Double glazing 10 year warranty issue - builder gone bust

Norfolk_Norris

Hi there 
We had an extension 3 years ago and within that, we had a bifold door fitted.
The locking mechanism has now failed inside the door and we are now unable to open the door, or lock/unlock it.
We contacted the builder who said that the 10yr warranty is with the manufacturer of the door.  We therefore contacted the manufacturer who told us the 10yr warranty is with the installer, ie the builder.
Although the builder is still trading, he dissolved the previous company and is now under a new name.  He is also very difficult to pin down - replying only after 20 calls/texts.
Would anyone know who exactly the warranty lies with and if these FENSA insurance backed guarantees have any bearing?
I wondered also if my buildings/contents insurance would offer cover in way, or if the legal assistance on this could help?
Any help gratefully received. 

Aylesbury_Duck

When I had a conservatory built, I received all the FENSA certificates and warranty paperwork in my name upon payment of the final instalment.  If you have no warranty paperwork saying ownership of the warranty is with you, then it still sits with the builder since he purchased the doors.

I think the best thing to do is to get a reputable glazing company out to fix the lock (it must pose a security and possibly a fire exit concern in its present state) and then consider if and how you might pursue it with the builder, although if the company you dealt with no longer exists, you won't get anywhere.

What paperwork do you have?  Original contract, for example?

Norfolk_Norris

Thanks for the reply - builder just literally confirmed (by text) that his previous company no longer exists and therefore we will have to pay for the fix.
So it looks like our 'guarantee' died when he dissolved his last company, and set up new?!
Obviously that's outrageous and i doubt we'd get anywhere trying to sue him.
The manufacturer said this type of fault is usually caused by poor fitting and to confirm this, the builder came out several times after to 'adjust the door'.
I don't suppose the legal cover on the B&C policy would cover any kind of chasing the builder?
And i guess getting money out of him is not going to happen.

Aylesbury_Duck

To be honest, it might all get fixed for less than £100 so it's worth getting a local company out to check.

Check your insurance policy to see what it covers and give them a ring.  They can only say no.

davidmcn

If the company is dissolved then you have nobody to pursue. If the guarantee was insurance-backed then potentially you could pursue whoever underwrote it - but it sounds like you don't even have a copy of it?

Norfolk_Norris

davidmcn said:

If the company is dissolved then you have nobody to pursue. If the guarantee was insurance-backed then potentially you could pursue whoever underwrote it - but it sounds like you don't even have a copy of it?

Correct - no copy of guarantee; i was wondering if it will be held with FENSA as i believe the installer is supposed to upload it on out behalf.
Anyways, i've come to the conclusion that its a lesson learnt and to 'not recommend' this builder any more.  I am also guessing a Google review on his current company could be seen as libellous as our complaint is with his previous 'company;, albeit the same 'person'!
Hoping the manufacturer still has the parts (door 3yrs old) and can easy fix.

MattMattMattUK

Norfolk_Norris said:

I am also guessing a Google review on his current company could be seen as libellous as our complaint is with his previous 'company;, albeit the same 'person'!

It would be seen as defamation, yes.