E90Post
 


GT Haus
 
BMW 3-Series (E90 E92) Forum > BMW E90/E92/E93 3-series General Forums > Regional Forums > UK > UK Off-Topic Discussions > Any Legal Experts on Here re Sale of Goods Act



Reply
 
Thread Tools Search this Thread
      07-28-2012, 02:55 PM   #1
magic77
Colonel
United Kingdom
37

 
magic77's Avatar
 
Drives: 335i
Join Date: Apr 2009
Location: Surrey


Posts: 2,675
iTrader: (0)

Any Legal Experts on Here re Sale of Goods Act

My saga with the roof people continues however I'm struggling to find one piece of information.

That is in terms of lega standing if the sale of T&S simply state I must allow them to rectify the problem can the firm force me to pay for investigation work and make me arrange all the things to prove there is a fault.

Basically the soffits after two years are loose. Its obvious as oon as you toucht them or when the wind blows. But firm director is a cnut and refuses even to get of this back and come on my propety to have a look they are 10 minuts drive from my house.

Had one surveyor who they refuse to accept the report. But just been over their office T&C for the 10 year gurantee on labour and nothing no mention of what they are making me do.

What I need to do is find out legally if its up to them to inspenct and resovlve.

Been going through many websites but none clearly indicate where it stands on onwership of proving if there is a fault or not when a customer deems there is one

thanks
__________________
F30 335i M Sport
Appreciate 0
      07-28-2012, 03:03 PM   #2
fulcrum
Lieutenant
United Kingdom
5

 
Drives: E92 330 M Sport
Join Date: Jun 2011
Location: London


Posts: 437
iTrader: (0)

Write to them setting out your issues and how you want the issue rectified.
If they do not respond or say feck off take them to the small claims court if under 5k. Do it on line - dead easy and cheap -they can not claim their costs from you. I assume your surveyors report supports you.

They will have to put in a defence or concede. Most companies concede and pay your reasonable costs ie the cost of the claim, the cost of the on line application, postage etc and your surveyor costs.
Appreciate 0
      07-28-2012, 03:05 PM   #3
quattrogmbh
Captain
11

 
Drives: BMW
Join Date: Apr 2007
Location: Location


Posts: 633
iTrader: (0)

The average person would expect replacement soffits to last longer than 2 years. The supplier re-iterates this by offering a 10 year warranty on their materials and workmanship.

I would suggest one strongly worded letter sent recorded delivery, setting the timeframe for remedy. An acceptable timeframe IMO would be 1 month.
Note that failure to perform will result in the matter being placed in "outside hands".

If they fail to respond positively to your letter, http://moneyclaim.gov.uk for the full amount originally paid for the work. They can then argue with the court rather than with you for financial elements of the claim.
Appreciate 0
      07-28-2012, 03:06 PM   #4
magic77
Colonel
United Kingdom
37

 
magic77's Avatar
 
Drives: 335i
Join Date: Apr 2009
Location: Surrey


Posts: 2,675
iTrader: (0)

might have to try this mall claims but need to also get a legal understanding on where I Stand with having to get to do the leg work and surveyors as its a pita finding one. Had one do the report all good in my favour as his a quanity surveyor they turne around thats not good enough has to be a building surveyor.
Even though these guys are listing as "Building Disputes and Expert Witness Work"
total joke its bloody roof facvias 2000 worth of work it would be sorted by now.
__________________
F30 335i M Sport
Appreciate 0
      07-28-2012, 03:08 PM   #5
willhollin
Major General
England
122

 
willhollin's Avatar
 
Drives: VW T5
Join Date: Apr 2008
Location: Worcestershire


Posts: 9,918
iTrader: (1)

Garage List
Will you home insurer maybe help out? You probably have legal cover.
__________________
Appreciate 0
      07-28-2012, 03:10 PM   #6
quattrogmbh
Captain
11

 
Drives: BMW
Join Date: Apr 2007
Location: Location


Posts: 633
iTrader: (0)

hmm.. Would seem strange that a quantity surveyor would write a report on building matters.. What you are looking for is someone who is RICS registered (Chartered Building Surveyor)..

They can pay for their own survey to contest it, hence why you need your chap to be industry recognised. A chartered surveyor is not going to argue unnecessarily with someone equally qualified. It will become an issue for their institute and one is likely to become delisted :-)
Appreciate 0
      07-28-2012, 03:11 PM   #7
magic77
Colonel
United Kingdom
37

 
magic77's Avatar
 
Drives: 335i
Join Date: Apr 2009
Location: Surrey


Posts: 2,675
iTrader: (0)

thanks I might give my house insurnace a call as wehave legal as I really want to find outwhere I stand in regards to having to prove the fault. If it comes out ownership legally is on them makes my case stronger and I can also throw in some additioanl ammo on the case. If not then I will redo the report using abuilding surveyor and hit them then on legal.
__________________
F30 335i M Sport
Appreciate 0
      07-28-2012, 03:17 PM   #8
willhollin
Major General
England
122

 
willhollin's Avatar
 
Drives: VW T5
Join Date: Apr 2008
Location: Worcestershire


Posts: 9,918
iTrader: (1)

Garage List
Good luck!
__________________
Appreciate 0
      07-28-2012, 03:44 PM   #9
AlanQS
Colonel
Scotland
25

 
AlanQS's Avatar
 
Drives: 320d SE Coupe
Join Date: Jan 2008
Location: Glasgow


Posts: 2,522
iTrader: (0)

Garage List
If the Quantity Surveyor was a Chartered Quantity Surveyor and he gave you a report on the condition of the work then he was fully authorised and qualified to do so no need for a Chartered Building Surveyor as the RICS has only one qualification - Chartered Surveyor. But the RICS has quite a few separate divisions - e.g. QS, Building Surveyor, General Practice surveyor (e.g. some Estate Agents), Marine, Land, etc.

Building and Quantity surveyors are the main types for construction work and both are equally qualified to comment on work detailed in the OP's post.
__________________
Appreciate 0
      07-28-2012, 04:48 PM   #10
magic77
Colonel
United Kingdom
37

 
magic77's Avatar
 
Drives: 335i
Join Date: Apr 2009
Location: Surrey


Posts: 2,675
iTrader: (0)

Thanks Alan he is on the report it states Chartered Quantity Surveyors
__________________
F30 335i M Sport
Appreciate 0
Reply

Bookmarks

Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump


All times are GMT -5. The time now is 11:31 PM.




e90post
Powered by vBulletin® Version 3.7.0
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
1Addicts.com, BIMMERPOST.com, E90Post.com, F30Post.com, M3Post.com, ZPost.com, 5Post.com, 6Post.com, 7Post.com, XBimmers.com logo and trademark are properties of BIMMERPOST