Dispute is cleaned up

Jan 11 2009 by Mr Justice, Sunday Sun

A ROW over damaged windows is set to be resolved thanks to your consumer champion.

William and Kathryn Mark had told me how the glazed units appeared to be marked on the outside.

Now the units are set to be replaced after the couple asked for my help.

The saga started when William and Kathryn noticed the marks while cleaning the windows.

They blamed contractors working on an extension to their neighbour’s property but the contractors deny responsibility.

Electrician William, 50, said: “It appeared to be cement and it would not wash off.

“We obtained advice from a window company that any attempt to remove it with a scraper could scratch the glass.

“Weeks passed and we were told by the contractor that it was not cement but burn marks.

“I believe the marks are in keeping with a Stihl saw or a similar tool.”

The couple, of Gateshead, entered into a prolonged discussion with the contractors J D Joinery, of Gosforth, Newcastle.

William said promises were made to replace the damaged window. But the windows remained unrepaired months into the dispute.

And that’s when I was brought in to find a way to resolve the row.

Joe Dixon of J D Joinery denied workers had used a Stihl saw or any other grinding tool at the front of the property. So there is, a dispute over the cause of the marks.

But there is no dispute that Joe had agreed to “sort it out” for William.

William says so, Joe says so, even neighbour Jan Hopper says so.

Jan said: “Mr Dixon spoke with Mr Mark on a few occasions and agreed to replace the windows as a gesture of goodwill.”

I spoke to Joe on several occasions and he confirmed he had promised to get the windows sorted.

He told me: “There is a dispute over who did the damage.

“We cut at the back of the house and the damage is at the front.

“There are two sides to every story and the truth is somewhere in the middle.

“I did say I would “get it sorted” and I will not deny that I said it.

“That might not have been the words but they were the sense of what I said.”

That begs the question: Why wasn’t it sorted?

William said arrangements were made to measure up but just fizzled out.

Joe said: “I was not going to chase it up.”

That’s when I asked him to chase it up and make arrangements with his sub-contractor to measure up as a prelude to replacing the units.

Joe said: “I’m sorting it, I’m doing it, I know it’s going to be a thumbs up in your page, a little tick in the box, but it’s not fair.”

I told Joe we would not be having this conversation if he hadn’t offered to sort it out in the first place.

And, indeed, was it fair to make a promise and not keep it?

Arrangements were made to measure up last Friday before the replacement goes ahead.

That’s why Joe is getting the thumbs up he was expecting.