Gutter Company Roof Damage / Section 75 Claim

chaotic_j

Hi,

It's quite complicated but bear with me..

We had all new gutters and downpipes supplied & installed onto the main house 2 years ago, the deposit (£700) was paid on my credit card.

The work was carried out, the installers broke one of the gutters on the extension which wasn't being replaced. I agreed to them replacing it free of charge with the style being installed on the main house.

After the work was completed I noticed cracked tiles on the extension roof, prompting me to check their work. Numerous serious defects and other damage had been done - emailed a list with photos. They replied straight away and fixed everything within a couple of days, with me supplying replacement tiles from some spares I had - the extension roof was returned to perfect condition. They assured me if there were any other issues with the gutters/downpipes, they would return under the 10 year guarantee. I paid the remaining £2,100 balance via bank transfer.

Some weeks later, water started tipping over one of the new gutters. I also had water bubbling up from the drain, when I put a rubber gloved hand down, it was blocked with pieces of cast iron from the old downpipe they had removed. Some 18 months later had the same issue with the other gutter, as it's above the extension, the water repeatedly hitting the tiles caused a leak inside the extension roof. I contacted them and they said the gutters needed cleaning out and I agreed to a charge for them to do this. They cleaned one out but couldn't reach the other with a ladder due to it being above the extension roof. I then paid a window cleaner with a Gutter Vac but even they couldn't clean it, the gutter was positioned too high and the slates were too far inside it with less than 20mm of space amongst other defects.

I advised the gutter company under CRA 2015 the gutters & downpipes were not fit for purpose or of satisfactory quality providing a picture of the gutter. Many emails, phone calls etc. later and a letter before action they agreed to replace this uncleanable gutter. I asked them to replace the other one as well and they eventually agreed.

The two gutters were replaced in December. After the installers left I noticed the extension roof was full of white marks, one tile was smashed at the top, another on the opposite side sitting proud, others had been clearly hit/disturbed, pieces of broken tile edge were on the ground, one of the lead soakers had marks on it from their access equipment. So I emailed pictures and asked when they were coming back to fix the damage caused.

A week later they replied and denied the damage, including a picture from their original survey saying they have matched the damage up and it was already there. The picture does not show the damage, just one tile with a chip out of the bottom edge which I already had replaced before they installed the gutters and downpipes originally. On a subsequent phone call they asked me for pictures taken after theirs, showing there was no damage. I emailed them pictures of the front and back of the roof showing it was perfect.

They have not replied since despite being given deadlines, they were asked to rectify the damage under CRA 2015 as failed to carry out their work with correct skill and care. We lost power - lights, sockets, boiler to half the house during -7 degree weather. It turned out water is getting into the extension roof through the top of the smashed tile which has collected in a porch light and frozen tripping the RCD. I've turned off all power to the extension. The gutter company was informed and sent pictures, still no reply.

I phoned the credit card company to lodge a Section 75 claim for the full amount paid £2,800. They asked if it's just for the damage or products too, I said both as with all the damage caused I'm unsure if the gutters are actually now OK.

They have sent an email asking for evidence.

My questions are:

- Is what I have stated - damage and products + full amount OK?

- Do I need to include ALL evidence from the defects when originally installed or just the damage done to the extension roof?

- Is a recent negative Google review of the company from another customer with seemingly the same issue - poor install and damaged roof worth including as evidence?

Thanks and apologies for length,
chaotic_j