Issue with Builders

StarFour

We had a new roof fitted just over a year ago, the builder gave a 25-year guarantee with the roof which we have had multiple issues with. 
Some tiles came off the roof which they did after a few days come out and repair, the same tiles have recently come off again, the timeline was:

Reported on Saturday, Agreed to come out on Monday
Sent message Monday morning to check time - No response 
Chased for an update in the afternoon was told will need to pop round to have a look - no response after this
sent message Tuesday morning - no response
called on Thursday was told someone would be definitely around Saturday, by this point tiles were hanging off the roof and in a dangerous state which the builder was aware of.
called again Saturday afternoon as looked like no one was coming (felt like I was calling for the first time) 
Was told someone would definitely be out Monday
Sent a message on Saturday stating if no one came out on Monday then I would have to get another builder out to do the work and claim back the expenses. 
No one showed on Monday so I employed another builder to come out on Tuesday to secure the roof
The original builder then stated my warranty was void and I had refused for them to come back and fix the roof which was not the case until Monday night as they had already failed to turn up or even remember I had called\Messaged so I had little faith they would even turn up without another excuse. 
The roof had already caused damage to a gas pipe and multiple outside objects (storage containers etc) so I needed it fixing ASAP. Also, water had been getting into the house.

The roof from the inside had debris stuck between the membrane and the tiles again the roofer after the install said this isn't an issue and can be left clearly not the case. 

I had stated what I thought to be my consumer rights to the builder and they replied with "Yes your consumer rights gives you some rights if I do not turn up within a few months you have given me a few days"

As you can see they were given over a week and this was a repeat issue.

Am I right in thinking I could claim back the expenses? I was only able to get one builder out to quote as I didn't want the remaining tiles to fall or any more damage to occur, what are my rights with regards to the warranty they have now voided?
Is it worth going through small claims to reclaim work done and the fact I'm now without a warranty that as far as I was concerned was part of the original payment\agreement they have now voided, or do I need to send a letter\E-mail first? 

Thanks for any help. 

DB1904

StarFour said:

We had a new roof fitted just over a year ago, the builder gave a 25-year guarantee with the roof which we have had multiple issues with. 
Some tiles came off the roof which they did after a few days come out and repair, the same tiles have recently come off again, the timeline was:

Reported on Saturday, Agreed to come out on Monday
Sent message Monday morning to check time - No response 
Chased for an update in the afternoon was told will need to pop round to have a look - no response after this
sent message Tuesday morning - no response
called on Thursday was told someone would be definitely around Saturday, by this point tiles were hanging off the roof and in a dangerous state which the builder was aware of.
called again Saturday afternoon as looked like no one was coming (felt like I was calling for the first time) 
Was told someone would definitely be out Monday
Sent a message on Saturday stating if no one came out on Monday then I would have to get another builder out to do the work and claim back the expenses. 
No one showed on Monday so I employed another builder to come out on Tuesday to secure the roof
The original builder then stated my warranty was void and I had refused for them to come back and fix the roof which was not the case until Monday night as they had already failed to turn up or even remember I had called\Messaged so I had little faith they would even turn up without another excuse. 
The roof had already caused damage to a gas pipe and multiple outside objects (storage containers etc) so I needed it fixing ASAP. Also, water had been getting into the house.

The roof from the inside had debris stuck between the membrane and the tiles again the roofer after the install said this isn't an issue and can be left clearly not the case. 

I had stated what I thought to be my consumer rights to the builder and they replied with "Yes your consumer rights gives you some rights if I do not turn up within a few months you have given me a few days"

As you can see they were given over a week and this was a repeat issue.

Am I right in thinking I could claim back the expenses? I was only able to get one builder out to quote as I didn't want the remaining tiles to fall or any more damage to occur, what are my rights with regards to the warranty they have now voided?
Is it worth going through small claims to reclaim work done and the fact I'm now without a warranty that as far as I was concerned was part of the original payment\agreement they have now voided, or do I need to send a letter\E-mail first? 

Thanks for any help. 

What are the terms of the warranty and is it insurance backed?

If it's just through the original builder then I'd guess it's none existent. 

StarFour

When I asked about the Warranty I was told the invoice was the warranty.

This is what it states on their website but I have nothing in writing. 
"we carry public liability insurance of £5m, our company is fully insured, and our work is fully guaranteed."

DB1904

StarFour said:

When I asked about the Warranty I was told the invoice was the warranty.

This is what it states on their website but I have nothing in writing. 
"we carry public liability insurance of £5m, our company is fully insured, and our work is fully guaranteed."

So there isn't much one.

Aylesbury_Duck

It sounds like you don't have a warranty, just a statement that their work is guaranteed, which is a pretty meaningless statement.

I suggest calling your home insurance's legal helpline if you have legal cover.  What you've described is more like an 'emergency', where you needed a quick repair to make things safe and prevent further damage.  You may be able to claim for the repair cost from the original builder, but it will depend on the nature of this "guarantee" and what constitutes a reasonable response time.  It's only been a week.

Thrugelmir

Roofers will be extremely busy at the moment. Which shouldn't come as a surprise. I doubt that the warranty covers storm damage. Call your insurance company. 

cx6

Most professional builders will provide an insurance-backed warranty - one reason is that you are still covered if they go out of business.

If your builder did not so this then you should make up your own mind about them. I would not touch them with a bargepole.

In any case, going forward it sounds like you are reliant on them carrying out 'warranty' work. You will probably have to go to the small claims court but there is a danger they will just fold. Were they a limited company?

PS tiles do not just fall off a new roof.

StarFour

thanks CX6

Yes they are a limited company and Companies house isn't filling me with confidence "Company status - Active — Active proposal to strike off" which isn't the first time plus they have started another company

With regards to people saying storm damage I can appreciate this however this isn't the first time the same tiles have come off and I have now had 14+ tiles come off, should I be expecting each time we get some wind that my brand new roof is going to fall off? the new company I have had to do the repairs have managed to secure the new tiles in place and they survived the recent winds which were far worse than the first round.

And I can appreciate the roofers are busy but when you have to keep calling/messaging and each time it's like you have never spoken with them, obviously having no intention to come out and giving excuse after excuse is just not good enough

macman

In a nutshell, the so-called warranty you have is worthless and unenforceable, since there is nothing written down to say what is and is not excluded. Emergency repairs due to storm damage should be covered by your buildings insurance, and they should have been your first contact.
Your only option, if you believe the work done is of an unacceptable standard, is a civil claim, possibly via the small claims process. Which will require you to produce a report, at your expense,  from an independent expert documenting the deficiencies in the work originally done. This will not be cheap, and there is no guarantee of you ever receiving compo, even if you win judgement in your favour. Most likely the limited co. will simply have no recoverable assets and will be wound up and then trade under a new name.