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Is the guarantee valid when we haven't paid in full?

5 replies

CookieMonster · 16/01/2004 14:40

Don't know if anyone can help me with this, but last summer we had our old wooden conservatory replaced with a UPVC one. To cut a long disaster story short, we ended up with a stained carpet in the hallway due to the fact that it rained very heavily before the new roof went on and they didn't seal the door from the conservatory into the house!
We put in a claim through our house insurance (which will in turn claim from their insurance) and got our new carpet but there is still a dispute going on because their policy was not 'new for old'.
Anyway, before the carpet insurance fiasco started, we decided to pay him £8000 of the £10000 we owed on the understanding that we would pay the rest when the carpet thing was sorted out. The situation now, 6 months on, is that we still have the outstanding money and have written to him stating that we will pay him the £2000 minus the excess we had to pay minus the amount of the increased premiums that we are now having to pay due to having a claim.
He has not responded to this letter so we continue to keep the money but are worried in case our 10 year guarantee might be invalid because we haven't paid the full amount for the conservatory.
Are there any legal eagles out there who might know what the law says on this or anyone who might have an opinion on what we should do next?
We are totally sick and tired of the whole thing and just want an end to the matter.
If you've got this far, thanks for reading.

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fairydust · 16/01/2004 14:43

Have you thought of contacting citizens advice they seem to know the in's and out's of this sort of thing (and they don't charge)

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CookieMonster · 16/01/2004 15:45

Yes, fairydust, it was actually CAB who advised us on the holding back of the money, so we might have to contact them again on this - it's just so difficult to get there atm.

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secur · 16/01/2004 16:12

Message withdrawn

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secur · 16/01/2004 16:13

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CookieMonster · 19/01/2004 12:52

Secur,
we wrote to the company stating our reasons for withholding the £2000 and at the time we got verbal agreement from them that this was OK (realise now should have insisted on it in writing) and they were not disputing it.
Definite visit to the CAB coming up!
Thanks for your input ... CM

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