Jones Window systems Conservatory sent balance to DCA now threatening court action!!!

[k8mc86]

hi i hope you can help me i am new to CAG!

 

to cut a long story short

in september 2014 the sales person sold us a conservatory in our home

and it was agreed the sizes etc and that the entrance in to the conservatory from the kitchen would be flat.

the contract was signed on this basis and also that it would be completed asap as we had a new baby on the way.

 

the company was a complete joke to deal with and we tried to pull out of the contract in the december 2014

because the director spoke to my husband like he was something he walked in

and said the conservatory wouldn't start until March 2015.

 

 

we were threatened with paying 70% of costs so we had to stay with them as we couldn't afford to do this.

then the director said they could start end of december

(i think this was because my husband told him the contract stated asap and thats what salesperson agreed to).

 

the conservatory has been built but its not flat like requested and it is not straight!

we have had wooden flooring laid and it is obvious that the actual conservatory isn't straight.

 

 

we contacted the company in jan feb mar april and may to say about this

and the installation team came out to view conservatory and said that they could fix it easy

and told us what they wanted to do

 

 

after speaking to a third party builder we were told that this would cause issues in the future as the doors would bow.

we contacted the company and told them we wanted a different solution and explained why.

 

 

we put this in writing and said if they don't complete the work in 4 weeks we will go elsewhere as time is of the essence

and we had been waiting since september for a conservatory that was meant to be an asap build.

 

 

we were informed that the flooring would have to be pulled up

and it would be at our own cost to get new flooring and have this relaid.

 

the total cost of the conservatory was 9500 and we still owe 1600.

we have sent letters of complaint in,

we have sent letters saying we need this finishing asap

and we have sent letters quoting the supply of goods and services act and they ignored us.

 

from may until september we heard nothing and then we received a letter asking for payment.

they were then asking to let the installation team come and see conservatory

- we told them we had already done this and explained everything.

 

 

we did not hear anything back until feb this year when we received more letters requesting payment.

 

we have records of everytime we phoned, every letter we sent and every visit we had

but they are claiming not to have received these - so its our word against theirs.

we did request a subject access request to see what information they held

but its past the 40 days now and still no receipt despite chasing this.

 

we have now been sent to a debt recovery company.

we sent the letters to the debt recovery company to explain why we were not paying

and they have now sent us a letter saying they have spoken to the company

and they are determined 'in the extreme' to recover the debt and will now take us to court.

 

i am really worried now as we have been saving up to get the conservatory fixed by another company

as we will have to pay for new wooden flooring etc

(which initially cost us 1450 as we got expensive flooring to ensure it lasted with 2 small children in the house).

we will not be able to pay a third party company, get new flooring and pay the original company.

 

can anyone offer any advice?

we have not yet got court papers but they have threatened court action if payment is not made in full by 3rd may 2016.

[dx100uk]

name and shame please.

and the DCA too.

 

 

don't forget

a DCA is NOT A BAILIFF

 

 

and have

NO SUCH LEGAL POWERS.

 

 

dx

[renegadeimp]

Ignore a silly DCA. They have no legal rights and certainly cant touch you. If they were serious about court, theres a whole pre court protocol they have to follow or theyd get whipped in court.

[k8mc86]

Hi the conservatory company is Jones Window systems (JWS) and the debt collection company is First Legal Debt Recovery - Corporate Debt recovery and investigation.

 

they have sent a letter received today stating that JWS have supplied them with letters which show they have tried to resolve the matter - which are the letters sent in feb this year but theres no mention of the letters we have sent last year or our complaint or us stating time is of the essence or the supply and services and good act. it seems like JWS have supplied information that is misleading and doesn't show full story. i have sent all the info to First legal but they seem to have ignored it.

 

the letter today says - 'our client is determined in the extreme to ensure full payment is made and as such unless the above stated sum is received by tuesday 3rd may 2016 we are instructed to issue immediate court proceedings for recovery of debt which will render you liable for further costs'

 

does anyone know where we stand on JWS claiming not to have received our letters - we have records of sending them but they act like nothing was received and the first they heard we were unhappy was in february (but they didn't try collect any outstanding money from april - september). we also spoke with several managers on several occasions but they are claiming no record of this.

[renegadeimp]

IGNORE the DCA, and stop phoning and communicating with them. From now on, deal with the conservatory company direct and keep EVERYTHING in writing.

[k8mc86]

Does anyone know where we stand in terms of having to pay them- to be honest after everything that has go rob we don't trust them to fix the probs correctly as they seem in to quick fix solutions. I don't even think that is an option now anyway as they have sent to debt recovery with the intention of getting full payment whether they fix the problems - so we are left with a conservatory that's not straight or flat and they just want the payment despite all this!

 

Really worried we will end up having to pay JWS then pay another company to fix the issues so we will end up paying double!

 

What is the pre court protocol and how do I find out whether first legal have the powers to take the matter to court - I have checked and they are regulated by the FCA

[unclebulgaria67]

What you need to do is write a clear letter to Jones Windows Systems with a copy to First Legal Debt recovery, setting out the problems with the conservatory and why the remaining payment is being witheld. If you have a report from another company stating what work is required to put right the Conservatory issues, send them a copy.

 

Send by recorded delivery and wait for a response.

 

Don't worry about being taken to court at this stage. If they issued a court claim, you can evidence that you have sent JWS a letter advising of the problems and have sought to come to a position, where you get the conservatory that you ordered.

 

You are not alone in regard to problems with this company. See link.

 

https://www.yell.com/biz/jws-jones-window-systems-st-helens-7340350/

 

There are groups of double glazing/conservatory/home improvement companies in the North West who seem to behave in exactly the same way. The do work not up to standard, don't appear to be that bothered and expect full payment. There have been a number of threads on here involving these companies and some people have actually issued court claims against the companies, because of the poor work. In one case, it was estimated it would cost more to put right the bad work, than they had paid originally for a conservatory.

[k8mc86]

Thank you for your responses. When I had a letter from the DCA I sent my complaint t letters to them and they went back to JWS and have come back saying they will take us to court.

 

I will send the letters again to both JWS and the DCA and state that I wish to have the issues resolved and not ignored like they have done.

[dx100uk]

read the dca letter properly

does say will anything?

 

 

can you scan it up in pdf

follow upload

[ericsbrother]

are the conservatory companu a member of a trade association like the Federation of Master Builders?

If so have they offered to go to arbitration via that trade association?

If not they will get nowhere with a court claim if you bring it to the judge's attention well ahead of time

but head them off at the pass and ask them outright if they are a member

and are they willing to have their behaviour investigated by their trade body?

 

With luck this will be enough to make them step back and actually consider what this is all about

and whether they are now going to compromise especially as you now have a quote for putting their poor workmanship right

and they will be getting the bill for this if they carry on as they are.

[k8mc86]

Hi

 

I can't scan the letter but it says

 

Our client is determined in the extreme to ensure full payment is made and as such unless the above stated sum is received by tuesday 3rd may 2016 we are instructed to issue immediate court proceedings for recovery of debt which will render you liable for further costs'

[dx100uk]

instructed

well a DCA cant take you to court

only the company can...

 

 

load of ole twaddle