Home |
Search |
Today's Posts |
|
UK diy (uk.d-i-y) For the discussion of all topics related to diy (do-it-yourself) in the UK. All levels of experience and proficency are welcome to join in to ask questions or offer solutions. |
Reply |
|
LinkBack | Thread Tools | Display Modes |
#1
Posted to uk.d-i-y
|
|||
|
|||
Leak in conservatory
Hi there,
I bought a conservatory from Camelot Conservatories based in Kent/Essex 6 months ago (please be advised never to use this company as you will soon see!). Anyway I desperately need some advice. The conservatory is leaking from the roof, in several places that seems to run in from the joins in the roof panels. The roof is poly-carbonate with 2 skylights in it. The company do not give a sh!t whether our roof gets fixed - all they do is send some idiot round (12 times now!) with a mastic gun who applies even more silicon but this is not solving the issue. What we need is what can we do about this. Can we force them to fix the issue - I do not really want to take legal action due to the obvious costs we will incur, however we still do not have a floor or furniture down as we never know when the next leak will develop Also any idea on what needs to actually be done to fix the roof? Initially we thought the panels might be too small but we are not sure? Does anyone else have this problem or has solved something like this?? Thanks for your help, Rob |
#2
Posted to uk.d-i-y
|
|||
|
|||
Leak in conservatory
On 2006-10-14 09:02:14 +0100, "Rob" said:
Hi there, I bought a conservatory from Camelot Conservatories based in Kent/Essex 6 months ago (please be advised never to use this company as you will soon see!). Anyway I desperately need some advice. The conservatory is leaking from the roof, in several places that seems to run in from the joins in the roof panels. The roof is poly-carbonate with 2 skylights in it. The company do not give a sh!t whether our roof gets fixed - all they do is send some idiot round (12 times now!) with a mastic gun who applies even more silicon but this is not solving the issue. What we need is what can we do about this. Can we force them to fix the issue - I do not really want to take legal action due to the obvious costs we will incur, however we still do not have a floor or furniture down as we never know when the next leak will develop Also any idea on what needs to actually be done to fix the roof? Initially we thought the panels might be too small but we are not sure? Does anyone else have this problem or has solved something like this?? Thanks for your help, Rob A few questions: - Did you buy the conservatory using any form of credit vehicle - eg credit card or finance agreement? - Have you paid all of the money to the supplier? - Have you written to the supplier about the problems? There are several steps that you can take: Firstly, it is important to begin to make sure that there is a documentation trail. This means putting or confirming all discussions with the company in writing and sending them via Special Delivery (about £4 at the post office). Keep the receipts so that you can prove later that letters were delivered if need be. This may also be noticed by the company as your meaning business, but may not be based on the history so far. Take photographs of the problem showing water coming through the roof and on the floor. Include these with the letter. Ask them to provide a proper and permanent solution, asking for their proposal on how they will do this within 14 working days and insisting that works are completed to your satisfaction within 30 days. Indicate that unless this is done, you will take the necessary "further steps" - no need to specifiy that, they can take their own hint. If you have bought the conservatory using credit card or finance vehicle, in full or part, then contact that company, telling them of the problems. Many have departments who will handle this type of complaint with the supplier - the lender is jointly liable with the supplier under the Consumer Credit Act. They would typically rather have a resolution than to be swept into litigation. However, don't withhold from making payments during any dispute because this may violate the credit agreement and affect your credit rating. You don't need to withhold payment to secure your rights anyway. If there is still money directly owing to the conservatory company by you, then you could withhold it and include in your letter that you are doing so until they resolve the problems to your satisfaction. This might prompt them to do nothing and write it off or to threaten legal action against you. That's absolutely fine because they will then be receiving legal advice at their cost which will indicate to them that their position is weak. It is. On your side, all you need to do is to document what is wrong to their solicitors with copies of all correspondence and photographs. That will also indicate to said solicitor that you are not a push over. I used this technique myself quite successfully following a conservatory construction where the contractor had made some collateral damage to the property. The thing *not* to do is to attempt repairs yourself or to use a third party to do so. This would muddy the waters and allow the supplier to wriggle. Ultimately you may be faced with the choice of writing off the problem and spending money elsewhere to get it fixed or to take legal action to force the company to fix the problem properly or settle financially. In terms of what is likely to be wrong, it is going to be one of a few things: - The design of the roof solution isn't fit for purpose and will always/often leak - Manufacturing defects of the components - Pieces left out (e.g. seals) during fitting - Pieces fitted incorrectly - Pieces wrongly sized - Sealers not used when and where they should have been e.g. during fitting of the roof panels Take your choice from the above. If the conservatory was a cheap one then design/manufacturing are candidates. the practical fix is probably that the roof needs to be taken off and properly redone, possibly with new materials. You could also try to identify who the manufacturer is. Some checking might reveal whether they have problems in general. However, don't bring them or allow the supplier to bring them into play. Your contract is with the supplier and installer. In a legal action, tests of reasonableness are applied. For example, if you buy a very low end product and it breaks just outside the warranty you would not get as much of a consideration in compensation as if it were a high end one. The court is more likely to take the view that a higher end product should be better and last longer than a cheap one. However, there are basic issues for fitness for purpose here. Nobody would hold it reasonable that a conservatory would be leaking after installation or in six months, regardless of how cheap it is. It's completely unreasonable that 12 visits should have been made to fix this. Are the leaks always in the same places? Three might be considered reasonable. Ultimately you will be faced with some tough decisions: - Pursue the supplier with legal action. Take legal advice and I am fairly certain that you will find that you have a strong position. Spending £100-150 with a solicitor or contacting Citizen's Advice is worthwhile. The outcome would either likely be that the supplier is required to fix the problem properly or to pay you compensation to get it fixed. - Find another supplier to fix the problem and take the cost yourself. That will be more expensive than the first option and will probably prevent you taking legal action against the original supplier if it fails. - Attempt your own fix. This is apparently the cheapest. However, you don't know what the issue is and have no guarantee of success. Again it would weaken your position to sue the supplier. - Write the whole exercise off and pull the thing down or just use it to grow plants rather than as habitable space. We can conjecture about what the problems might actually be. Unless you were going to do a DIY fix, it doesn't really matter. If you look at the whole thing on a risk/return basis, taking legal action if you can't get quick resolution to your satisfaction from the supplier voluntarily (and I suspect you might not) is by far the best option. You have been far more than reasonable in allowing 12 visits. If their approach was going to work it would have done so long before now. The absolute worst case scenario in taking legal action is that you lose and have to pay all of your own and the supplier's costs. That is very unlikely in the scenario you describe. A visit to a solicitor plus a letter or two to the supplier has a fair chance of getting them to fix the problem properly if it is possible. If, in fact, the design and manufacture is defective, then it could well take pursuing them in the courts to completely replace the whole thing or give you most of your money back (perhaps less the cost of the base works). Either way, after you have done the next round of letters, a visit to solicitor is the lowest cost next step, doesn't prejudice your position and gives you a view on how likely you are to succeed if you pursue the vendor in the courts. Given the circumstances, I wouldn't entertain any of the options on logical, financial and even moral grounds. |
#3
Posted to uk.d-i-y
|
|||
|
|||
Leak in conservatory
"Rob" wrote:
Hi there, I bought a conservatory from Camelot Conservatories based in Kent/Essex 6 months ago (please be advised never to use this company as you will soon see!). Anyway I desperately need some advice. The conservatory is leaking from the roof, in several places that seems to run in from the joins in the roof panels. The roof is poly-carbonate with 2 skylights in it. The company do not give a sh!t whether our roof gets fixed - all they do is send some idiot round (12 times now!) with a mastic gun who applies even more silicon but this is not solving the issue. What we need is what can we do about this. Can we force them to fix the issue - I do not really want to take legal action due to the obvious costs we will incur, however we still do not have a floor or furniture down as we never know when the next leak will develop Also any idea on what needs to actually be done to fix the roof? Initially we thought the panels might be too small but we are not sure? Does anyone else have this problem or has solved something like this?? Thanks for your help, Rob A few suggestions: a letter of complaint to the managing director of Camelot Conservatories, detailing all the leaks and their ineffective attempts to repair, followed by a meeting to insist on proper repair including replacement of roof panels if necessary; advice from Citizens Advice and Trading Standards; estimates for repairs from conservatory repair companies; free initial interview with a solicitor to discuss options; consider small claims court route. If you are not willing to get very tough and assertive in order to get this company to make the roof watertight you might as well just get another company in to repair the roof and then forget about it. Life's short. |
#4
Posted to uk.d-i-y
|
|||
|
|||
Leak in conservatory
Hi Andy,
As a professional in the industry, I am all too aware of the complexities and problems when dealing with companies who are not providing an 'All inclusive Manufacturers Warranty'. Essentially the most frequently offered form of "Guarantee" is an insurance backed version. This means that, apart from the get out clauses, that you'll probably end up dealing with a company completely different to that which carried out the installation i.e. three quotes and the least expensive one gets the job! I realise that it's a bit late now, but many Insurance Backed Guarantees include a clause that indicates Leaks are expected in a conservatory and therefore are not covered. Personally, I would consider legal action or at the very least getting trading standards involved. You may also might consider checking the (if any) professional and impartial organisations that the installer is registered with. These include the GGF, FENSA, The Conservatory Association, The BBA, The BSI etc. Perhaps the installer may consider more appropriate assistance with the intervention of one or more of the above! To anyone else considering a Conservatory, choose one that is properly qualified, has had many years in the industry, manufactures its own product (this does not mean assembles someone else's!), guarantees its own work and product, and has at least registered with the GGF, FENSA, BBA & BSI for some peace of mind. Hope all goes well Andy, Good Luck |
Reply |
Thread Tools | Search this Thread |
Display Modes | |
|
|
Similar Threads | ||||
Thread | Forum | |||
possible gas leak | Home Repair | |||
leaking conservatory - again! | UK diy | |||
Water leak - the saga continues..... | UK diy | |||
Story & Info: Slab leak pipe repair Melbourne FL Brevard Co | Home Repair | |||
Mystery Bathroom Leak | Home Repair |