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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 9053
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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We have an issue with Anglian and have just received a

Customer Question

We have an issue with Anglian and have just received a solicitors letter from them and are wondering how best to proceed
JA: Thanks. Can you give me any more details about your issue?
Customer: Very long... but in brief, Anglian have built an orangery on our home, which is 90% finished. We will not have them back on site due to a catalogue of errors They put footings in place that we thought were too small / incorrect, but they lied to us and said they were OK and continued with the build. We asked for Anglian to put in wiring that footings were correct, the project manager said he would , but 3 weeks of asking and nothing appeared so we requested a structural engineer and he confirmed our fears build was taken down and floor dug up new project manager assigned. We asked for new builders, as current one supplied could not build it correctly or straight (pillars had to be taken down twice), the 2nd builder became ill a few weeks in and Anglian could not replace him, so only 1 builder who did not know really what he was doing - no insulation put in floor, door and windows did not fit openings properly we asked them to leave site, story is much longer but I believe they are in breach of contract and have not carried out the work to a standard recognised by the 1982 goods and services act.
JA: OK got it. Last thing — Solicitors generally expect a deposit of about $45 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 11 months ago.
Category: UK Law
Expert:  Alice H replied 11 months ago.

My name is ***** ***** I am happy to help you. What does the letter from the solicitor say?

Customer: replied 11 months ago.
Hi Alice, the solicitor wants to know how we plan to settle our outstanding payment which is they state is for the full sum.Really hard to explain in brief but in short:Signed contract with Anglian for an Orangery,
Work should have started Nov 2014, didn't turn up.
Started March 2015,
Should have taken 4-6 weeks.
Time on site: 16 weeks until they were asked to leave while work unfinished.
In brief, the 2 x builders - sub contractors (we did not know they would use sub contractors) they supplied could not do the job properly and did not carry out the job properly. A couple of weeks in one of the builders broke his wrist and could not finish the job, so a 2nd builder was never supplied although it was a 2 man job, Anglian said it was the sub contractors responsibility but we signed our contract with Anglian.
The builders were sent from Luton, we are in Windsor, their commute was 2 hours each way which they did not like, they arrived after 10.30am each day and left at 2.30pm to avoid traffic. I believe Anglian have a duty of care with regards ***** ***** and demand and we should have had local builders supplied.
The single builder then continued the job on his own, but could not get the build to appear straight, perhaps because he was working alone, I was also worried about his safety, he was using out of date bandstands to stand on and could have fallen.
We were concerned the footings were not correct, Anglian said they were and if we allowed job to continue they would put in writing, we did, but nothing appeared in writing. A structural surveyor confirmed 3 weeks later that footings were insufficient for build so the whole build had to come down for 2 x reasons: not straight and not built on strong enough foundations.
I made it clear to a manager at Anglian that I would not be paying full price for the lies and deceit and inconvenience of having it taken down, my biggest concern was if we had not had building advice we would have paid for the build in full and it would have begun to deflect in years to come.
Anglian representation said if it deflected or cracked not to worry as they supplied a 10 year guarantee and after that we could claim on our house insurance which directly contravenes the Consumer Goods and Services Act 1982 as does our right to have the build done with reasonable care and skill.
We continued as were given a new site manager (the previous one had not managed a build before only fitting of windows and doors and had no training with orangerys or such like, he was the person who promised to put in writing the footings were correct, he obviously was not qualified to do that particular job).
We were promised the earth, we said we wanted new builders, as one builder alone who had not been able to get it right previously was not acceptable, but Anglian said they refused to pay 2 sets of builders twice. The same single builder on his own tried again, pillars still not straight, so tried again, still not 100%, as a result it took 4 days and 3 x different contractors supplied by Anglian to try and fit the bi-folding door, which does not sit right as the pillars and frame will never be straight.
The builder told us the plaster would fit the insulation, the platster told us the builder would fit the insulation, if my husband had not been present on that particular day and noticed that the plaster was not fitting insulation in the floor, we would have none.
I would like to understand what standard Anglian are required to build do, as there was no SAP calculation done under the guise of the build being an orangery.
It seems there is a case for misrepresentation from the sales man initially who led us to believe that we could have the back of house opened up to allow for Orangery without building regs by stating we would put a 'barrier' in place.
Our kitchen was covered in dirt and dust for over a week with no care or concern or contact by the new site manager who busy with another problem job and the paint on our kitchen walls was ripped off by their duct tape and their lack of care for our home.
I advised the new site manager that I was entering into a time of the essence contract with him as per the Goods and Services Act 1982 and set a date for work to be finished by which he agreed, this was not met. Further issues with door locks being broken, doors leaking, roof not finished properly, pointing not being done by the original builder as site supervisor said he was not capable and would have to supply someone else at a later date. Work men being rude and abusive and leaving us on one particular night with no lock on the back of the house, just a small block of wood to stop an intruder.
We have 2 kids a 2 year old and a disabled 7 year old, I pleaded with Anglian to get this right but there was no duty of care for our family.
HSE regulations were not adhered to on site by the builder, the site supervisor actually reported the builder to a Health & Safety Anglian operat
Customer: replied 11 months ago.
at the end of the term (2nd site supervisor) as he was not adhering, the first supervisor did not do this and this resulted in the steps to our garden being left opened and dangerously exposed which resulted in my mum having a fall, the original site supervisor said, tough it is a building site. The 2nd site supervisor said not acceptable. I made a complaint via their complaint process but nothing happened, I made a formal complaint in writing to the MD and was told the Luton Manager would resolve, but the Luton Manager happens to be the brother of the first incompetent site supervisor.
Customer: replied 11 months ago.
Regardless, the complaint was sent last May 2015; their policy states 8 weeks to answer - to this date, no answer gained.
Customer: replied 11 months ago.
After time of the essence contract expired, I advised Anglian that we had lost complete faith in their ability and we would get another builder to finish the last 15% of the build.
Customer: replied 11 months ago.
We have had to have bi-folding door fitted by another firm - as best they could, as it was leaking, the door had been left by Anglian held in place by 4 x small screws only. It could have fallen out at any given time.
We had to purchase the roof coping stones, have the roof finished externally and internally and have the build properly pointed. They are happy to remove these costs once reviewed from their bill, but my issue is this:
if we did not have a friend with building knowledge, we would not have questioned the footings or insulation or anything else (probably the wonky piers by view), but we would have paid full price to a company for a build we thought was professionally and accurately put in place, but in fact is thrown in place with no cause or concern for whether it is safe or will last and do not build to Building Regs as they make sure they use loop holes in their contracts which means they can operate outside of building regs. I am likely to have costs in the future if the windows fail, if the roof leaks, if I need to fit insulation because it is not warm enough. We no longer have a guarantee and I would not allow their negligent, unqualified, incompetent works on my property ever again anyway. But I need money to put right the things that will go wrong because they did not build it right. I consider them in breach of contract.
Customer: replied 11 months ago.
There are loads of other little things, like the fact that we were supposed to be away for the weekend, but it got cancelled as our 7 year old had an episode of CVS which is part of his disability and when I looked out of my kitchen window on the Saturday morning, a woman was in my garden, taking down the wonky piers with building gloves on and handing them to the builder, when I asked you she was, she was the builders wife who had come to give him a hand! She was not qualified, or employed by Anglian so had not sub contractor status, she was trespassing and not insured.
Customer: replied 11 months ago.
No response received - can I have my money back please.
Customer: replied 11 months ago.
Good Morning, can someone please come back to me with regards ***** ***** my money?

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