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Alex J.
Alex J., Solicitor
Category: Law
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Experience:  Solicitors 2 years plus PQE
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I recently bought a conservatory from a company called Fusion

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I recently bought a conservatory from a company called Fusion Home Improvements who are based in Spalding. I went through Peterborough planning dept and got my conservatory approved by them, I got a letter back from the planning department saying I could start the build I told Fusion they could now start it cost me £20000, once it was finished I payed Fusion the last installment and asked for my Guarantee, Richard Fairbanks the owner of Fusion home improvements said o.k i'll get one of my people to type it up for you, after about a week I rang Fusion up to ask where my Guarantee had got to to which I was told It would be with me the following Monday, Monday came and went still no Guarantee so I rang them up again this time I got Richard and he said he would type it up his self I waited a few more days rang them up again to ask where it had got to Richard answered I tried to tell him what I was phoning for and he then just hung up on me I phoned him up again to just get an answering machine I then E-Mailed him and so far still haven't received a reply. What can I do?

Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Was this a financial backed guarantee or just a promise from the company to fix any damage/problems for the first couple of years?
Kind regards
Customer: replied 3 years ago.

I was told it was a financial backed guarantee.

Thank you.
I have looked at their website and their is no mention of a financial guarantee. I would be very surprised if it was a financial guarantee, because to give such a guarantee you need a financial bond probably with a bank or insurance company and the company would need to be regulated by the Financial Conduct Authority.
Lets take two scenarios:
1. Assuming it is not a financial guarantee, it is just a guarantee from the company for parts and labour.
In order to take advantage of this guarantee you do not actually need anything in writing from them, even without the guarantee you are protected under S.4 & 13 of the Supply of Goods and Services Act 1982. This means that there is an implied term that the work was done with reasonable care and skill and the parts provided are of sufficient quality and reasonably fit for purpose.
- On this basis this would give you a contractual claim against them if any of the work was shoddy or parts un fit for use. Such a claim would potentially last for 6 years - therefore you have the benefit of being able to bring a claim if the conservatory leaks or is faulty at any time within the next 6 years.
- The other point to consider is that even if they had given you a guarantee of this nature it is only as good as their solvency.
2. Financial Backed Guarantee:
- The problem with this guarantee is, that unless it is underpinned by insurance or bond or bank deposit, it is not really any different to the guarantee described above;
- If they have promised you a financial guarantee (which you have paid for) to put pressure on them to deliver it you can either:
(i) Complain to Trading Standards -
(ii) Sue them for the recovery of any monies paid for the guarantee -
Practical Steps-
- What I suggest you do is write them one final letter - say if they do not deliver up the guarantee that you were sold with 7 days you reserve the right to pursue this in the county court or complain to Trading Standards;
- I would recommend that you then make the complaint to Trading Standards first if they still ignore you.
For future reference, if a builder promises you a guarantee, make sure you do not pay the last installment until you have been given the written guarantee.
I look forward to hearing from you.
Kind regards
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