Problem with new conservatory

[poppynurse]

There are also several other things that ring alarm bells in hindsight - they told me they use their own contractors but apparently the workmen told my OH they were subcontractors. I was told that the company were backed by FENSA, now I find that FENSA don't cover conservatories....they told me the final dimensions would be 11' by12' when I said I don't do millimeters but I've checked today and it actually converts to 10' by 11'.....they told me that there was a 10 year guarantee but most of the stuff on the guarantee certificate is covered for 1 year or 5 years. Yet they came across as so professional.....and I thought I'd done my homework before signing up .
Remind me to buy a dictaphone and record all conversations in future....

[Bookworm]

Poppy, may I suggest you PM user Gyzmo with a link to your thread, he is pretty clued up on consumer issues and hopefully will be able to advise you on what is the best way to pursue this.

My thoughts are these: If you were to fight this in court, it would boil down to who the judge believes is telling the truth "on a balance of probabilities". Worse case scenario, he finds in the other side's favour and you end up having to pay the full amount and not getting your conservatory the way you wanted it. If you don't fight it... well, that's exactly what is going to happen too. On the other hand, if the judge believes you, then you could end up with less to pay or them having to put it right, etc... It seems to me it is worth fighting it. In the meantime, I suggest that if he phones you again, you ask him firmly, but politely that since he has expressed his intention to start legal action, you expect every communication in the future to be in writing only.

Oh, and I would report the to TS for all the stuff that you were told and isn't the same on paper, guarantees etc..

[poppynurse]

Thanks Bookie - I'm not sure how to PM Gyzmo though....

[Bookworm]

Click on the link in my sig, it tells you how to send PMs. (#14)
User Gyzmo.

[gyzmo]

Nay fear - Gyz is here (oh god did I just type that?!?!)

I am having a read through on this - it may be Friday before I answer so please, as they say in call centres, bear with me!

[Bookworm]

Ta-da-DAH!!!!! *strikes pose*

[gyzmo]

Just while I am reading this, could you please state the following :

1. The name of the builder.
2. The name of the surveyor (did they work on behalf of the builder or id you appoint separately)
3. Did you pay for this on credit?

I know you maight have already mentioned these - I will get them if so. If not, please let me know the details (you can pm me if you don't want to name them publicly).

[gyzmo]

Just a few more things (it will be tomorrow before I can answer (apologies))
1. Was most of the negotiations (before you signed anything) done at your house or in their premesis or over phone?
2. Who is financing this? Is it a creditor who is separate from the builder, or is the builder themselves providing the credit?
3. Exactly what documents, plans, forms etc do you have that you can lay your hands on (that is - in your possesion - not ones that you would have to ask copies of)? These documents include EVERYTHING from when you first made contact.
4. During any negotiations, was there anyone else present?
5. Have you reported this to Consumer Direct yet?
6. Do you have a scanner to enable these to be sent to me (by PM - all confidential).


Also - click here to PM me (this is NOT an invitation for everyone else! Please post problems first as 99% of the time they can be answered!)http://www.consumeractiongroup.co.uk...newpm&u=150908

[poppynurse]

I think I've pm'd you Gyzmo!

[gyzmo]

I've got it - will respond asap

[gyzmo]

Hi Poppynurse - you have a PM from me.

[poppynurse]

Originally Posted by gyzmo

Hi Poppynurse - you have a PM from me.

Thanks Gyzmo. I will do as advised.

[Bookworm]

HEYYYYY!!!!!!!!!!!!!

We want to know too!

[poppynurse]

I sent a letter detailing my complaints and offered two alternatives - rebuild or accept enclosed cheque in full and final settlement (around 20% less than final invoice). I marked the cheque clearly - in full and final settlement.

Now it's getting interesting - the company have sent me a letter saying they are not accepting my offer of rebuild or accepting reduced payment in full and final settlement and demand full payment in 7 days. But I've just checked my account and they have obviously banked it as it shows cleared from my account.

So, they are going to take me to court in 7 days but they have banked the cheque which clearly stated in full and final settlement. Having banked this cheque does that mean that they have no legal basis to proceed?

[Chesterexpress]

They have written and informed you that they are not prepared to accept your cheque in F&F and are therefore entitled to bank the cheque as part payment. Some will argue that they are not allowed to bank the cheque, however in the majority of these cases the courts will allow it as they have written to you immediately refusing your offer of F&F and have merely banked the cheque as part payment. How many times has this forum given exactly the same advice to those who have been offered part payment as F&F for reclaiming bank charges?

I am very surprised that you have no drawings showing the design and measurements etc. as normal practice would be to have everything down on paper (they will have). Without knowing the full facts if it proceeds to court I honestly think you will have a major struggle on your hands to win this.

[poppynurse]

It's the only time I've ever bought a conservatory so I didn't know that normal practice was to have a set of plans - they definately have not gven me anything other then the dimensions and prive on a contract with so much small print it's unbelieveable.

Their reply basically says they have built it as I asked - which they have not but I see that proving it may be difficult - but why would I ask them to build something I can't access to maintain down one side and need a stepladder to get out of? I'm just reluctant to pay the full invoice as I'm NOT HAPPY with the end product.