Dodgy decking

jimmyandsteph

Hi everyone, I'm hoping somebody out there may be able to advise on this issue. We had some Regency composite decking fitted in June 2019 (which to be fair has looked great so to call it dodgy might be a bit unfair). Over this winter, several minor cracks have developed into complete splits and more minor cracks have appeared. It seems reasonable to assume that the lot will need replacing over the next year or two. 

The company who fitted it gave a 5yr warranty although I first brought this to their attention a couple of months back. Their boss came out to look at it and said it looked like a faulty batch and that he would get back to us with a plan to replace - however he's not responding now to any form of contact and even their shop just rings out (I suspect they've blocked my number or are just somehow ignoring it). The big problem is that the company was liquidated in December 2022 (Company number 10487450), but was clearly then just renamed and continued to run from the same premises as essentially the same decking company.  

I sense we won't have much joy with this, but I'm confused by the fact that they bothered to come and even have a look if they had no obligation to replace it. It gives me some hope that I might have some angle to pursue a claim (or even just to get them to replace it) but keen on more educated opinions than mine! Thank you.

eskbanker

jimmyandsteph said:

The big problem is that the company was liquidated in December 2022 (Company number 10487450), but was clearly then just renamed and continued to run from the same premises as essentially the same decking company.

'Essentially' perhaps, but not legally, so you have no actual rights against this separate company.

How did you pay for the original job?

Alderbank

I think that the company boss was hoping that the supplier would agree that the batch had been faulty and would replace it, his new company would then be in line for the contract to install it. 

Either the supplier did not agree that the batch was faulty or (more likely) he has said that his B2B contractual obligations for the supplied goods ended when the the company he had supplied was liquidated.

lincroft1710

jimmyandsteph said:

We had some Regency composite decking fitted in June 2019 (which to be fair has looked great so to call it dodgy might be a bit unfair). Over this winter, several minor cracks have developed into complete splits and more minor cracks have appeared. It seems reasonable to assume that the lot will need replacing over the next year or two. 

The big problem is that the company was liquidated in December 2022 ,   

This is the big problem as the entity you contracted with is no longer in existence. Also as this decking is almost 5 years old a certain amount of wear may well be expected

Aylesbury_Duck

I think any rights you had against the original company died with it.  If you paid by credit card, you may have an angle there because the card company would be jointly liable.  If you didn’t, it’s down to the new company’s goodwill.

Arunmor

Speak to the manufacturer and see what they say, they are perhaps the one offering the warranty.  Assuming the base structure is ok I imagine you could DIY fairly easily.  A dissolved company is not going to help.