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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61116
Experience:  Qualified Solicitor
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05.08.2019 we orderd windows from penicuik ltd and paid

Customer Question

Hi there 05.08.2019 we orderd windows from penicuik ltd and paid deposit by cheque 850£. As we where going to change windows size we needed building warranty. All that was included in our contract. Men from penicuik ltd said they will made claim to Aberdeenshire council and get all ready for us. We been told it will take couple mouths. They said that all should be ready at end of October start of November. We phoned end of August to find out how is thinks and been told all good, they just waiting building warranty from council. So time came but no one answer phone and then one number answered and said that company been bust. That nobody working with our order. And we need to made a claim to get money back. We made a claim. And been told that we not gone get our money back. But they didnt do anything. We did not get anything from them. No windows no doors and no building warrant in 3 months. They knew for sure what will happen with company this is why they gave us those dates. How to get money back. Bank can't help as we paid by cheque. We been told there is 5 window companies and one owner. And we made a contract with Penicuik ltd but dealing now with Clearwin ltd
Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: Yes
Assistant: Have you talked to a lawyer about this?
Customer: No
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No
Submitted: 9 days ago.
Category: Law
Expert:  Ben Jones replied 9 days ago.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. Firstly, I need to ask some initial questions to determine the legal position.

Expert:  Ben Jones replied 9 days ago.

When did the company go bust exactly?

Customer: replied 9 days ago.
We been told 18th of October from phone call but lady from bank said 5 th of November...so today..
Expert:  Ben Jones replied 9 days ago.

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Expert:  Ben Jones replied 9 days ago.

Many thanks for your patience. When a person enters into a contract for work and materials, where the main focus is labour and skill, the Consumer Rights Act 2015 says that the work must be:

{C}· Finished within a reasonable time (unless a specific time frame has been agreed)

 

In addition, any information exchanged in communications between the parties, whether written or verbal, is binding if the consumer relies on it. This will include quotations and any promises about timescales or the results to be achieved.

 

If there are problems with any of the above, the customer will have certain rights.

 

In order to resolve any problems that have arisen, it is generally recommended that the following steps are followed:

 

{C}1. Collect all documents relating to the work (e.g. quote, contract, correspondence, etc.).

{C}2. Contact the trader and explain your problem. Ask them to resolve any issues and set a reasonable time limit for them to respond (7-14 days is common).

{C}3. In the meantime, find out if the trader is a member of a trade association with a mediation service that can help resolve the complaint.

{C}4. If the matter is still not resolved, write to the trader repeating your complaint and how you would like them to resolve the issues. Say you are giving them a final time limit of 7 days to resolve the problem or you will have to consider taking legal proceedings to recover your losses and any additional costs.

{C}5. If the trader fails to respond or refuses to resolve the problem, you could consider taking legal action. Remember that court is a last resort, however it can be a good negotiating tool because it shows you are serious about resolving this and may prompt the trader to reconsider their position.

{C}6. Finally, make sure that keep copies of all correspondence.

 

If you wish to take the matter further and issue legal proceedings, assuming you will just be claiming financial compensation, you may issue your claim via the Court’s online portal at https://www.scotcourts.gov.uk/taking-action/simple-procedure

 

Does this answer your query?

 

Customer: replied 9 days ago.
Thank you for answer but I think you didn't understand my problem. Company is bust and they are in administration now. They asked me to fill a form of Proof of debts. So I did 04.11.2019. Because we paid deposit by cheque we going this way. But we didn't get any service from them and they are bust. The costmer service what they provide now and who send to me form to fill says that there is no guarantee that we will get money back. Is there is any other options what we could do to get our deposit back in a full amount?
Expert:  Ben Jones replied 9 days ago.

I see, apologies for any misunderstanding. You are in quite a vulnerable position now. Your fate is in the hands of the liquidators. They are in charge of the company now and their duty is to distribute its assets and money to any creditors. However, you are just an unsecured creditor so you will rank at a lower level than other creditors, like banks and lenders. All of the ones above you have to be repaid in full before they move on to the next level below. That is why there is often not enough money left over by the time they reach you. That is the only way you can expect to recover anything I’m afraid and you have to be prepared for the worst, in that you won’t get anything back., as that is how it often ends up. Does this clarify things a bit more for you?

Expert:  Ben Jones replied 5 days ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Customer: replied 5 days ago.
Thank you for your answer. Do I need to find out if there's ready building warranty, what they should apply for, when I signed contract? I think everything just shows that they knew already that this will happen with their company when they came to my house and was selling me they windows. All what they needed was my deposit. Could it be true? Is there is a point to go to court? They're bust, and who to blame now and how to get money back...they where lieing.
Expert:  Ben Jones replied 5 days ago.

It will be difficult to prove that they knew this was going to happen when they dealt with you and in any event, it would not change the position now. If they are going insolvent then all you can do is contact the insolvency practitioners dealing with it and they will have to be the ones who see if there is any money left over in the company to repay you. But be warned that not everyone recovers money in these circumstances so see any recovery as a bonus rather than a given