Poor Workmanship and Subsequent Repairs

valio247

I had new gutters, downpipe etc.. fitted about 7 years ago which has a 10 year warranty. The last few years I have had major problems with leaks & overflows – in my opinion down to a poor standard of workmanship. The company have been out 5-6 times to rectify but seem to just bodge it and make the problems worse. Today came out again and have bodged it again sealant all over and screws directly through the gutter into fascia board to rectify an overflow.

Have taken photos/videos for evidence but would like an independent report on the guttering to back up what may end up as a court case. Does anyone know of a guttering type association or trade body I can contact for a report – most surveyor/inspectors websites only seem to cover more ‘serious’ defects.

On a slightly different but related topic, the two guys ‘fixing’ the faults today lifted my plastic storage shed up and dragged it out their way and in the process snapped the plastic lid/top off the hinges.

They admitted doing it (although I suspect only because I seen them) and I phoned the company to inform them shortly after. The shed cost me approx. £100 a few years ago but are now £130-£140 to replace new.  Is the company liable to fully replace the shed 'like for like' or refund me fully for the cost of a new one?

A replacement lid/top would be acceptable to me as this would replace what was broken but I cannot find a replacement part to fit.

Many thanks for any advice/suggestions.

Aylesbury_Duck

No idea about a trade body for guttering, but check what the warranty provides for.  Mine was 10 years for the parts, two years for the workmanship.  Best bet is to get another, recommended professional to look at it.

No, you're not entitled to the cost of a new shed.  They are obliged to put you back where you were, either by buying a second hand equivalent, repairing the lid or replacing the lid.  Failing that, you're entitled to the depreciated cost of the one you have.  £50, perhaps?

valio247

Thanks Aylesbury_Duck for your advice. Regarding this company I am in dispute with, on several occasions over the phone to their office or discussions with operatives they have sent out to do work they have denied certain conversations and/or events have occurred.

As this 'may' end up as a court case, a few weeks ago I started recording these conversions & calls without their knowledge - it might be morally wrong but is this legal?

If I inform them I am recording it is likely they are not going to admit or discuss certain things which without evidence they can later easily refute and it then it becomes a 'my word against theirs' scenario. I have read, (although it may not be a fully reliable source), that this action is OK as long as the recording is only used in a court or for legal purposes.

Any advice greatly appreciated.

lincroft1710

As it is over 6 years since the work was originally carried out I don't think you will have much joy going to court. Guarantees/warranties have very little (if any) legal recourse.

If the gutter is overflowing it suggests that it is angled incorrectly or the downpipe is partially blocked or is too narrow for the amount of water.

It may just be easier to get the rainwater goods replaced by a more reputable company

QualitymarkProtection

It's always worth looking at a companies Guarantee when taking up some service with an installer.  @QualitymarkProtection specialise in "Insurance Backed Guarantees" which means if the installer ceases to trade or they are unable to honour their written guarantee for some reason then there is a policy that you can make a claim on. 

lincroft1710

QualitymarkProtection said:

It's always worth looking at a companies Guarantee when taking up some service with an installer.  @QualitymarkProtection specialise in "Insurance Backed Guarantees" which means if the installer ceases to trade or they are unable to honour their written guarantee for some reason then there is a policy that you can make a claim on. 

It used to be the rule that any poster posting on behalf of a company should have MSE permission to post as an official representative.

valio247

A few days ago I posted this:

Regarding this company I am in dispute with, on several occasions over the phone to their office or discussions with operatives they have sent out to do work they have denied certain conversations and/or events have occurred.

As this 'may' end up as a court case, a few weeks ago I started recording these conversions & calls without their knowledge - it might be morally wrong but is this legal?

If I inform them I am recording it is likely they are not going to admit or discuss certain things which without evidence they can later easily refute and it then it becomes a 'my word against theirs' scenario. I have read, (although it may not be a fully reliable source), that this action is OK as long as the recording is only used in a court or for legal purposes.

No response yet, does anyone have any thoughts or advice?

Aylesbury_Duck

Yes, several responses above have not made reference to it, probably because in their view it is irrelevant.  If you're planning small claims action, the court will decide if any evidence of this nature is admissible.