Spray foam insulation removal - consumer rights query

Cheatedhero37

Hi, I am a newbie feeling outraged/baffled by the treatment of a confused/upset/very worried friend by a spray foam installation company and would really appreciate advice if possible.

In 2019 she arranged Home Logic to treat her loft with spray foam, all was fine. Or so we thought.

Last Monday 08th April she received a call with a request to arrange a visit to check the work, this happened 10th April 2024. The man said the installation firm Lapolla had been found to have cut corners and this was apparent in my friend’s house with no membrane between the foam and the rafters, roof, etc. Lapolla have now done a ‘fly by night’ and vanished (I checked Companies House, and the company was dissolved in 2022). However, the contract was with Home Logic not with Lapolla, and it was not explained at the time of agreeing to use Home Logic that the work would be contracted out.

My friend was then told that she could pay something in the region of £6,700 for removal of the foam (in addition to the original £4,000 she paid in 2019 to have it put in), and, while Home Logic guarantee the foam itself, the installation is not part of the guarantee. This part of the contract was pointed out to my friend by the visitor.

She was also told that time could be a factor as there is an opportunity to claim a government grant to assist with paying to have the foam removed, but this expires next week! I have not yet found any evidence of such a grant for removal of the foam.

I hope to see my friend today 11/04/24 or tomorrow and the paperwork she has been given. I am not even convinced of the legitimacy of the person she spoke to who checked the work.

I can confirm that there is no membrane – the foam (now dried) can be seen in the loft and where it ‘seeped’ into small gaps in the upstairs ceilings.

Having checked the issue out on the internet I am convinced that the foam needs to be removed. Surely Home Logic are liable? My friend agreed/signed a contract with Home Logic, not Lapolla, who would have been contracted by Home Logic and (hopefully) checked for all the necessary qualifications etc for installation of potentially toxic substances. Also, with any type of works conducted in the property should have been checked by Home Logic after the installation to ensure the quality of work conducted is compliant with safety standards. Or am I wrong?

Albermarle

Usually the foam is sprayed under the roof ( so under the tiles) and this is what usually causes the problem with condensation etc.
If it just sprayed on the floor of the loft/inbetween the rafters, it is probably OK.

Can you clarify what is the case here ? Is it both maybe ?

Cheatedhero37

Hi, it’s the underside of the roof in the loft space, which, due to the design of the house, in certain places reaches down to the loft floor, but not on the floor. There is no membrane between the foam and the underside of the roof. I think that makes sense! Let me know if not.
The point is that there is no question that the job was done incorrectly (there should be a membrane), the issue is that my friend is apparently liable to pay to have it all removed, despite the fact that she is at no fault. Surely the company are?

Cheatedhero37

The issue has been highlighted recently, for instance it was featured on the One Show January 23rd (as a newbie I can’t attach the link yet, but it’s easily found on you tube)

DayDreamerandGeneralWaster

Trying to push you into applying for a grant that expires next week..the timing of this is suspicious 

MysteryMe

It's almost certainly a scam. How did they manage get your friends details? People should always be very wary of cold callers. If your friend thinks there may be issues with the loft, I would get a qualified chartered surveyor to inspect the loft / roof and if their report suggests the spray foam has caused issues to take the matter up with Home Logic, if that is who her contract is with and who she paid then it is up to them to sort it. If she paid using a credit card she can also consider making a S75 consumer credit act claim. however she needs to go the Home Logic first.

FreeBear

There has been a bunch of legislation introduced recently - Extensions the defective premises act, and a new building safety act. Quite possibly, these offer an avenue of action against Home Logic in addition to existing contract law. However, legal action is not going to be cheap, and I'm sure Home Logic would fight every step of the way.

Certainly, a s75 would be the easiest route if she had paid even as little as £100 on credit card.

Cheatedhero37

Thanks guys this is all very helpful and encouraging. A bit of backstory. I am doing this (rather than my friend) because she is savvy and usually unflappable but this has rocked her and is totally undeserved so I have been angered enough to do this bit. And your advice is really helping to calm us both down! 

I now have the paperwork from Home Logic and think there are a few bits of the small print within the t&c’s that could help. And I intend on making a tentative call to the Energy Ombudsman tomorrow now that I think I have found that they are the correct people/dept to call.

please keep the info/advice/tips coming 🙏

Cheatedhero37

Thanks for the S75 tip, I wasn't aware of it but have now researched. Unfortunately I think my friend was (and still is) paying the original contract by monthly instalments by way of a credit agreement set up in the beginning, so doubtful that a credit card is involved. But I will check with her later on today

ThisIsWeird

Cheatedhero37 said:

The man said the installation firm Lapolla had been found to have cut corners and this was apparent in my friend’s house with no membrane between the foam and the rafters, roof, etc. 

I can confirm that there is no membrane – the foam (now dried) can be seen in the loft and where it ‘seeped’ into small gaps in the upstairs ceilings.

Having checked the issue out on the internet I am convinced that the foam needs to be removed.

Hi. Could you explain the bits in bold, please?

The 'membrane' - are you referring to the original roofing 'felt' that would/should have been present, or is this an additional membrane that foam-sprayers should use? If 'original', do you know why this felt was not present - had it crumbled away?

Are where did the foam seep into gaps in the ceiling?

Has this spraying been carried out in a normal loft space? Ie, a ventilated area primarily used for storage or for water tanks? And how close to the loft floor at the narrow eaves does the foam go?

FreeBear

Cheatedhero37 said:

Thanks for the S75 tip, I wasn't aware of it but have now researched. Unfortunately I think my friend was (and still is) paying the original contract by monthly instalments by way of a credit agreement set up in the beginning, so doubtful that a credit card is involved. But I will check with her later on today

Having a finance company involved opens up another avenue of attack - A s75 claim isn't limited to just credit cards, it can also be used with finance companies. The Financial Ombudsman Service should be able to advise if you have a case.

https://www.financial-ombudsman.org.uk/consumers/complaints-can-help/credit-borrowing-money/goods-services-bought-credit

https://commonslibrary.parliament.uk/spray-foam-insulation-and-mortgages/