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Section 75 Barclays Partner finance

edited 30 November -1 at 12:00AM in Consumer Rights
5 replies 441 views
RebeccaVBRebeccaVB Forumite
2 posts
edited 30 November -1 at 12:00AM in Consumer Rights
Had a conservatory installed by Apple Home Improvements in summer 2017, financed through Barclays Partner finance. Conservatory started leaking in December 2018, contacted Apple Home Improvements and they were due to visit the day they went bust! Pursued a claim under section 75 through Barclays, they asked us to get two quotes for the remedial work which we did and Barclays instructed us who to go with choosing Desinger Windows as they had quoted for a more extensive job and had provided a 10 year insurance backed guarantee in their quote. Job was completed in February 2019 and Barclays paid them directly. Fast forward 12 months to the day and the conservatory leaks again in the same place in December 2019!! We contacted Designer Windows to discover they ceased trading in October 2019 , we phone the insurance backed guarantee people who tell us that we do not have a policy as the work was never registered with them by Designer Windows and the letter from Barclays indicates that once remedial work is carried out, they are no longer liable for the product!! We have a leaking conservatory which was built in 2017 with a ten year warranty, then further guaranteed by another company, both of whom now cease to exist!! Where on earth do we go from here? Are Barclays still responsible as they instructed us to use Designer Windows based on their guarantee? Please can anyone help as any wits end!!

Replies

  • edited 15 January 2020 at 1:45PM
    Aylesbury_DuckAylesbury_Duck Forumite
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    edited 15 January 2020 at 1:45PM
    Did it leak over the last two days when we've had all that wind and driving rain? If so, don't worry just yet. Our conservatory will suffer a slight leak when the conditions are just 'right', and wind drives rain up the sloped glass where it can enter through the narrow air vents. It happens one or two times a year, in weather exactly as we've had the last few days. Our conservatory isn't air-tight and has tiny vents. The water is in small amounts and appears at the bottom of the window pane which makes it look like the leak is there where in reality, it's made its way all the way along the roof bars.

    Make an assessment the next time you get "normal" rainfall. It may be a one-off. Also, bear in mind that conservatories are temporary outbuildings, not built to the same standards as a proper extension. In fact, they're not built to any standard at all. Foundations aren't deep so things will move around and leaks will probably develop. People that use their conservatories as essential extra living space should bear that in mind. Don't put down expensive carpet or flooring or keep expensive furniture in places where there is a risk of a leak.

    To answer your question, I think Barclays hold joint liability with the company concerned, although someone will be along to confirm if I'm correct or not. Whether that extends to honouring the full 10 years, I would doubt it. In all honesty, and if the leak persists in normal rainfall, I would contact a local company to come and have a look. My conservatory was built by a local firm five years ago and they have come out a few times FOC since to address minor problems such as a 'proper' leak, a blown pane and a door that needed trimming up. A good, local firm is well worth engaging with because you will have problems in future with blown panes, stiff locks, etc.
  • eddddyeddddy Forumite
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    It sounds to me like Barclays are still liable on the following basis:

    • You bought a conservatory in Summer 2017 with a 10 year warranty.
    • Presumably, that warranty essentially said that any leaks etc would be fixed up until summer 2027. (So those warranty terms would be part of the contract.)
    • Section 75 makes Barclays jointly liable for that contract.
    • So Barclays continue to be liable to fix any leaks etc until summer 2027.

    (The fact that they used another company to fix an earlier leak, and they've gone bust, isn't really relevant to your claim against Barclays.)
  • Thank you for the replies so far, really helpful and much appreciated!
  • edited 14 February 2020 at 7:46PM
    BimbilouBimbilou Forumite
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    edited 14 February 2020 at 7:46PM
    Very interesting post Rebecca! We are in the same situation a year behind you. Apple conservatory installed summer of 2018. Started leaking Nov/Dec 2019 where it joins the house resulting in lots of mould and soaked mortar in the brick and flint wall. Our finance is with Shawbrook so I am not sure whether in the first instance to go to The DGCOS, Safeworld Insurance Group UK (name in guarantee certificate or straight to Shawbrook Finance. I don’t know about you, but our experience with Apple Conservatories was a nightmare. Hope you get it sorted. Maybe you could update your post with the outcome?

  • born_againborn_again Forumite
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    Bimbilou said:
     I am not sure whether in the first instance to go to The DGCOS, Safeworld Insurance Group UK (name in guarantee certificate or straight to Shawbrook Finance. I don’t know about you, but our experience with Apple Conservatories was a nightmare. Hope you get it sorted. Maybe you could update your post with the outcome?

    Hit it both ways. 
    Family is for life not just Christmas
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