Timber Frame extension - paid for on credit card - now want to cancel

*jobags*

Any help greatly appreciated
We are in the middle of trying to get a timber frame extension - although are in the process of abandoning the project and going for a traditional masonry one instead.
We contacted a company late last year and agreed a design and a contract paying a £3500 deposit on our credit card in December 2007
In March 2008 we made another payment of around £4200
Payments are broken down in various ways, the full cost is around £16,000 plus erection costs and VAT

Professional fees - drawings, building regs etc
Supply of Kit
Erection of kit


We obtained planning permission on agreed drawings on 21st July
On 5th August they finally (after several requests) arranged a site visit and they measured up etc
In the meantime we were preparing the site in accordance with the contract - foundations up to DPC, soleplate for the timber frame to sit on etc

They then contacted us via letter on 1st Sept with drawings essentially informing us they had changed the design which we had to agree to
The design changes include removing the half the front external walls at first floor level, the whole external side wall at first floor level and half the external rear wall at first floor level (its a 3 sided extension and we live in a 30's semi).
They also want most of the internal walls removing at first floor level and half the roof - including trusses, joists etc

Effectively we have to "shave off" half of our house in preparation for their arrival

Had they told us about this at the outset there is no way we would have agreed to go ahead with this work

We have rejected their design changes but they are pressing on regardless and have told us they will try to keep our additional costs to a minimum.
Unfortunately in order to meet their requirements we will need a full "tin hat scaffolding" (£7500 plus VAT), Removal and storage of carpets and household contents, hotel accomodation for us and our 3 children under 5.

We had anticipated the would erect the extension and then knock through but they are insisting that all the "knocking through" is done prior to them coming on site

We have also, as part of the initial payments agred that they would do the building regs application (cost £1400) and although they said (verbally to our structural surveyor) they have done this in August there is no record at either our council or the council where they claim to have made the building regs application. As we had agreed a site date of 22nd September and we had to prepare foundations etc beforehand we eventually made our building regs application ourselves in early September

They are obviously not on site as they are still working to designs which we will not agree and we have no agreed site date

Communication is dreadful - most of it is by e mail and there are many unanswered e mails
Telephone messages are largely unanswered or are delegated down to a more junior member of staff
Post is late - held up in the sorting office because of inadequate postage payment at their end (our surveyor has also commented in writing to them about this)

It appears they have little experience of domestic extensions - probably more of the "Grand Design" type of a detatched house in the middle of a field! and have given our work a lowly priority and it also appears to the office junior.
They probably didn't have a professional engineer/designer sit down and look at it until late August when they were planning to come on site

We have now completely lost confidence in them now do not want them anywhere near our home

We contacted them about cancelling the contract but they said if we do they want the full costs of the job (another £8000) but will not charge us for the erection except for the deposit we paid.

What are our chances of getting out of this
a) without having to pay any more
b) possibly getting some money which we have paid back - including costs of our structural surveyor calculating loadings for timber frame etc
c) obtaining redress via our credit card company - although we are out of the 120 day limit we understand it is 120 days when it became obvious the service was not going to be provided - in our case the extension in accordance with our original contract until 1st Sept when they changed the design.


We have completed our 1st stage complaint in accordance wth their complaint proceedure (ISO 9001) but we are wondering at what stge we should inform the credit card company in accordance with S75 of the CCA 1974

Any advice very gratefully received - sorry this is a very long post but I hope it covers the main points

Jo

buyitall

Sorry I can't offer any advice, but you might find the 'in my Home' board helpful:
http://forums.moneysavingexpert.com/forumdisplay.html?s=&daysprune=&f=39

unrich

Think you need a solicitor not a forum.
Good luck.

*jobags*

Sorry - perhaps should have made myself clearer
We have seen a Solicitor and he has advised us to go down the complaints route before embarking upon the legal route - which makes sense.

We forgot to mention to him though that we had made the payments on our credit card (to get the points mainly)

I was wondering more about the credit card issues - is it too late to ask the credit card company to get involved as it is more than 120 days since the transaction but less than 120 days since we became aware that we are receiving a poor service and not in accordance with the contract we signed up for and have made payments on our credit card

Anyone out there have any experience of Section 75 of the Consumer Credit Act 1974?

Jo

cadmus

unrich wrote: »

Think you need a solicitor not a forum.
Good luck.

my thoughts too. all the best anyway as i can only imagine it must be most stressing for you all .