Stitched up by FENSA registered window installation - help!

[gidon]

Hi
We had a load of windows done - one set March last year and then some more November time. The company were FENSA registered and came well recommended.
Anyhow right at the end of the installation of the second set of windows - the company went under! The company who took their work over were very reassuring (at the time!) that they would look after the installation no probs.
Anyhow the silly person at Tavistock Window Centre never got our FENSA certification in - for either sets of windows. And now Duchy windows who took them over say they can't do it because they didn't fit them and plus they don't think the workmanship is much good! They have advised get a retospective building certificate which they may pay for out of goodwill but I'm doubting that at the minute.
My question is - what's happened to my guarantee for the work? I thought the whole idea of using a FENSA registered company was to protect against this sort of thing? OK the certificate from the council will help selling the house - but if the windows won't open or leak a year down the line - who do I go to - I doubt Duchy's goodwill will last very long - in fact I think it's already run out!?
Any help much appreciated!
Cheers
Gidon

 

[RogerS]

Gidon - what bad luck.

I'm not an expert but just wonder what the legal obligations are when a company (Duchy) takes over Tavistock.. What exactly have they 'taken over'? Do Duchy take over the liabilities? .Jake's your man, I reckon.

Have you spoken to Trading Standards? They are usually pretty helpful.

Have you spoken to Fensa?

Did you pay by credit card? Is that an avenue to pursue as the credit card company is jointly liable, I believe. Do any of your insurance policies etc give you free legal advice?

Seems to me that you have two concerns - the first is a bit of paper that you'll need when you come to sell the house. Building Control maybe as you suggest but again what do Fensa say? The second is a guarantee for the work and it will depend on exactly what Duchy took over. Did they take on the liabilities?

Just my two penn'orth. Hope you get it sorted.

Roger

 

[Jake]

I'm not an expert but just wonder what the legal obligations are when a company (Duchy) takes over Tavistock.. What exactly have they 'taken over'? Do Duchy take over the liabilities? .Jake's your man, I reckon.

It's kind of unanswerable, because it depends what they took over, if you see what I mean, but I doubt very much they will have taken on anything but the assets.

I think FENSA require companies to provide (or at least offer) an insurance based guarantee - basically because the glazing industry is so full of dodgy dealers who fold companies like this all the time, and 'phoenix' themselves into a new ltd company.

If you can get hold of that guarantee, you'll have a piece of paper at least - not sure what it'll be worth in practice.

 

[Taffy Turner]

I would give FENSA a call on 0870 780 2028, and ask them for their advice.

They are normally pretty helpful.

Gary

 

[gidon]

Thanks for your replies. I have spoken to FENSA - I didn't find them very helpful - first off it's really hard to speak with anyone - the number on their site just gives out messages about writing to them or looking on their website. Anyway I finally got through to them and they told me there's nothing I can do except get a building control certificate or whatever it's called.
I followed up the suggestion of the calling the trading standards - thanks. They were helpful but again told me there's not much I can do! However they checked and Tavistock Windows Centre are still trading according to them - so they are obigated to get me my FENSA certificates - however I can't get hold of them.
I think you're all right - the company that took them over don't take over their liabilities.
It's a joke to be honest - I had no idea FENSA was such a waste of time. All it's meant to say is that the workmanship passes a certain standard - well according to the new company it doesn't and if they don't give out the certificates what's the point. I chased up the certifcates but of course had no idea they were going under.
The best I'm hoping for at the moment is getting the work certified and the new company paying for that. As for guarantee think I'm screwed .
Cheers
Gidon

 

[BradNaylor]

However they checked and Tavistock Windows Centre are still trading according to them - so they are obigated to get me my FENSA certificates - however I can't get hold of them.
I think you're all right - the company that took them over don't take over their liabilities.

From what you've said I doubt very much that Tavistock Windows are still trading - it is just that they haven't been put into liquidation yet. This could be for a number of reasons. A liquidator isn't appointed officially until after the creditor's meeting, which in the case of a voluntary liquidation can be a month or more after the company has ceased trading. As you are not actually a creditor, you will not receive any correspondence about any of this.

It could also be that no liquidator has been lined up to carry out the liquidation. If there are no assets in the company that a liquidator can realise to raise sufficient funds to cover his fee, then he is going to want paying for his services up front. As this can run into many thousands of pounds it is unlikely the company can pay it, and so nothing will happen at all until a creditor such as HM Revenue & Customs winds the company up compulsorally.

I am a little puzzled by the involvement of this other company - Duchy. Is there any link between them and Tavistock Windows? Have the bought the order book? Is their involvement official, or the result of a brown envelope changing hands under a pub table?

If Tavistock Windows is not in liquidation, find out from the Companies House website the name and home address of the managing director. He will be able to sort out your Fensa certificate. Go and see him. Make a small nuisance of yourself. He will no doubt comply just to get you out of his hair.

Everyone else will be hassling him for money. You're just after a chitty.

Cheers
Dan

 

[Oryxdesign]

I'm not sure you can do this after the event but it 's worth a try. Normally you can register with the council that you want to change your windows and ask for the building officer to inspect the work and sign it off as completed competently if you are not fensa approved. It's worth a phone call to find out.

 

[Losos]

If Tavistock Windows is not in liquidation, find out from the Companies House website the name and home address of the managing director. He will be able to sort out your Fensa certificate. Go and see him. Make a small nuisance of yourself. He will no doubt comply just to get you out of his hair.
Dan

You might find he's given his address as the company lawyers or accountants. (This is common now due to the 'terror' threat) but you can go the address on record (at company house) and ask the people there for his home address - As mentioned above you only want the certificate, not money, and I assume you're not a terrorist :lol:

Don't think Duchy will have 'taken on' the old company 'liabilities' so it doesn't look good for you in that respect and I can't think of anything you can do, at least the work is finished and hopefully if there's any minor 'making good' you can do it so there's no problems when you come to sell.

Double glazing, estate agents, second hand car salesmen, and lawyers Grrrrrrrrrrrr :x

 

[gidon]

Thanks for the recent replies - sorry I missed them. Well I can't claim to understand any of this - it seems the company is still trading - but as a limited company. Duchy have taken over their customers but the company is still there in Tavistock and I've managed to get £90 off the manager there (paid him a visit) to pay for retrospective building certification. He tells me I still go back to him with any problems - we'll see! But he has no fitters so not sure what happens!
Thanks again all of you. Hope building control pass the windows!
Cheers
Gidon

 

[Rich]

Losos, don't forget MP's.
Rich.

 

[Digit]

Would that be Military Police Rich? Sounds like a good idea to me! :lol:

Roy.

 

[Rich]

Roy, is there any difference between the two? oh no, there I go again , and I promised I'd be so good. :roll: :roll: :roll:
Rich.

 

[Jake]

Double glazing, estate agents, second hand car salesmen, and lawyers Grrrrrrrrrrrr :x

I don't see how you've blamed this bit of misfortune on lawyers - or even estate agents and second hand car salesmen - maybe I'm looking at it too rationally, though.