Conservatory Warranty Not Honoured

scorzonthedawes

Hi folks, would really appreciate some advice on how to proceed here.

We had a small conservatory built just over 10 years ago by those that "fit the best" - you know who I'm referring to. Warranty was 10 years on build, 10 years on roof glazed units and lifetime on windows and door sealed glazed units.

After about 4 years we started to notice some paint bubbling and within another year or two rusty stains on part of the inside wall. This progressively worsened over the following years, they've visited several times under warranty to fix it, they've tried different things, nothing has resolved it, damp keeps coming back, even coming through the replastering work (within about 4 months of them doing it) that they did a year ago after they thought they had finally fixed it.

We've maintained a constant phone and email dialogue with CustServs in recent years but we've found the engineers they've sent to be shoddy and in some cases untrustworthy. They've told us one story to our faces and then written a report for CustServs that is literally the exact opposite.

We are now out of the warranty period and CustServs are seriously trying to avoid sorting it. We contend with them that this is not about the warranty period because this was flagged years before end of warranty and they have never ever fixed the original problem. Their last word is, it's now only a slight damp patch (after a long hot summer, who knew) and that we should be satisfied with that. No further work required.

BTW early on this year in the spring we found that ants had come through the wall (I proved they hadnt got in elsewhere) and were building a nest in the cavity that had formed behind the replastering work they had done. So is it any wonder that water is getting in there!! They seem completely disinterested in this last fact.

How should we proceed. Is it worth trying to appeal directly to someone high up within their organisation, MD, CEO, but it sounds like a corny move to me? We've requested face to face meetings with senior CustServs folk, but they are not keen. Or is this something that we could approach trading standards or an industry watchdog about? Or are we just heading towards trying to take some form of legal action?

Any thoughts and advice from the wise and sage collective would be most welcome.

Cheers

Graham

Aylesbury_Duck

scorzonthedawes wrote: »

Hi folks, would really appreciate some advice on how to proceed here.

We had a small conservatory built just over 10 years ago by those that "fit the best" - you know who I'm referring to. Warranty was 10 years on build, 10 years on roof glazed units and lifetime on windows and door sealed glazed units.

After about 4 years we started to notice some paint bubbling and within another year or two rusty stains on part of the inside wall. This progressively worsened over the following years, they've visited several times under warranty to fix it, they've tried different things, nothing has resolved it, damp keeps coming back, even coming through the replastering work (within about 4 months of them doing it) that they did a year ago after they thought they had finally fixed it.

We've maintained a constant phone and email dialogue with CustServs in recent years but we've found the engineers they've sent to be shoddy and in some cases untrustworthy. They've told us one story to our faces and then written a report for CustServs that is literally the exact opposite.

We are now out of the warranty period and CustServs are seriously trying to avoid sorting it. We contend with them that this is not about the warranty period because this was flagged years before end of warranty and they have never ever fixed the original problem. Their last word is, it's now only a slight damp patch (after a long hot summer, who knew) and that we should be satisfied with that. No further work required.

BTW early on this year in the spring we found that ants had come through the wall (I proved they hadnt got in elsewhere) and were building a nest in the cavity that had formed behind the replastering work they had done. So is it any wonder that water is getting in there!! They seem completely disinterested in this last fact.

How should we proceed. Is it worth trying to appeal directly to someone high up within their organisation, MD, CEO, but it sounds like a corny move to me? We've requested face to face meetings with senior CustServs folk, but they are not keen. Or is this something that we could approach trading standards or an industry watchdog about? Or are we just heading towards trying to take some form of legal action?

Any thoughts and advice from the wise and sage collective would be most welcome.

Cheers

Graham

After over 10 years I don't think you'll get anywhere. As you are discovering, conservatories are cheap, medium-term temporary structures built by a trade that isn't regulated and is arguably staffed by some people not capable of proper building work. As you don't trust their tradesmen, I suggest getting a decent handyman in to fix the problems then sending Everest a letter asking them to reimburse the costs. If they don't do so (I expect they won't), you could try taking them to court but I don't expect you to win.

Ectophile

If you're in England, Wales or NI, then the Limitations Act applies after 6 years, which means there's nothing you can do legally to enforce any claim.


In Scotland, it's 5 years from when you knew there was a problem.

FreeBear

Ectophile wrote: »

If you're in England, Wales or NI, then the Limitations Act applies after 6 years, which means there's nothing you can do legally to enforce any claim.

That is six years from the point that the problem was raised, so there is another two years before time runs out. But these companies have a huge legal department and a correspondingly large budget to fight any claim.

By the sounds of it, water is getting in behind the plaster (faulty flashing perhaps) and causing mild steel fixings or plaster beadings to rust. The solution is to identify the soucre of the damp, fix it, then remove any rusting fixings/beads and replaster. The fixings should be replaced with stainless steel, and plastic beads used.

Frank99

Check if the Company has any social media pages and if so vent your concerns on the comments sections of their posts, anything that potential customers can see forces them to act quickly to finding a solution (shutting you up).
Failing this i would leave some negative reviews!

v8-fettler

First, check if around that time you had legal cover on your home insurance. If you did, put it to them, and explain the protracted time to deal with it is because you have them every chance to fix it. Failing there help, I’d take them to small claims. If you have documented everything (all contact, emails, photos etc), I’d take them to small claims court. It is quite obvious if they tried to fix it each time that something was wrong, and still is, so it’s not ‘of satisfactory quality’ and therefore is ‘not fit for purpose’. This is part of consumer law, and I don’t believe it’s limited by time constraints to say, you most recently allowed them chance to fix it...
swot up on the Consumer law online, find exactly where you stand with it, and then put a claim in for either a refund of the costs, or if you can get an independant quote, the expected cost to fix it. The latter is difficult as most readies done want to quote for insurance.

As with a lot of things, if it feels morally wrong, it generally is. Humans made the laws to help us, it would seem odd to make laws which allow this to happen. 

Homer_home

For starters you can say the name of the company on here you know (Everest) you won't get struck down by lightening if you do

Fyi Everest don't exist anymore possibly why another company won't honour the warranty 

Le_Kirk

Always worth checking the date of posts.  This one is from September 2019 and the OP did a post and run - no further update since.  Last activity was March 2020.

scorzonthedawes

Well I didn't run far 🙂

Thanks for posting folks, as noted it is a wee bit behind the curve now with Everest gone to the wall. In fact just before that happened they had given us a resurgence of interest with a change of heart and had resumed attempts to fix it with further on site assessments.

But now we're out of luck, though we had already made the decision to convert to an extension and the builders who do that for us will sort the damp too.

Cheers all

valuehuntress

Wasn't the warranty insurance backed?

So if builder goes bust, then you claim on the insurance.

scorzonthedawes

Oh I dunno valuehuntress, to be honest I never saw any documentation to suggest it was. Given it's now well over 10 years anyway, I just can't see it happening even if it ever was there but I appreciate the thought. We're converting anyway and the builders concur with my thinking, we reckon it should be sortable and given the other work going on, it won't really add too much cost.