Cavity wall company demanding money when work not complete

SupremeUK

Hi

I was visited by person selling cavity wall insulation from the company Mark Group.
The lady advised me she was qualified to do a survey and let me know if they could do the job.
I showed the lady around and she confirmed some details about insulating the garage with her supervisor. She drew the house diagram and showed all the walls that would have the cavities filled, including the west facing wall which has a conservatory attached to the house.
The price was £150, and I was asked to sign the contract with the diagram on it, which I did as I needed the work done.

3 weeks later the technical team arrvied (6 hours later than they had confirmed the previous day, and forcing us to take a further ½ leave from work), they did all the walls except for the West facing wall, where the conservatory is. The technical guys explained that they would need to put scaffholding up in order to fill the wall.

The following day, I sent an email to Mark Group, explaining that they had not completed the work as per what was agreed and signed for. I did not hear from them for 6 weeks, until I received a final demand letter from them. I then sent them an letter back asking that they address my email from 6 weeks earlier, and that I am willing and able to pay once the job is complete.

I heard nothing for a further 2 weeks and was sent a letter by Eco Joules, apologising for incorrectly surveying my property.
A further week after the apology letter, I received another request for payment from Mark Group, stating that I had been in contact with Eco Joules and that the matter had been resolved (which is untrue as I've not discussed anything with them, and in addition to that, I do not want an apology, I want the work completed).

I sent a letter back to Mark Group advising all the problems that this job had caused and that I'm not willing to pay them until the job had been completed.
They then sent me a letter stating that according to the contract, point 3.2:
"The company reserves the right to make any changes to the specification which are required to conform with any legal requirements or to safely install the goods and carry out the services, or to reflect essential changes in technical specification arising after initial survey, in such cercumstances, the price of the goods and services may increase"

So my question is should I pay the invoice or should I hold them to account for the diagram and acknowledgement from them that there was a conservatory and they survey should have reflected that. If they had informed me before, I could have made an informed decision, but now I am left with a half complete job.

I would greatly appreciate any advice, as it would seem I am not the only person having many serious problems with Mark Group, and my personal recommendation is not to deal with Mark Group.
(Search google.co.uk for don't use mark group")

Thanks for reading the long post

shaun_from_Africa

"The company reserves the right to make any changes to the specification which are required to conform with any legal requirements or to safely install the goods and carry out the services, or to reflect essential changes in technical specification arising after initial survey, in such cercumstances, the price of the goods and services may increase"

So if they make any changes because of safety or legal reasons and these changes cause the price to increase then they will charge more.
By the same reasoning, if they make changes that lower the price (as in your case), then surely they should then charge less for the job.

As to the changes due to "technical specification arising after initial survey", the only changes are due to their surveyor not doing their job correctly and realising the need for scaffolding.

Personally, I would refuse to pay any more and tell them that the 2 options are for them to complete the job at the agreed price, or to lower the price to reflect the unfinished job.

CapJ

I'm a little confused here. Was the lady who surveyed the house the same one who you signed the contract with? It seems to me that they are trying to claim two different companies, but if the same person did the survey and agreed the contract at the same time I think they will struggle.

In the end they have done the work so you will probably need to pay them something. If they have done 3/4 of the work the logical thing would be to pay them 3/4 of 150. If you pay them, make sure it is in full and final settlement.

The contract clause doesn't sound enforceable to me as it is way too wide, but I am not really qualified to commment.

zaax

Tell them they have not completed to contract. Actully a 'contract'
like that is not a contract - you will need to speak to a contact expert.

Do you have legal advice on your Household / car / union etc?

vax2002

I would say if you want the money, finish the job, not rocket science is it ?

SupremeUK

Hi

Thanks for your responses.
@CapJ : Yes, the lady I signed the contract with worked for "Eco Joules" company. Mark Group are now saying that it's not their problem but rather Eco Joules who made the error, but the contract I signed has Mark Group logo.

@Shawn : It does seem very wide and biased in the favour of the supplier to me. Why even offer a survey in the first place if they can't be held to account for it.

As far as their letters go, they expect me to pay, as they have apologised for their mistakes. I believe this to be a business transaction, I don't want apologies, I want the work completed?

I am willing to pay them for the work they did do, but they have declined this offer and said that the entire amount is due.

Thanks

zaax

Tell them they have not completed to contract. Actully a 'contract'
like that is not a contract - you will need to speak to a contact expert.

Do you have legal advice on your Household / car / union etc?

SupremeUK

@ Zaax : I don't believe I have that cover in my house and contents insurance.

SupremeUK

You do raise a good point Zaax, does it even constitute a contract if the information which I based my decision on was given to me incorrectly?

SupremeUK

Today I received a letter from Mark Group saying that if I do not pay in 7 days, they will be handing the matter over to their solicitors, and all expenses that their solicitors incur will be for my account.

Do you think I should just pay to get rid of the hassle or do you believe I have a strong enough case to present before a magistrate to decide?

Thanks

sarahg1969

SupremeUK wrote: »

Today I received a letter from Mark Group saying that if I do not pay in 7 days, they will be handing the matter over to their solicitors, and all expenses that their solicitors incur will be for my account.

Do you think I should just pay to get rid of the hassle or do you believe I have a strong enough case to present before a magistrate to decide?

Thanks

The matter would not go before magistrates. It is a civil matter, and would be dealt with by the county court. They would only be able to claim a fix amount for their solicitors' costs in a case like this.

Might be worth seeing if a local solicitor does a free half hour to provide you with some advice.