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Ok purchased a block paving driveway from a company called Great Northern Home Improvments, using finance provided by British Credit TRust. The drive was installed on 30th June 2006 and started to develop ruts from car wheels in October - letter sent in November follwed by lots of phone calls and promises from them that they would hnour the guarantee they gave us to remedy it free of charge. This guarantee runs out on 30th June and I think they are stalling to get out fo doing it - so I am going to take legal action against them.

 

Does anyone have any experience with this sort of area - and if so what can I actually claim from them. Can I claim a refund or just demand they redo the work at no cost - can I extend the guarantee due to them screwing around?

 

Can I refuse to pay the finance for it and indeed also hold the finance company partly at fault due to there business association with this company?

 

Any help greatly appreciated - especially with reagrds to templates etc and precednts that I can use in my favour. :D

:eek:ABBEY

Data Protection Act request complied with within 40 Days and no £10 charge..

31/01/07 Prelim Letter sent with schedule of charges.

19/02/07 LBA Sent with schedule of charges

08/03/07 MCOL started

09/03/07 £160 GOGW payment into account

23/07/07 Court Date set for 10/10/07

02/08/07 CPR Part 18 Request Submitted

10/08/07 Stay requested by Abbey :mad:

20/08/07 Claim Stayed by District Judge :mad:

:eek:HSBC

02/02/07 S.A.R - (Subject Access Request) Letter sent

22/02/07 Statements received and again no £10 charge...."happy to provide at their cost"

26/02/07 Prelim Letter to be sent with schedule of charges.

12/03/07 LBA sent with schedule of charges

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I believe the loan may well be a separate issue and not tied in with the driveway. What you describe as a fault is fairly common, and unless the entire drive has granite-chip foundations, the problem will always re-occur unless the sub-soil is strong to support the load - which almost never occurs on flood plains and the like.

 

Why not threaten them with action, and copy in the finance company so that the builders know you mean business. Any work they do will eventually need to be redone unless they strengthen the driveway section, not simply re-pack it with sand to make it level.

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they used 8 1 tonne bags of dolomite for the foundations and compacted it very well, we are not on a flood plain though but do have clay soil so that is prob the problem anyway ie lack of drainage. Gonna send them a letter threatening legal action and see what happens.

:eek:ABBEY

Data Protection Act request complied with within 40 Days and no £10 charge..

31/01/07 Prelim Letter sent with schedule of charges.

19/02/07 LBA Sent with schedule of charges

08/03/07 MCOL started

09/03/07 £160 GOGW payment into account

23/07/07 Court Date set for 10/10/07

02/08/07 CPR Part 18 Request Submitted

10/08/07 Stay requested by Abbey :mad:

20/08/07 Claim Stayed by District Judge :mad:

:eek:HSBC

02/02/07 S.A.R - (Subject Access Request) Letter sent

22/02/07 Statements received and again no £10 charge...."happy to provide at their cost"

26/02/07 Prelim Letter to be sent with schedule of charges.

12/03/07 LBA sent with schedule of charges

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Share on other sites

I own my own building company, can you give me an idea how many square metres of driveway they have laid.

 

Eight One Tonne bags may not be enough based on the area laid.

 

As your area is predominantly clay then they should have also have used a speration membrane layer between the sub base and the clay. This stops the sub base sinking into the soft clay by seperation. They may also not have excavated down deep enough based on the ground being clay.

 

Did they install a drainage channel against the house if the paving butts up to it.

 

The layers are:

 

Site base - in your case clay

 

Membrane

 

150mm - Sub base well compacted

 

50mm bedding sand.

 

Blocks.

 

One 1 tonne bag of sub base will cover roughly no more that 1.5 sq metres. from what you said, ie. 8 bags, I assume your driveway laid was 12 sq metres.

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I own my own building company, can you give me an idea how many square metres of driveway they have laid.

 

Eight One Tonne bags may not be enough based on the area laid.

 

As your area is predominantly clay then they should have also have used a speration membrane layer between the sub base and the clay. This stops the sub base sinking into the soft clay by seperation. They may also not have excavated down deep enough based on the ground being clay.

 

Did they install a drainage channel against the house if the paving butts up to it. not upto the house

 

The layers are:

 

Site base - in your case clay

 

Membrane - dont believe they laid one all i saw was lots of bags of sand, 8 bags dolomite, the sand to go between the blocks and the blocks themselves.

 

150mm - Sub base well compacted - they said 12 inches deep

 

50mm bedding sand. there was plenty of sand but was not there when they laid it.

 

Blocks.

 

One 1 tonne bag of sub base will cover roughly no more that 1.5 sq metres. from what you said, ie. 8 bags, I assume your driveway laid was 12 sq metres.

will get back to you on that one tomz

:eek:ABBEY

Data Protection Act request complied with within 40 Days and no £10 charge..

31/01/07 Prelim Letter sent with schedule of charges.

19/02/07 LBA Sent with schedule of charges

08/03/07 MCOL started

09/03/07 £160 GOGW payment into account

23/07/07 Court Date set for 10/10/07

02/08/07 CPR Part 18 Request Submitted

10/08/07 Stay requested by Abbey :mad:

20/08/07 Claim Stayed by District Judge :mad:

:eek:HSBC

02/02/07 S.A.R - (Subject Access Request) Letter sent

22/02/07 Statements received and again no £10 charge...."happy to provide at their cost"

26/02/07 Prelim Letter to be sent with schedule of charges.

12/03/07 LBA sent with schedule of charges

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Share on other sites

rough measurement its raining so can't be bothered to get tape out lol approx 3m x 7m

:eek:ABBEY

Data Protection Act request complied with within 40 Days and no £10 charge..

31/01/07 Prelim Letter sent with schedule of charges.

19/02/07 LBA Sent with schedule of charges

08/03/07 MCOL started

09/03/07 £160 GOGW payment into account

23/07/07 Court Date set for 10/10/07

02/08/07 CPR Part 18 Request Submitted

10/08/07 Stay requested by Abbey :mad:

20/08/07 Claim Stayed by District Judge :mad:

:eek:HSBC

02/02/07 S.A.R - (Subject Access Request) Letter sent

22/02/07 Statements received and again no £10 charge...."happy to provide at their cost"

26/02/07 Prelim Letter to be sent with schedule of charges.

12/03/07 LBA sent with schedule of charges

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Share on other sites

rough measurement its raining so can't be bothered to get tape out lol approx 3m x 7m

 

Based on that you have 21 sq metres of paving so in my view not enough sub-base has been laid.

 

They needed a minimum of 14 one tonne bags of Crusher (dolomite).

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  • 1 month later...

right have sent an lba today to the company that built my drive, they have not responded at all to phone calls or letters apart from to say they will send someone out to fix it - the guarantee has now run out on the wrokmanship, another year on materials.

 

Have threatened legal action in 14 days. My aim is to gain judgement in my favour or either of the following 1. they fix the drive and reinstate the guarantee or 2. They give me the ammount of money to settle the finance agreement and also damages to repair the drive.

 

Now all I need to know is how do I go about writing that one up? Is there any legal precedents that I can use in my claim?

:eek:ABBEY

Data Protection Act request complied with within 40 Days and no £10 charge..

31/01/07 Prelim Letter sent with schedule of charges.

19/02/07 LBA Sent with schedule of charges

08/03/07 MCOL started

09/03/07 £160 GOGW payment into account

23/07/07 Court Date set for 10/10/07

02/08/07 CPR Part 18 Request Submitted

10/08/07 Stay requested by Abbey :mad:

20/08/07 Claim Stayed by District Judge :mad:

:eek:HSBC

02/02/07 S.A.R - (Subject Access Request) Letter sent

22/02/07 Statements received and again no £10 charge...."happy to provide at their cost"

26/02/07 Prelim Letter to be sent with schedule of charges.

12/03/07 LBA sent with schedule of charges

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I don;y see a claim for settling the finance AND repairing the drive being successful. Basically you are pursuing them for consequential loss, so you could reasonably claim one or the other, but not both, as this would put you in a better position that in no fault occurred. However, you could try to involve the finance house as an interested party, suing them BOTH (as a useful workaround)!

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UPDATE

 

The managing director of the company rang me today practically bricking it after receiving my LBA lol. Sending builders out on Saturday to assess the damage and do appropriate repairs - made up some cock and bull story about losing my phone number - but if it has had the right effect so bloody what!!!!

:eek:ABBEY

Data Protection Act request complied with within 40 Days and no £10 charge..

31/01/07 Prelim Letter sent with schedule of charges.

19/02/07 LBA Sent with schedule of charges

08/03/07 MCOL started

09/03/07 £160 GOGW payment into account

23/07/07 Court Date set for 10/10/07

02/08/07 CPR Part 18 Request Submitted

10/08/07 Stay requested by Abbey :mad:

20/08/07 Claim Stayed by District Judge :mad:

:eek:HSBC

02/02/07 S.A.R - (Subject Access Request) Letter sent

22/02/07 Statements received and again no £10 charge...."happy to provide at their cost"

26/02/07 Prelim Letter to be sent with schedule of charges.

12/03/07 LBA sent with schedule of charges

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Share on other sites

Right they have been out and lifted the whole lot up and have redone the drive properly - I hope lol.

 

It looks great and didn't cost me anything - so as far as I am concerned job done - and all it took was being stern with them and threatening legal action and telling the papers!!!! Fair do's I know it won't work for everyone, but in my case it has and I am happy.

:eek:ABBEY

Data Protection Act request complied with within 40 Days and no £10 charge..

31/01/07 Prelim Letter sent with schedule of charges.

19/02/07 LBA Sent with schedule of charges

08/03/07 MCOL started

09/03/07 £160 GOGW payment into account

23/07/07 Court Date set for 10/10/07

02/08/07 CPR Part 18 Request Submitted

10/08/07 Stay requested by Abbey :mad:

20/08/07 Claim Stayed by District Judge :mad:

:eek:HSBC

02/02/07 S.A.R - (Subject Access Request) Letter sent

22/02/07 Statements received and again no £10 charge...."happy to provide at their cost"

26/02/07 Prelim Letter to be sent with schedule of charges.

12/03/07 LBA sent with schedule of charges

Link to post
Share on other sites

yes it did becuase it spurred me on to use the argument that they had not laid enough foundations from the outset. Thanx for the help anyway like I say time will tell if it has been resolved or not......

:eek:ABBEY

Data Protection Act request complied with within 40 Days and no £10 charge..

31/01/07 Prelim Letter sent with schedule of charges.

19/02/07 LBA Sent with schedule of charges

08/03/07 MCOL started

09/03/07 £160 GOGW payment into account

23/07/07 Court Date set for 10/10/07

02/08/07 CPR Part 18 Request Submitted

10/08/07 Stay requested by Abbey :mad:

20/08/07 Claim Stayed by District Judge :mad:

:eek:HSBC

02/02/07 S.A.R - (Subject Access Request) Letter sent

22/02/07 Statements received and again no £10 charge...."happy to provide at their cost"

26/02/07 Prelim Letter to be sent with schedule of charges.

12/03/07 LBA sent with schedule of charges

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