Shocking dishonesty for a family-run business
I chose Barnet Window Company because it is a family-run firm and has a good reputation. But my experience started to change once I had problems with the Evolution windows they installed in 2016 and 2018, sold to me as a 'premium product' and specifically claimed 'to last longer than cheaper versions' in their marketing literature.
At first BWC were very helpful, and would attend for site visits to remediate problems under the guarantee. But more fundamentally when these issues started even before final payment had been made, callouts under the guarantee were required multiple times a year, items that were supposedly 'fixed' broke again within a short period of time, exactly the same problems occurred to other windows, and other consumers are experiencing the same issues with Evolution windows, there is clearly more of a systemic issue with the installed products.
BWC was initially helpful with raising these points with Evolution, even stating on an e-mail to them that 'it is clear that these problems are clearly manufacturing issues' and referring to the ‘outstanding defects’. But this changed as soon as they became aware that it is the retailer, not the manufacturer, that is legally liable under the Consumer Rights Act 2015. Suddenly BWC issued communications to me through its solicitor stating that all of the issues - Georgian bars falling off my windows (11 times, even though the first time it happened BWC assured me on an e-mail that it was an 'incredibly rare' event), gaps appearing to the seals in my 'energy-efficient' windows to let in noise and cold draughts (8 times), rusting to ironmongery - were all merely 'cosmetic issues'. I offered them the chance to retract this statement - particularly as it contradicted their previous stance - but BWC now refused to acknowledge there was a problem at all.
In order to resolve the dispute we agreed that BWC would put together a shortlist of expert witnesses to conduct an independent inspection. But they advised me that despite their 35 years of expertise in the industry they were unable to identify a single surveyor at a reasonable price. Unknown to BWC, I had already identified possible options using Google and obtained three quotes at a fraction of the price BWC was claiming an inspection would cost. I engaged my own expert witness, and the inspection took place in October 2021. The expert found no fewer than 45 faults, just 10 months after BWC had last visited and falsely declared that my windows were sound. More importantly he confirmed that the windows did not perform as marketed and that despite the 16 attempts to fix them, BWC had failed to do so.
Despite this report BWC still refused to issue me with a partial refund, falsely alleging that the expert was subject to a conflict of interest. In the end I filed a court claim in May 2022, and it was only at that point that BWC begrudgingly admitted that it owed me anything at all. Upon filing its response it was forced to pay what it felt was due and hence BWC’s own self-determined amount appeared in my bank account. But it was less than I was claiming.
I finally managed to hold BWC to account by taking them to court hearing in May 2023. But even before the judge commenced proceedings, he advised us that the case was actually very straightforward. He referred to the expert witness report and gave his view that I had very strong grounds to claim the costs for another firm to make good my windows. Based on this, he encouraged both parties to take 30 minutes to reach a settlement, and warned BWC that it would be issued with a CCJ if he had to preside over a hearing given the amount it had belatedly paid me was inadequate. After a 3 year legal battle, I am pleased to say we reached a confidential settlement that day.
A message to BWC: next time you screw over one of your customers by putting your own interests first, you may wish to consider how your actions will be judged not only in a court of law, but also by public opinion. I strongly advise consumers go elsewhere.
May 18, 2023
Unprompted review