Aquashield Reclaim

warwick2001

Well, after another month going by with no contact, there is very little to report. Consumer Reclaim did state that it would be the end of March before anything would be decided, so I guess I should hear from them in a couple of weeks.

Still thinking I should have sorted this out myself. Still, you live and learn....

I will update in a few weeks, hopefully with some actual news

magpiecottage

smitchy73 wrote: »

Still waiting on final decision letter, but this will be with me in the next two weeks, I've spoken to the FOS who have taken note of it, and given me a reference number, as soon as I receive the letter to send it, along with my paperwork to them for them to investigate.
They still insist on the limitations act, even though I'm saying to them that the CCA doesn't have a limit of time on it, nor is it a Court we're in or taking it too, but they don't seem to see it this way.
The FOS were definitely interested in the story, so lets hope for the letter to be in soon, so that I can get it away.

The FOS telephone team are notorious for telling you what you want to hear.

TBH, if I were you I would go straight to FOS now. It is more than 8 weeks since you complained so they are out of time.

smitchy73

I finally got a reply yesterday but never got round to posting on here.
I got a success at last but due to a whisper clause I can't discuss anything.
Thanks for all your help and advice and if I can help anyone i'll certainly try, all I can say is, that if you feel positive about it that you are in the right and you have the argument and the rules behind you and supporting you, then I think that is all that is needed. OH and patience.

smitchy73

warwick2001 wrote: »

Well, after another month going by with no contact, there is very little to report. Consumer Reclaim did state that it would be the end of March before anything would be decided, so I guess I should hear from them in a couple of weeks.

Still thinking I should have sorted this out myself. Still, you live and learn....

I will update in a few weeks, hopefully with some actual news

I'd write to them just after the end of March and ask them for a response within 7 days or you'll look into the matter yourself, I don't think there is any reason why it should take so long, I know mines took long enough but that was back and forward arguing about the situation, and not being supplied with a final decision to go to FOS, although I should've went to them sooner I guess.


Not sure of the legality of pulling out of the contract that you may have signed with them, but definitely worth checking, plus I don't know if any court would uphold a lawsuit from one of these reclaim companies for subsequently claiming against the company yourself and getting somewhere against them having done nothing.


Maybe others can advise differently

warwick2001

smitchy73 wrote: »

I'd write to them just after the end of March and ask them for a response within 7 days or you'll look into the matter yourself, I don't think there is any reason why it should take so long, I know mines took long enough but that was back and forward arguing about the situation, and not being supplied with a final decision to go to FOS, although I should've went to them sooner I guess.


Not sure of the legality of pulling out of the contract that you may have signed with them, but definitely worth checking, plus I don't know if any court would uphold a lawsuit from one of these reclaim companies for subsequently claiming against the company yourself and getting somewhere against them having done nothing.


Maybe others can advise differently

Thanks for the comments. To be honest, I've wanted to pull out for a while now, as I now know I could complain myself. However, as it would be me breaking the contract, I'm not sure how much I would end up owing Consumer Reclaim. No doubt it would be something like £200 per letter they sent, and then solicitors fee's etc etc (even if they havent used them, I dare say I'd still be charged).

The other issue I can foresee is that if I pull out, Hitachi Capital (who the complaint is against) might see it as abit odd, as my name will have already made a complaint, cancelled that complaint, and then made another complaint, if you see what I mean.

Like you say, I dont know, legally, where I stand with this. If anyone has any advice, that would be great

Many thanks

warwick2001

Got a letter form Consumer Reclaim today. This is it in its full glory:


"RE:Your Claim against Hitachi Finance


We write with an update on your claim


Our lawyers met with Hitachi's lawyers on 13 March 2014 in an attempt to bring our Aquashield claims to a resolution. Whilst no resolution was agreed, the meeting was nevertheless positive in that Hitachi's lawyers brought little to the table by way of any defence to the claims.


It was agreed at the meeting that Hitachi will select a random sample of one hundred claims for which they will request further information. We are strongly of the opinion tat we have supplied Hitachi with sufficient evidence to fully substantiate all claims, but as to appease Hitachi we have agreed to provide them with the additional information requested.


If you do not hear from us within the next few weeks then you will not be one of the hundred claims that have been selected, in which case there will be ne need for you to provide any more information for the time being, unless this has previously been requested from you.


We expect it to take at least three months for information to be gathered and assessed by both parties and for us to hopefully come to agreement on settling these claims for an acceptable amount.


We are hoping that once a settlement is agreed on the initial hundred claims that we will be able to agree settlements on all claims in a swift and efficient manner without any need for further delays.


We will of course update you further as soon as we are in a position to do so.


We thank you for your patience"




So, Consumer Reclaim are appearing to do something, and it would appear that Hitachi are playing hardball (understandably). Shame its going to take another 3 months, as that will make it a 9 month complaint process. Good job the weather is nice (for a change), so hopefully the leak wont get any worse before its all sorted out.


Anyway, that's about it for now. Further updates as I get them

Ninja750

Hi, we are still in discussion with Hitachi Finance, despite my last letter asking for a reply within 14 days, they took a month and have now asked for information which has already been sent to them. They seem to be delaying for as long as possible. I haven't ben in touch with FOS yet.

[Deleted User]

Ninja750 wrote: »

despite my last letter asking for a reply within 14 days, they took a month

You cannot specify the time they have to reply. They have eight weeks to consider any complaint.

magpiecottage

Moneyineptitude wrote: »

You cannot specify the time they have to reply. They have eight weeks to consider any complaint.

Given that Ninja750 originally said they would start the process in December, I suspect the 8 week limit has ended now.

If FOS take it on then it is unlikely that a gagging clause would be allowed. If an Ombudsman (as opposed to an adjudicator) upheld it then FOS would actually publish the decision itself, naming the firm but not the complainant.

It all takes time but Ninja750 would be awarded interest if successful.

sd1

smitchy73 wrote: »

I finally got a reply yesterday but never got round to posting on here.
I got a success at last but due to a whisper clause I can't discuss anything.
Thanks for all your help and advice and if I can help anyone i'll certainly try, all I can say is, that if you feel positive about it that you are in the right and you have the argument and the rules behind you and supporting you, then I think that is all that is needed. OH and patience.

Hi just looking for some help and advice. I too have had a letter from GE saying they are not legally obliged to refund any monies but they will offer remedial works i.e. clear moss, apply fungicidal solution prior to applying 1 coat of aqua coating. They have also offered me a small goodwill gesture due to me complaining about the time scale of them getting back to me. I am not happy with this. I do not see the point of remedial work which sounds the same as the rubbish I was sold in the first place which will only last a few years again then have to be redone. They said their work will be covered for 6 years but what happens after 6 years? Im left with a dodgy roof and still out of pocket. I have already said to them that I am making a claim due to the product being missold and misrepresented and I have previously sent them all the sales documents I received. Any advice as to where I go from here? Do I go back to GE to refuse and state my claim again or do I go to FOS? How did you end up getting a good result? I dont know how they can offer some people money and then fob others off with remedial work but I dont know what else I can say to them to make them change their decision???