Help please with a faulty product/service??

SFW234 · 13 March 2015 at 9:38PM

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unholyangel · 13 March 2015 at 11:13PM

First, decide on what course of action you're going for. Personally if you're happy with the design of the shed and structurally its still okay, I'd go with the repair option and then chase the retailer for the cost of the repair. That way you don't have to wait around on them collecting the shed and then reordering a new one. You can get it repaired, insulated and whatever else you want.

Remember to send them a letter before action before starting proceedings against them. Keep it simple, to the point and refrain from using emotional phrasing (such as being disappointed or upset).

One point I would make....was the march-september more than 6 months? Or less? If it was more, you will likely need an independent report stating the nature of the fault is inherent (rather than natural/misuse). If less than 6 months, its up to them to prove its not faulty.

Also, if you paid for it via credit card and it was more than £100, you can start a section 75 claim against the credit provider (which makes the credit provider jointly and severally liable - meaning you have the same rights with them as you do the retailer).

wealdroam · 13 March 2015 at 11:36PM

unholyangel wrote: »

Also, if you paid for it via credit card and it was more than £100, you can start a section 75 claim against the credit provider (which makes the credit provider jointly and severally liable - meaning you have the same rights with them as you do the retailer).

In the OP's previous thread he told us:

SFW234 wrote: »

I paid half with paypal and half with cash now I remember but is it to late for paypal to help, shed was erected in march?

(not sure that starting a new thread was a good idea)

OP, as Unholyangel says, send a Letter Before Action.
This CAB webpage may help with that.

While you are waiting for the seller's response, have a read of MSE's Small Claims Court guide.

SFW234 · 14 March 2015 at 12:25AM

Hello thank you for the response unholyangel, sorry it was difficult to remember everything to write down in the original post.

I contacted paypal who say they cannot help at all due to the time frame elapsed.

I paid the deposit via paypal and the rest cash in hand.

The trader isn't interested in paying at all whether it for repair or otherwise sadly.

I wrote the letter but ending up sending it via online (have copies of all messages to show this) as it was about Christmas time and I was worried it wouldn't get there, it didn't make a bit of difference to the situation at all but yes I should have stuck to my word then and gone and sought legal action

The time frame was between 6-7months before issues became obvious to me this was only because the weather was so dry so it was only when the weather took a turn for the worst I realised something was badly wrong.

I have had a few professionals come and give their view but up until now haven't had it written down but that is something I am in the process of doing, getting a professionals view on paper.

I shall look into the section 75 claim as that's not something I have explored or heard of thank you!

unholyangel · 14 March 2015 at 12:37AM

SFW234 wrote: »

Hello thank you for the response unholyangel, sorry it was difficult to remember everything to write down in the original post.

I contacted paypal who say they cannot help at all due to the time frame elapsed.

I paid the deposit via paypal and the rest cash in hand.

The trader isn't interested in paying at all whether it for repair or otherwise sadly.

I wrote the letter but ending up sending it via online (have copies of all messages to show this) as it was about Christmas time and I was worried it wouldn't get there, it didn't make a bit of difference to the situation at all but yes I should have stuck to my word then and gone and sought legal action

The time frame was between 6-7months before issues became obvious to me this was only because the weather was so dry so it was only when the weather took a turn for the worst I realised something was badly wrong.

I have had a few professionals come and give their view but up until now haven't had it written down but that is something I am in the process of doing, getting a professionals view on paper.

I shall look into the section 75 claim as that's not something I have explored or heard of thank you!

Section 75 likely wont be useful in this situation - as paypal usually breaks the required consumer > creditor > retailer chain into consumer > creditor > paypal > retailer. And even if it succeeds, its essentially against paypal and there have been stories of people being chased by debt collectors on paypals behalf.

Send a letter before action by regular post - get proof of posting though. Include a copy of the written statements by the other professionals and also copies of cost of repair.

If they still wont pay up, your only option to possibly get money back would be court.

SFW234 · 14 March 2015 at 12:40AM

Thank you for your help, I have just of yesterday began small court proceedings, I felt Id explored all other avenues and was backed into a corner

I was just curious as to other view points/ help/ further advice on where to go from here and what to expect really.

SFW234 · 31 March 2015 at 10:38PM

Hello

Just to update and ask your viewpoint again!!

Tomorrow I will request judgement on my claim as the person hasnt gotten in touch in anyway in the given time scale.

I am wondering what is judgement and what I can expect now?

wealdroam · 31 March 2015 at 10:49PM

Did you send a letter before action?

Did you read the small claims court guide mentioned in post #3?

SFW234 · 31 March 2015 at 11:03PM

Yes and yes, but I find it all pretty confusing but shall have another read through now

bod1467 · 1 April 2015 at 8:34AM

Why have you disrespected the people who tried to help you by deleting your OP?

wealdroam · 1 April 2015 at 2:26PM

For those that missed it, here it is again:

SFW234 wrote: »

Hello I have posted about this issue once before but felt making a new thread to update would be clearer.

Here is a brief summery

Last March I had a small company build a shed for me, for it to be water tight was a priority of mine and I was assured It was

After a very dry/hot summer fast forward to September a few rain showers and the water was oozing in really badly, carpets /rugs have had to be binned and items have turned green from mould in there

After contacting the trader, they said they'd sort it and then weeks and weeks went by with nothing

After numerous messages they came to look at it, they have come to look at it a further twice since then over the course of 5-6months and the issue clearly isn't resolved in the slightest just getting worse and Im at my wits end.

I explored every avenue to try get this resolved, I gave the trader ample chances to come and fix the issue. Ive been very fair
I asked for a part refund to cover me getting professional repair done which the trader agreed to then when I told them it would cost £150 said no they'd do it themselves
I got a professional to look at it and give their view as well as other people in a similar trade
I asked for a full refund and for them to take the shed back so I can get a new one
I asked for a replacement shed

All were responded with no, it was a simple job to fix which would cost very very little.

The issue has never been resolved and Ive basically paid for a sponge not a shed. Its a mess in the bad weather, the rain is coming in everywhere.

Ive been in touch with consumer advice for a long while on this matter and I realise I should have started small court proceedings before now but the trader kept reassuring me it would be sorted and I was welcome to contact trading stsnards but they couldn't refund as bank account was empty due to no work (baring in mind long delays in replying where put down to being to hectic with work!!)

Now as time has gone on they have just ignored my phone calls/messages etc, hang me on as long as they could and finally responded and are putting the fault to me wiping their hands of it saying 'its the lawn that's making It wet' 'its just condensation' 'sheds are naturally dark and damp' ' it looked fine when I last came' I don't think a refund is needed because of one faulty window' 'you didn't have an issue with it to begin with' basically saying 'tough luck'

None of these statements are true, the grass is no where near to affect the shed, it was never an issue of just 1 faulty window it was clear water is coming in at various places, professionals have said the over lap design is very clearly letting water seep in easily. Its clearly not condensation, its excessive rain water seeping in. I didn't need to contact for a few months due to the dry weather we had.

I feel so so frustrated, I have carpet I cannot fit, I want to insulate, I cannot. Its just been nothing but problems.

I have now finally as a last resort started small claims proceedings as I feel totally let down and have wasted time and obviously money, all this is very new to me and daunting. I was wondering if you could help me further in any way, what I can expect from here on and what I should do to help my cause? if theres anyone else I can contact for help/to help me though it. Ive never needed to do small claims before now but I am very determined to learn as much as I possibly can and with the help of family I will go as far as I possibly can with this.

I have hundred of photos of the shed, of messages exchanged.

Im not sure if theres anything else I need to be aware of/what to do now. Thank you so much in advance.

Help please with a faulty product/service??

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