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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46763
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Eighteen months ago I ordered a replacement conservatory

Customer Question

Eighteen months ago I ordered a replacement conservatory from Clearview. It has taken until now for them to resolve all outstanding problems, all of which were of their making. I have had to endure numerous (more than 15) visits for them to undertake remedial work.
Because of the catalogue of errors on their part and inconvenience to myself, I withheld the final payment of just over £1000. They reduced this to just over £500, but as I did not pay within three weeks they have written to me stating that they have written off this outstanding balance but have also made the guarantee null and void. Normally these conservatories have a 10 year guarantee.
Are they within their rights to do this?
Their workmanship was so shoddy I feel they should be reported to Trading Standards.
Please advise
Nicola Reynolds
Submitted: 7 months ago.
Category: Law
Expert:  Ben Jones replied 7 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 7 months ago.

How long after the installation did you experience issues?

Customer: replied 7 months ago.
Immediately.
When they dismantled the existing conservatory they put weld spatter on all the windows in existing French doors, scratched the quarry tiled floor and broke items of door furniture.
When they came to install the new conservatory it was not the same as the diagrams they had supplied. They had to make new window casings to make the conservatory look sensibly balanced, ie roof and vertical windows all in alignment.
Expert:  Ben Jones replied 7 months ago.

OK, thank you for your response. Thank you also for the live phone call request. I am unable to talk at the moment but please leave it with me and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46763
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 7 months ago.
Further to our telephone conversation, I have just read the contract that I signed and it does not mention anywhere that they will cancel the guarantee if payment is with held.
It states 'In the event of any alleged minor defect, you shall not be entitled to withhold more than a proportionate amount of the sum due. If you withhold more money than the value of any outstanding work or delay any payment including any of our final payment without cause then we will apply interest to the outstanding balance at the rate of 2% above the base rate from time to time of Barclays Bank PLC'
They have acknowledged that they have been in the wrong, as they reduced the final payment by £561 to £560 'in recognition of the issues experienced'
Expert:  Ben Jones replied 7 months ago.

Hi there, they cannot just withdraw the guarantee and if you still owe them the money and are willing to pay this £500 or so, I suggest you send them a cheque to cover that and if they accept it then it should give them no reason to try ad withhold the guarantee

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