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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 20069
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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We also ordered a Conservatory from UV2 now Canterbury Conse

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We also ordered a Conservatory from UV2 now Canterbury Conservatories, work started on
6th April 2009, immediately problems with brickwork out of course, reported to Company immediately, told had to be to get the correct heights etc, plastering terrible, Boss of Plasterers came to put right, did his best, XXXXX XXXXX faults that cannot be rectiified, slopping window etc, we paid £1,300 deposit, a further £5,000 when base & Brickwork finnished, still owe £5,000 heard nothing for months, even after sending a letter of complaint, they called on 24th September 2009, to ask for remainder, by then it was Canterbury Conservatories, came to see the faults on 7th October 2009, agreed them, said they would sort something out, nothing again untill early January 2010, we agreed to pay £1,800 reluctantly, but as a gesture to settle this, they wanted to pick the cheque up the next day, so agreed this, he did not show or phone, contacted them again on 12th February he agreed to pick up the cheque again if we had a letter stating it was in full & final settlement etc, and a receipt, did not show again, no phone call, we have had legal advice, told to give them 7 day's in which to settle etc, have done this, but to date no reply, as this has been going on for over 10 months it has caused a lot of misery, not to say in inferior Conservatory, any more suggestions, we have been advised to return the cheque to the Bank,also very suspicious that they asked for the cheque to be made to Canterbury Conservatories only, and this is now a Ltd Co, I told him this in our last telephone call, and the fact we had heard they were going into Administration, no call to pick up the cheque, they are also not willing to send the letter to us first, so we can get our Solicitor to agree it, as you helped another unsatisfied customer in Cheshire, could you help further, as we have had to put a lot of the faults right, when possible, we do not feel that we should have to pay the balance, they did threaten that if we did not pay any more, they would come and rebuild it, expecting the full balance, but would not do the decorating, tiling, electrics etc, we would have to do all these again at our expense, but we really do not want them back again, after reading all the complaints on the Net, B&Q should take some of the blame, they were recommending them in their stores, but believe the Contract with them has not been renewed, we just do not want anybody coming back to us at a later date, demanding the full £5,000 balance,and have to start all over again with these complaints, it has caused a lot of heartbreak & sleepless nights so far
Submitted: 4 years ago.
Category: UK Law
Expert:  Stuart J replied 4 years ago.

I can tell you how to dispose of this easily. SEND them the cheque payable to the original firm who did the work. Better still, get your solicitor to send it. Make it for what you agree to pay.

Tell the firm that by cashing it they accept the sum in full and final settlement of any claims against you, past, present or future.

Tell them that if they do not accept it they should return it to you.

It takes a very brave person when presented with a cheque not to cash it particularly if they think they are facing a big Supply of Goods and Services Act/Breach of Contract claim.

By all means complain to B&Q but I imagine that they have no liability in their terms and conditions.

If this helps, please accept my answer so that I get credit.

Thank you

JL

 

Customer: replied 4 years ago.

Hello James

Many thanks for your reply, it was good to get another angle on this matter.

The 7 day's I was advised to give the Company will be up tommorrow, and

even though it was stated in the letter that the cheque would not be available

after that, if a settlement was not forthcoming,you would still advise sending the

cheque?

Also it is a Bank Cheque made out to Canterbury Conservatories, as the original

Company went into Liquidation some tiime ago, do you advise us to get another

cheque made to the original Co, even though it no longer exists, these people are

so devious, we are worried where it would be paid to, we are warned not to trust

them at any cost. Most of the other unhappy customers seem to be taking them

to court, they do not seem bothered by any threats from Trading Standards or other

Consumer Bodies, still extracting money, by fair means or foul

 

Expert:  Stuart J replied 4 years ago.

If the original company is in liquidation, then the liquidator is owed the money and is the one who should chase you.

The new firm has no call on the debt UNLESS they bought the assets of the old company.

You need to find out who the liquidator of the old co is.

Don't send a cheque to the new co.

Send it to the liquidator or write to the liquidator and ask how much they will settle for. The liquidator will usually have no money to chase you so...

OR You may prefer to sit tight and wait for the liquidator to contact you.

DONT pay anything to the new company.

I hope this helps.

JL

 

Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 20069
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
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