Advice needed - Comfortable Conservatories in liquidation?
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skeed10
Posts: 4 Newbie
We had our roof replaced in Nov 16. Tiled and plastered finish with a 10 year guarantee carried out by Comfortable Conservatories.
2 months after the replacement roof was fitted, gaps opened up along a number of the new and original joins of the walls and roof to the house meaning the roof no longer was watertight.
Comfortable Conservatories sent out a team to carry out the repairs and admitted fault for the issue.
A few months ago (Jul 18), these same gaps started appearing again, and have continued to expand. I can now see daylight in the gaps and the roof and the walls are no longer watertight.
I called Comfortable Conservatories once again to ask them to come and carry out repairs under our 10year guarantee.
After weeks of chasing I received a letter stating that Comfortable Conservatories were in liquidation and had been bought by Comfortable Marketing Services. Their stance was now:
"...they will not be fulfilling the service or repairs under the original guarantee..." they went on to say "...the number of service calls now exceeds the terms agreed when Comfortable Marketing Services took over..."
They informed me that if I wanted them to carry out any reapirs I would now have to pay for them.
The contact details they gave me were for the new director: Samantha Jones (funny how the original Managing Director of Comfortable Conservatories was Andy Jones), and they were listed on the electoral role as being at the same address (in 2014).
Every time I have contacted them (chased them) I have spoken to the same people (Charlotte, Daniela) who were there with Comfortable Conservatories.
Have they just put the company into liquidation to get out of making all the repairs that people are now asking for and started up a 'new' company with the same people, same logos, same website?
I am waiting on a response from Samantha regarding this situation... which unsurprisingly she has still not contacted me about after months of chasing her (on a weekly basis).
I have contacted Citizens advice who have said:
1. Contact Companies house re them still trading - I have, Companies house have confirmed that they are in Voluntary Creditors Liquidation
2. Contact the Insolvancy service to check they are in administration - I have, their responce was:
This company is in liquidation. As such you would need to contact the liquidator.
The second company you mention COMFORTABLE MARKETING SERVICES LTD, Company number 10136137 is not currently in any form of insolvency and is a separate legal entity.
3. Apply to the liquidator to request a refund as an unsecured creditor - I have done this and have been told: '...there is no prospect of a distribution to non-preferential creditors'.
4. Follow the trader’s complaints process. I have put my complaint in writing and asked for a resolution within a time scale - this has been ignored
5. Check if the seller is a member of a trade association. I have requested this information - this request has been ignored
6. Ask the trader if they have an alternative dispute resolution (ADR) scheme. I have requested this information - this request has been ignored
I am not sure where to go from here? Obviously I could persue this through the small claims court, but I guess that would be at a cost to me with no guarantee I would be successful?
2 months after the replacement roof was fitted, gaps opened up along a number of the new and original joins of the walls and roof to the house meaning the roof no longer was watertight.
Comfortable Conservatories sent out a team to carry out the repairs and admitted fault for the issue.
A few months ago (Jul 18), these same gaps started appearing again, and have continued to expand. I can now see daylight in the gaps and the roof and the walls are no longer watertight.
I called Comfortable Conservatories once again to ask them to come and carry out repairs under our 10year guarantee.
After weeks of chasing I received a letter stating that Comfortable Conservatories were in liquidation and had been bought by Comfortable Marketing Services. Their stance was now:
"...they will not be fulfilling the service or repairs under the original guarantee..." they went on to say "...the number of service calls now exceeds the terms agreed when Comfortable Marketing Services took over..."
They informed me that if I wanted them to carry out any reapirs I would now have to pay for them.
The contact details they gave me were for the new director: Samantha Jones (funny how the original Managing Director of Comfortable Conservatories was Andy Jones), and they were listed on the electoral role as being at the same address (in 2014).
Every time I have contacted them (chased them) I have spoken to the same people (Charlotte, Daniela) who were there with Comfortable Conservatories.
Have they just put the company into liquidation to get out of making all the repairs that people are now asking for and started up a 'new' company with the same people, same logos, same website?
I am waiting on a response from Samantha regarding this situation... which unsurprisingly she has still not contacted me about after months of chasing her (on a weekly basis).
I have contacted Citizens advice who have said:
1. Contact Companies house re them still trading - I have, Companies house have confirmed that they are in Voluntary Creditors Liquidation
2. Contact the Insolvancy service to check they are in administration - I have, their responce was:
This company is in liquidation. As such you would need to contact the liquidator.
The second company you mention COMFORTABLE MARKETING SERVICES LTD, Company number 10136137 is not currently in any form of insolvency and is a separate legal entity.
3. Apply to the liquidator to request a refund as an unsecured creditor - I have done this and have been told: '...there is no prospect of a distribution to non-preferential creditors'.
4. Follow the trader’s complaints process. I have put my complaint in writing and asked for a resolution within a time scale - this has been ignored
5. Check if the seller is a member of a trade association. I have requested this information - this request has been ignored
6. Ask the trader if they have an alternative dispute resolution (ADR) scheme. I have requested this information - this request has been ignored
I am not sure where to go from here? Obviously I could persue this through the small claims court, but I guess that would be at a cost to me with no guarantee I would be successful?
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Comments
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How did you pay?0
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2. Contact the Insolvancy service to check they are in administration - I have, their responce was:
This company is in liquidation. As such you would need to contact the liquidator.
The second company you mention COMFORTABLE MARKETING SERVICES LTD, Company number 10136137 is not currently in any form of insolvency and is a separate legal entity.
And there is your problem!
CMS and CC are separate legal entities. Your contract was with CC, so any chance of forcing the issue with CMS would be what exactly were the the terms under which CMS "bought out" CC.
But I personally wouldn't want this company anywhere near my house.If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales0 -
zx81 - Not by Credit Card unfortunately, so I can't claim any refund this way.
lincroft1710 - How is that a legal thing to do though! Put a compnay into voluntary liquidation and then continue trading under a 'different' name with the same staff, same trading name, website, logos, etc. and just make the old MD's wife/daughter the new MD.
Hindsight is a winderful thing!0 -
zx81 - Not by Credit Card unfortunately, so I can't claim any refund this way.
lincroft1710 - How is that a legal thing to do though! Put a compnay into voluntary liquidation and then continue trading under a 'different' name with the same staff, same trading name, website, logos, etc. and just make the old MD's wife/daughter the new MD.
Hindsight is a winderful thing!
its wrong , but in reality it is happening every day0 -
Complain to your MP, S/he can't solve this issue, but they have the power to vote to prevent it happening in the future.0
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lincroft1710 - How is that a legal thing to do though! Put a compnay into voluntary liquidation and then continue trading under a 'different' name with the same staff, same trading name, website, logos, etc. and just make the old MD's wife/daughter the new MD.
Hindsight is a winderful thing!
It can be perfectly legal if done properly.
I meant that as the company have failed to fix the problem once, I wouldn't trust them to rectify it on a second attempt.If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales0 -
twhitehousescat wrote: »how can an MP stop a company going into liquidation ?
did,nt help maplins
did,nt help toys r us
etc etc etc
No one can stop a company going into liquidation but with a change in the law it might be possible to stop the company starting up again a couple of days later with a slightly different company name but trading from the same address, employing the same staff and with the previous owners or directors employed there but in different positions.
Was any of the payment, even a very small deposit made on a credit card?zx81 - Not by Credit Card unfortunately, so I can't claim any refund this way.0 -
Hermione_Granger wrote: »No one can stop a company going into liquidation but with a change in the law it might be possible to stop the company starting up again a couple of days later with a slightly different company name but trading from the same address, employing the same staff and with the previous owners or directors employed there but in different positions.
Was any of the payment, even a very small deposit made on a credit card?
new name , new lease on property and employing same staff is totally legal as is starting new company with new directors
its legal , but it stinks
as does companies going into liquidation , being bought next day and all consumers loosing money0 -
twhitehousescat wrote: »new name , new lease on property and employing same staff is totally legal as is starting new company with new directors
its legal , but it stinks
Legal now which is presumably why pmduk stated the following:
and why I mentioned a change in the law.Complain to your MP, S/he can't solve this issue, but they have the power to vote to prevent it happening in the future.
If enough MP's get petitioned about this subject then there is the possibility of them trying to get the law changed so that the practice will no longer be legal.0
This discussion has been closed.
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