My rights when a company goes into Liquidation - please help!

buffness

Hello
Please can someone give me some information

In June 2010, my mom had some double glazing installed into her home by a company called "Hallmark"

However, now that there have been a few problems, she has tried to contact them for help and advise but the company has gone into liquidation.

Her first thoughts was to call the finance company (Barclays Partner Finance) for advice and they are trying to see what they can do as that is who she is paying her monthly installments to.

She then looked through her paperwork and has seen that she took out insurance with a company called the "Consumer Protection Association."

She called them up straight away and they said that they havent received a copy of the insurance policy by the company who installed it (Hallmark)

My mom re-iterated to them that the builder who came and installed the double glazing said that he would take care of that and send the CPA copy to the CPA on her behalf. The lady on the phone at the CPA requested my mom to send the customer copy to her via recorded delivery and she did this.

We have received a letter back from them saying:

"As you are aware the application carries an important notice stating that the application should be mae 28 days of the contract completion."

"Given that your application falls well outside of this date, the scheme insurer requires a signed declaration from yourselves stating that the works are still of the same high standard as when originally carried out by the contractor and that there are no apparent defects at this time."

They have left at the bottom of the letter for my mom to sign to the following:

"I can confirm that the work carried out on our property is still to the same high standard as originally completed with no apparent defects at this time"

Obviously, I have told her not to sign as it and send it back as basically she is agreeing that nothing is wrong. But why would the CPA send this to her when the lady on the telephone was aware that we are receiving problems?!?

I see that the CPA are regulated by the FSA and therefore we can take this complaint to the Financial Ombudsman if need be.

Please can anyone help us as to where to go next and what our rights are.

Many thanks!

The_Pedant

As you appear to have paid at least in part for the windows, the credit provider become jointly liable for the provision of any goods and services you have paid for. As the sale by the sounds was supposed to have included a warranty (after all you have the paperwork) then I would say the credit provider then becomes liable for the provision of the insurance (whether the original company forwarded the policy details to their provider or not).

You were informed that the builder would take care of it (which is often what happens) ... and so I would continue to chase the finance company. They are after all the only people remaining with which your mom presently has an agreement with.

wealdroam

I agree with The Pedant.

For further information on the finance company's obligations, see MSE's Section 75 Refunds article.