Conservatory fitting issue

Davesnave

Furts wrote: »

I wish you well, but there is no guarantee you will achieve a victory.

I wouldn't read over all the posts either! :rotfl:

The simple answer is that the company broke the T&C in the contract, which resulted in us getting something different from what we wanted and originally agreed. There is paper evidence that we were misled and misinformed up to the point of construction. Had they followed their own contract rules, we would have no case.

They declined to make alterations to achieve our desired conservatory without charging over £3k for them, or to estimate a price for the labour, so we deducted the cost they quoted for the alterations, plus a reasonable amount for labour, and accepted what they'd given us.

We agree that the GGF is a toothless organisation, but going to arbitration will take us away from them and into the hands of people who are independent and know consumer law. We had to use the GGF first. We have followed correct procedure to the letter.

If it then turns out the arbitrator sides with the company, fair enough, we'll hand over the money.

However, both sides must agree to use arbitration, so we must first see if the MD is willing......

This is one way to test his bluster.

GrumpyDil

Just wanted to say good luck and good on you for sticking to your guns. It's persuaded me to stick to mine on a smaller issue related to a leaking roof and repair that hasn't worked

Davesnave

GrumpyDil wrote: »

Just wanted to say good luck and good on you for sticking to your guns. It's persuaded me to stick to mine on a smaller issue related to a leaking roof and repair that hasn't worked

Thereby hangs another tale....

I'm not convinced the doors they've fitted are fit for purpose either, but that's a minor point which I don't want to detract from the main thust of our complaint. We've had water in, and none of the wind behind it we often receive at 500'.

Another good reason to hang onto the money, for now!

Best of luck getting yours sorted.

Furts

We are moving out of building land and into legalsville, so I can only add a penny worth here. Over the years I have been involved with Conciliators, Arbitrators, Ombudsmen ... and I have yet to believe there is impartial, unbiased justice available.

You need to reassure yourself on fundamentals. Who is, and how is, the Arbitration being funded? What if it is rigged? How do you then proceed? Plus, do you really believe those names on the GGF list of Arbitrators are really independent? They might be if you picked your own person, and your own quasi legal resolution!

The dice are loaded against you, so how matters pan out depends on the resolute behaviour of the MD. Keep us all posted here!

Davesnave

Furts wrote: »

Keep us all posted here!

It will take a while, I expect, but once we have a resolution, whatever it is, I will post the result.

We may not get a resolution, however, because both sides must agree to accept arbitration.

Who knows? Perhaps we'll have a claim against us in the small claims court instead. I hope so!

Furts

To my mind, this shows what a farce GGF is. Both side agreeing to there needing to be arbitration is a joke. It means GGF are washing their hands of any involvement. It means GGF have no resolution ability. It means GGF have no role to perform. It means why does GGF bother to exist.


CIGA and NHBC are two trade organisations that come in for endless criticism. OK CIGA deserve it, and NHBC are dubious. But at least they both have mechanisms to try to resolve matters, using their staff and their procedures. In addition, consumers know more or less where they stand with these organisations.


With Arbitration you could end up with a total idiot, yet be able to do nothing about this.

Davesnave

Strangely, or perhaps not, the GGF have a new video on their site called "Why Do We Exist?"

Anyway, in the "rare event" of their Conciliation Scheme failing, there is now the alternative dispute resolution scheme (ADR) The Glazing Arbitration Scheme (TGAS)

http://www.tgas.org.uk/

phil24_7

As a last resort you can send them a cheque, less what you believe you should have for failing to perform the contract correctly, with full and final payment for all works and see if they bank it. Or better, do a bank transfer and send you bank details along with the note that it is for full and final payment, they will then need to go to the effort of returning your money should they not agree!

Davesnave

phil24_7 wrote: »

As a last resort you can send them a cheque, less what you believe you should have for failing to perform the contract correctly, with full and final payment for all works and see if they bank it.

That's what we did: sent them the the price of the conservatory less the approximate amount they wanted to charge to put it right.... when it was their fault that it was 'wrong.' They banked it.

So, we've left them £4k short.

Now the GGF have gone silent. Our last submission to them wasn't acknowledged. Just before we sent it, they told us our case was unlikely to meet the criteria for submission to arbitration.

We replied that the only way forward for their member would then appear to be via the Small Claims route, where we would be very happy to meet them.

We don't think the company will risk the Small Claims and we don't intend to respond to them if they contact us.

The boot is on the other foot now!

phil24_7

Did you send them a letter saying 'In full and final settlement'?

If not then you have just paid some money towards the outstanding amount!