Double Glazing Company in admin/liquidation /job unfinished / they're claiming money!

cliffo_2

Hoping someone on here can help!

In December 2007, a well known local double glazing company came to fit my new windows. They didn't finish the job, fitting the wrong (non locking) handles to the windows, leaving some windows unable to shut at all, a cracked window sill, unfinished carpet cutting, and a delightful mark on my upstairs book case.

I had a bill through for approx £6,000 and I called them to say the job wasn't finished. I was informed by their Installations Manager that they were just awaiting delivery of the handles I needed, and I should pay 90% of the bill now, and pay the remainder on completion of the works. I paid £5,000 - after all, the company seemed to be very reputable, and had been trading for a number of years, so you don't think anything's amiss.....

After hearing nothing in Jan 2008 despite chasing and leaving messages, sending emails etc, I recieved a message from the Installations Manager to say that the company had gone in to administration and the Administrator would need to deal with things.

In the summer of 2008, I had a call and an email asking me if I would like the works completed at full cost. I told them where to go, as the issues I had had with quality of work, communication etc, I didn't want them anywhere near my house.

In September 2008 (we are nearly at the end of the saga now, I promise), I had an email exchange with a recovery agency acting on behalf of the administrator, asking for £200 to settle the debt, with none of the problems solved. I went back to him with an offer of £50, and didn't hear a thing.

I have now recieved an email back from the agency apologising for the delay in responding, but saying that they can only accept £200, and if we don't pay it, they are saying that the administrator will "most probably" ask them to issue a county court summons via an online service.

I have checked with the Adminstrator, and the agency are genuine, so they are not online scammers - however, the administrator have said that I have to deal entirely with the agency, and refuse to discuss the issue.

The company is now in liquidation, and amazingly a new company run by the same management team has risen like a pheonix from the flames, with no liability for customers of the old company!

What I am trying to understand here is, have they got me by the "short and curlies"? If it goes to court, I understand that I could end up with a CCJ and a bigger bill than the £200! I don't get any additional completion work for this £200, and the guarantee is no longer valid according to the agency - they have also advised that "a court will most probably look at the guarantee as a contingency, and therefore not an excuse for non-payment".....

So, is there any way out of paying the £200? After all the inconvenience, stress and hassle they have caused me, it should be them paying me!

Any advice would be gratefully recieved!

Halloway

I think you've hit the nail on the head. I think that you either pay the £200 or you start getting solicitors involved, at which point (as you state) it starts to get astronomically expensive. Look at it this way: how much of a solicitor's time do you get for £200? Five-sixths of !!!!!! all, to coin a phrase.

You paid actually only about 83% of the final total bill unless your figures are very approximate. Even with the extra £200 you still haven't paid 90% of the final bill. Perhaps that fact might help to sugar the bitter pill?

ABH_3

cliffo wrote: »

So, is there any way out of paying the £200? After all the inconvenience, stress and hassle they have caused me, it should be them paying me!

Any advice would be gratefully recieved!

Sounds a bit of a mess to me, you've looked up the word 'contingency' I take it? 'an event that may never happen' kind of like them coming back and fulfilling the contract, or even undoing the damage which they inflicted during the course of their work. I would first goto: http://www.consumerdirect.gov.uk who will be happy to help you, or advise you.

On a more personal note, seeing as they've not fulfilled their part of the contract to fully install their product in your home, one would assume without causing further distress or damage that a court would likely rule in your favour.

I suspect where you went wrong is that you essentially acknowledged the debt when you sent that letter back, any 'additional details' you would have included would simply be dismissed as the accountants would be looking quite simply for the 'im not paying that, but i will pay this' so as far as they're concerned, you are withholding payment.

I would stick with consumer direct I think, as anything other than the above I say will possibly just confuse the whole thing.

My advice is: DO attend court, don't just ignore it. If you can, take some photographs with you to prove how little they have done in exchange for the extortionate sum they took off you. Be sure to photograph any damage they have done, take any paperwork or receipts with you to prove how much you paid and the contract they would have supplied before starting work. You may get a piece of form to fill in before the court date where it will ask about you submitting any additional evidence, be sure to fill that in and return it.

HTH

dacouch

If you have Home Insurance, you will probably get free legal advice for the cost of a normal phone call. The tele number is normally on the same page in your policy as the normal claims number

cliffo_2

Thank you to everyone for your advice, it's the first time I've ever used this site and I have to say, to get this many responses so quickly is very kind. I noticed something about people being thanked and it being tallied, if someone can kindly show me how to do it, then i'll gladly thank you all.

In the research I've done since the problem started, this is allegedly the third time the management team there have put the company in to liquidation and then set up another company. I know that next time I will research companies extremely well before appointing them!

The thing I find most frustrating here is that they asked for a large chunk of the invoice up front just a few weeks before the company went in to Administration, and have left us with a substandard, unfinished job - If I'd known this was going to happen, I'd gladly have gone with another company who matched their quote but unforunately sent round a pushy salesman that put me off!

kiddy_guy

By what means did you pay? Credit card - free legal cover?