Anyone with legal or consumer affairs knowledge around??

[ShitShed]

I paid £1000 for a summerhouse back at the beginning of October, I also paid for the company to install it. It has leaked like a sieve from day 1, through the windows, through the door, and water even seeps sideways through the corners and one of the side panels gets soaked. Large patches of the walls are perpetually damp to the touch, and after rain there are small puddles inside the structure. I know the weather has been bad, but I have an older shed from a different company in my garden that remains totally water proof after 18 months. The summerhouse company have made 2 attempts to rectify, first by adding guttering, second time by adding sealant everywhere, but neither has helped. I have asked for a refund and removal of the summerhouse because I can't use it if it is damp and leaky (I was planning on insulating it and using it as a home office.) The company, after 3 months, now say that they do not guarantee that the structures they sell are water proof and perhaps I should paint it. However I paid extra for a pressure treated shed so I didnt need to paint it, and the men who erected it confirmed that it did not need painting! How do I resolve this? Any advice would be wonderful.

Go to your local Trading Standards people, having first read all the promotional material about your summerhouse plus any contract you may have signed, just to ensure there are no "get out" clauses.

Tell them it's not fit for purpose and you want them to remove it and refund your money. How did you pay them? If it was by credit card you can contact the card issuer for a refund.

The fact they have made two attempts to fix the issues before stating they don't guarantee the summer house is waterproof (waterproof or watertight?) suggests they were trying to rectify a faulty product/installation, but to wipe their hands of it now is not on.

I would write to them with a time line from what you ordered, referring to the installer telling you you didn't need to paint it, the attempts to rectify the faults and at this point, as they are unwilling to replace their faulty item, you want a full refund. Check your rights under the Consumer Rights Act and refer to it. You can head your letter 'Letter before action' and state you will take them to court to recover the money you paid them unless they refund you within x number of days. Send a couple of copies of your letter from different post offices and obtain proof of posting.

Thanks for the replies. I did try the not fit for purpose line but thats when I got the not guaranteed water proof response. Im quite irritated by it all, its too much money for me to just let it go! Im thinking of joining which and using their legal advice.

There's not waterproof and there's leaking like a sieve though! Moneysavingexpert has the revelant advice. The point is that you have rights under the Consumer Rights Act. The remedial action they have taken hasn't fixed the problems so you are entitled to replacement or a refund.

Did you pay via credit card? If so, lodge a dispute.

£1k sounds very cheap for something that would be suitable for a workspace?

I paid by paypal, not sure if their dispute process is any good? Also, was planning on insulating it Celeriac since yes, at the moment it is really just a fancy shed hence the price. If I had paid the company tp insulate it (an option they offer) it would have been another grand...I figured I could do it cheaper myself. But even sheds shouldnt be seive like from day 1, surely? And how can I insulate it now I know the whole thing leaks?? Its useless to me.

They are taking the piss. Using terms such as waterproof it naughty as well. Waterproof would be totally sealed...ie you could sink it in a river and it wouldn't leak water in or even out but you expect that an outside building will withstand not letting water in. You need to make sure you have any description of the product on their website in advance if your purchase.

You need to start writing to them and get proof of posting and receipt by them. Don't deal with them on the phone.

Set out clearly what is wrong and why it doesn't meet an acceptable standard. Take some photographs. With a mind to taking them to the small claims court, set out the whole history of what has happened including their attempted repairs. Give them 14 days to respond

If they don't respond, resend the letter with a covering letter stating that if they fail to respond again you will be issuing proceedings in the County Court and will be issuing a "letter before claim"

Frankly they will be mad to allow it to go to court as it is a straightforward case.

Thanks Marie. That's what I thought. Can I ask, does your opinion come from legal/consumer exerience? Anyway, I've been dealing with them via email so I do have an audit trail of their responses. I have already 'threatened' them with small claims but thats when they gave me the 'we don't guarantee waterproof' line. I'm nervous of going to the small claims since they no doubt have a company lawyer who will reiterate the 'no waterproof guarantee' line, which sure enough they dont - the 10 year guarantee is against rot not wet! It's a matter of pedantics, and if the claim went against me I'm even further out of pocket.

Who used the term waterproof though? Was it you or was it them? Leaking windows and roof are not acceptable. We all know that leaks will lead to the deterioration of the structure.

@ShitShed Yes I have legal knowledge without being outing. In addition I have personally used the small claims court or threats of on several occasions as I get pissed off with companies like you are experiencing. Of the 5 times I have threatened it, I have only got into court once as they have backed off. Two of those claims involved national level corporations and insurance company.

The one time it went to court, the judge was absolutely scathing about the behaviour of the defendant in letting it go so far. That was a small local company whose owner was an idiot

Small claims is pretty easy and although there are exceptions the judges are very helpful. I know I find it easy as I have legal knowledge so maybe that shows when I submit claims.

I just get sick and tired of companies that try to bully you and refuse to accept it. My last one was a car insurance company whose client hit my car and then declined liability. The company and the client hated that I could just take the client direct to court and there was nothing they could do to stop me short of settling out of court...which they did with admittance if full liability. I refused acceptance of claim without liability as it would have affected my insurance.

Oh...just bear in mind they are extremely unlikely to send a company lawyer to defend a £1000 claim as the cost of the product to them is far less. They would employ someone local but at a cost of circa £300 + VAT an hour or so do your sums. Of course they may see as a point of principle

You have 180 days from the date of the transaction to open a dispute with PayPal. Most of the time, they will side with the consumer.

Most home insurance policies offer some form of legal cover so worth checking your policy and as it's usually via a seperate company it doesn't impact your claims history and basically nothing to pay

Jim