Problem with new conservatory

[gyzmo]

Hey Poppynurse - you contacted TS yet?

[poppynurse]

Yes, but I'm waiting on a call back, hopefully today

[gyzmo]

Oooh keep us updated. Is it definitely Trading Standards? They will need to see the documents to give proper and accurate advice (which is why I could not be much more help!). fingers crossed.

[poppynurse]

Definately TS!

[poppynurse]

Right - long chat with TSO. Basically she told me to let them take me to court, I'm to defend and counterclaim and go armed with photos and copies of all correspondance (apparently I've been reasonable in trying to negotiate a solution, judge will take dim view that they wouldn't discuss problems and immediately threatened court action). She said I could take them to court for failing to exercise reasonable care and skill but I'll let them do the running. The judge will decide who's telling the truth, me a mere nurse who knows nothing about construction or them the 'professionals' who should be very experienced in what they do and advise customers with due care. Worse case scenario - I lose and pay up, best case they lose and I live with what I've got and pay less than the full price.

We'll see what response the co. come back with to my 'legal' letter.

[gyzmo]

Go for it! Good luck and let us know how it goes.

It might also be worth asking TS if they do provide any kind of suport or representation in court. Some do, some don't. If not, see if you qualify for any legal assistance.

All fingers and toes crossed (and the cat is trying to cross his claws but not having much luck!)

[GuidoT]

If they are going to take you to court how much will it be for?

I am just thinking of your exposure to their legal costs if you lose.

[Bookworm]

Originally Posted by poppynurse

Right - long chat with TSO. Basically she told me to let them take me to court, I'm to defend and counterclaim and go armed with photos and copies of all correspondance (apparently I've been reasonable in trying to negotiate a solution, judge will take dim view that they wouldn't discuss problems and immediately threatened court action). She said I could take them to court for failing to exercise reasonable care and skill but I'll let them do the running. The judge will decide who's telling the truth, me a mere nurse who knows nothing about construction or them the 'professionals' who should be very experienced in what they do and advise customers with due care. Worse case scenario - I lose and pay up, best case they lose and I live with what I've got and pay less than the full price.

Originally Posted by Bookworm

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's always nice to know TS agree with me.

[uPVC-Man]

Hi Poppynurse

I'm in the industry (conservatories) as a divisional manager for a large national (The 'Best' one )

As far as too close to your neighbours boundary is concerned, had we done that - we would be liable for any responsibilities regarding actions brought by yourself or subsequent buyer of your property.

We are required to document ALL aspects/elevations including drawings that are supplied to the manufacturing department, fitters, planners, YOU, and anyone else involved such as original builders if covenants are in place etc etc. THEY WILL HAVE SUCH DRAWINGS... In particular the so called surveryors survey reports and subsequent documents.

Does your original contract stipulate width/projection? Did anyone make any enquiries to local planners?

Depending on local authorities and how close to the boundary wall, you may have needed planning permission (irrespective of size). The builder should not proceed on the assumption that this is taken care of without getting you to sign an indemnity letter first. Certainly we would have been responsible had we done the same.

The original sales person should also have a document relating to width/projection together with the contract, the surveyor will begin his survey on...

I think they know they've botched it and are hoping you'll back down from their threats of legal action.

Sadly this sort of thing happens far more often than you'd think. I moved to the 'Best' company from another national coz of the appalling way my customers were treated.

Best of Luck - I think you've a strong case...

[NaciravBanks]

Hi PoppyNurse, Just been reading your thread and would like to wish you all the best with this situation you are going through.

I cant see how they can win in court unless they stand and lie!
If you all agreed on A,B & C to be done for X amount of monies. Then anything less then A-B & C is a breach and they should be liable. simple as.

Good Luck

[Bookworm]

Any news on this, Poppy?

[poppynurse]

They wrote back telling me to pay or they will issue proceedings, I wrote back to say bring it on.....they still haven't been to do the snag list either so hopefully the judge will see them for what they are, or perhaps they will give in gracefully and not pursue the reamining balance (in my dreams ).

[GuidoT]

Any answer to my post 47?

You may want to consider writing to them advising them that they must comply with the Pre-Action Protocol for Construction and Engineering Disputes and failure to comply will result in adverse costs sanctions (providing of course you are not allocated to the small claims track).

[poppynurse]

Sorry - around £1650, which is the difference between what I have paid and the invoice, so it will be small claims, do they legally have to follow ther pre-action protocol?

[GuidoT]

Protocol does not apply then and it is very unlikely you will have exposure to their legal costs.

I say let them commence, let us see if they bother, if they instruct a lawyer it is going to cost them at least £1,650.00 to pursue the matter.

[JonCris]

poppy have you got legal expenses insurance on any of the financial products you own such as your house insurance or credit card.

If so they should provide funding for you to appoint a solicitor or they may even appoint one for you

As for the rest I won't bother to say more as it may cloud the issue further other than to remark that you have an excellent case against the builder. & the fact that they failed to provide detailed drawings is to YOUR advantage not theirs as they have to disprove your expectations.

Should they foolishly issue proceedings I suggest you mount a counter claim for not only the extra work that will be needed to rectify the problems but also to recover your costs (time, letters, phone etc) in trying to resolve matters together with damages for disappointment