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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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, This is 'brief' have time line record, photos plus

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Hello,
This is 'brief' have time line record, photos plus texts/emails to support.
Had a conservatory built by Coral windows in 2013 the timeline gives a BASIC picture.
2013
1. Workmen did not show on agreed start date
2. Throughout build workmen not turning up when agreed.
3. Builder stole half a ton of my own gravel. I was never asked if it could be used.
4. Once built every window had extreme condensation which we highlighted even before in furnishings were put place. We were informed it was just the plaster drying.
5. Informed Coral condensation still severe – dripping.
6. December informed Coral of mould growing up inside wall near door.
7. Informed Coral mould growing round every window.
8. Informed Coral of drip that had appeared on ceiling.
9. Window sills on three windowsills began to warp.
10. Condensation still extreme.
2014
9. Due to this lack of helpful communication we got our own independent Surveyor as we now had no confidence with the responses.
10. Report done and sent to Coral highlighting several problems.
11. Large meeting arranged at my home with my Surveyor and a number of Coral engineers and two project Managers.
12. Discovered ‘myself’ that the plans were wrong and had been submitted wrong. informed they would be resubmitted with no problems
13. Windows removed, revealing areas where no packing in cavity walls, damp proof course was cemented over causing damp to rise on outer wall.
14. Finish to building after windows and sills replaced not finished to high standard. We did highlight it but no one seemed too concerned and we had now been too worn down to fight.
15. Condensation still experienced – again visited by Ron and Loretto who did investigative work on windows and some tests.
16. Condensation improved with warmer weather.
17. June received a phone call asking for a visit from John Valente (owner of Coral)
18. John Valente visited my wife as I was unable to be present due to work – informed that planning had been refused!
19. Mr Valente offered to replace all our house windows as a gesture of goodwill, though he did express there was more than he thought and he was reluctant to do our bedroom window as it was over our other conservatory and it would cost for scaffolding. We did express we would have liked it done but did not press the issue.
Informed again of planning refusal due to it not being pebble dashed like house. Informed John that we at the outset requested brick. False panelling was suggested to get it through planning. We were very uneasy about this and asked for something in writing to state that if the Counsel came to challenge we would receive our money back in full.
20. Revisited by John again who had spoken to his solicitors and demonstrated ‘a way round it’ – he also gave us a letter.
21. False pebble dashed panels erected for 6-8
22. Planning passed
23. Panels removed to re expose brick.
24. Winter months set in and severe condensation reappears – John informed.
25. Some form of sponge recommended to be put round top of inside guttering which was done .
26. Condensation worsens and puddles appearing daily on sills – so bad unable to put up
Christmas decorations.
27. Visited by John informed it was because we did not have a radiator. Did have under floor heating but told not sufficient – this was never stated prior to our purchase when we did state
2015
28. New radiator bought by ourselves and cost of plumber paid for by Coral.
29. Condensation begins to improve.
30. Mushrooms appear at base of door inside building.
31. Drip on ceiling still presenting.
32. An engineer with John investigated – engineer filled in hole underneath door and filled in area inside door that had become soft and damp. Informed to keep carpet back l (overall unable to put carpet fully back for 6 weeks).
33. Rang to inform water still coming in at door entrance and drip still there.
34. Engineers came and removed door to reveal problem with guttering which is where water was coming from. Informed they could not do repair work.
It was at this point I rang John and left a message and text expressing my dissatisfaction that yet again I had to rearrange my schedule and not Coral.
35. Received a phone call from John – conversation began ok but as I was still talking John kept talking over me and I did not feel heard so had to raise my voice.
36. Engineers revisited to fix guttering and problem with ceiling drip.
37. Mr Valente wrote me a letter saying how upset he was I 'shouted' at him. I responded via letter - the first I'd written after 18 months.
38. Have had no response yet 2+ weeks now. Have written another as the finish after door replace is very poor plus carpet fraying due to damp.
Had to go to doctors now on medication for anxiety/stress. QUESTION: Can I get my money back? How long do I have to go to let them 'fix' things - been 18 months. PLEASE HELP! What can I do?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know what was the initial cost please?

Customer:

Hi Alex, The initial cost of Conservatory was £15,300

Alex Watts :

What is the cost of putting right?

Alex Watts :

All the damage etc?

Customer:

Don't know - each time something has gone wrong they come and fix it, no monetary cost to me except time of work which as you might imagine has been a lot over 18 months.

Alex Watts :

What you need to do is get a professional survey done to establish what exactly is wrong. Once you have this report then you can get quotes for putting the work right.

Alex Watts :

This forms your loss

Alex Watts :

You need to write and set out your losses and request a refund the work done within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

Alex Watts :

If they do not hen you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.



If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.



Can I clarify anything for you about this today please?

Customer:

I have asked for payment for underfloor heating £600 as they keep saying it was not sufficient. My argument there is they asked what form of heating I was having so should have informed me of what spec if it is that important? They didn't. The spec by the way is the top of range and sufficient. They era chasing me for the spec information but not going to send it. I already have another conservatory 15 years old and have not had one problem and it is colder than this new one. Also asked for payment payment I had to put towards the door £400, the cost of radiator £100 and I have now just asked for the carpet paying for which would be around £400. Plus a letter of apology which we both know wont come. Asked for most 2 weeks ago which came to £1,100 - today just sent letter asking for carpet? I am not one for doing this but is that it. Do they just get to walk away as I have never been able to enjoy what I hoped to get. It is not what I paid for 18 months of endurance and now having to be under the Doctor with anxiety and stress over it all?

Customer:

The thing is it never stops. Just when you think its over something else appears. Do I just have to put up with that.

Customer:

They didn't build it right in the first place and over 18 months on they are still patching it up.

Alex Watts :

Ok - this is why you need to get a survey to see exactly what is wrong.

Alex Watts :

If it goes to Court you can use the survey as evidence

Alex Watts :

Does that help?

Customer:

All of this is helpful Alex. So what if the survey state all good now - its been 18 months of hell?

Customer:

If the survey does highlight other problems Coral will just attempt to fix them. This could just keep on going?

Alex Watts :

You get a number of quotes to fix and if they do not within 14 days take them to Court as I indicated above.

Customer:

Is there a point when it is enough. they surely have FAILED to provide what was sold to me? Or is that me being misguided? It just does not seem fair that it can just go on and on and on.

Alex Watts :

Indeed. But the Court can't award you compensation if they dont know what is wrong. To show what is wrong that is why you need a survey.

Alex Watts :

Then you can take stock and issue proceedings.

Alex Watts :

But a Judge will help see WHAT has gone wrong and what needs fixing.

Alex Watts :

Does that clarify?

Customer:

Ok Alex - next step is survey. Now don't know if you can answer this, that is allowed too. So I get the survey done. Legally, do I have a case to proceed against them on the basis 'they did not do what they promised', that is build a conservatory fit for purpose? Or am I flogging a dead horse here. I don't want to got to court but it does not feel right to just accept what we have had to put with and they get away. It is STILL ongoing, they STILL need to come and make good the wall area around the door because they,ve just left it and it is chipped, paint of, gap in skirting. This is still happening 18 months on. We have not got past 2 months before something else happens. Plus, the fiasco with the planning, it still feels a bit dodgy but I don't know.

Alex Watts :

Yes you have a case against them on what they have not done as promised.

Alex Watts :

But you need a survey to establish (and for the Court) exactly what is wrong

Alex Watts :

Does that help?

Customer:

Hi ALEX,

Customer:

Thank you Alex, that does help. Need to get the survey, got it.

Customer:

May be back with more questions but not today. Have a lovely evening and thank you again.

Customer:

Oh, when I sign in again would it be you that I connect with again? Sorry, just never done this before.

Alex Watts :

Sure no problem - once you rate then the answer does not close

Alex Watts :

Does that help?

Customer:

That helps and the rate is excellent, you have been very helpful. Kind of think I'll be in touch but first need to sort the survey.

Customer:

Many thanks again.

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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