protection and can be used to resolve this issue, either with he company concerned or, if they do not give you satisfactory replacements / repair, through the small claims court (maximum claim £5,000).

The fact you have not yet paid for the doors (and any installation work?) Shackeng rather complicates any possible claim you have as the doors are still technically and legally owned by the installation company.  Therefore, because of this impasse you have, with the installer not agreeing to replace / repair the doors after your repeated requests, which you should have done in writing, giving them reasonable notice (30 days) to resolve the issue or you will be taking legal action ( with a separate letter from you giving "Notice of Action"), I would consult with professional independent advisors, such as the Glass and Glazing Federation (GGF) and the Double Glazing and Conservatory Quality Assurance Ombudsman Scheme (DGCOS).  Dependant on the trade bodies this company belongs to, I would also contact them for advice.

I would also read the advice given by Which? : www.which.co.uk/reviews/double-glazing/article/how-to-buy-double-glazing/your-rights-
when-buying-double-glazing

If you had paid for the doors and installation the claim would be straightforward, but in law the doors do still belong to the supplying company (but, also dependant on what type of contract you signed with this suppler and any relevant clauses on the transfer of ownership of the doors vs. payment) it rather complicates your claim.  However, one fact is for sure you ARE entitled to have supplied and fitted a good and satisfactory pair of doors that conform to any claim made before the contract was signed, and whatever is considered reasonable in law.

All the best with your action

Read more: https://www.which.co.uk/reviews/double-glazing/article/how-to-buy-double-glazing/your-rights-when-buying-double-glazing - Which?

[Lizzie Zoom]

....................I have to add Shackeng that it is vital you read whatever contract you signed in depth and understand fully when transfer of the contractor's property would be enacted in respect of your deposit / payments, and your rights as stated by them, although they would not affect your statutory rights under the Consumer Rights Act.

If the contractor is claiming that the doors are still his property you MAY consider informing him to remove them off site and then you seek another contractor to supply and fit what you desire. However, beware of the costs the original contractor may have incurred in readying the site for the installation of the doors, which he could fairly, and reasonably, pass on to you.  That figure would have to be agreed separately. 

In short though good, proper, legal advice should be sought by you to avoid any legal pitfalls that could be costly and affect the rights you undoubtedly already have.