Damp proof course hasn't worked - rant warning

[Shewie]

Long story short ...

2.5 years ago we paid a well known property contractor to install a chemical damp proof course in our 150 year old house, one wall has remained damp throughout despite having plenty of time to dry out.
With a 30 year warranty included we've been in touch with them to raise our concerns, they've refused to do anything about it until we fill in a claims form and pay them £99 for a survey. If the damp turns out to be their fault we'll get refunded and they remedy the problem, if it turns out they're not to blame then we lose the £99.

This is my gripe, when they did the initial survey they recommended a chemical treatment to cure the rising damp, if they couldn't cure it with their treatment in the first place why did they carry it out and charge us for it. My second concern is the fact that if we pay for a survey then they'll more than likely deny any responsibility anyway, how are we supposed to know whether we're getting ripped off or not?

Anybody been here before?

 

[mountainm]

They should accept an independent survey from an accredited surveyor.

 

[Shewie]

They should accept an independent survey from an accredited surveyor.

Can that be done FOC though, I'm trying to avoid paying anything if I can help it?

How does an independent survey come into it if we're tied into their warranty for 30 years?

 

[mountainm]

Can that be done FOC though, I'm trying to avoid paying anything if I can help it?

How does an independent survey come into it if we're tied into their warranty for 30 years?

Well you'll have to pay but at least it will be independent and unbiased. Then you can point the finger of blame. An independent survey by an accredited surveyor can be used as proof in court that they did not do the right job.

 

[Andy BB]

Like pretty much anything to do with the law, the best advice is to get legal advice! CAB might be able to help, you might get a free initial consultation with a solicitor. But you really don't want to do anything before you get that advice, as it may come back to bite you down the line..............

 

[mountainm]

Like pretty much anything to do with the law, the best advice is to get legal advice! CAB might be able to help, you might get a free initial consultation with a solicitor. But you really don't want to do anything before you get that advice, as it may come back to bite you down the line..............

What he said.

 

[Shewie]

Thanks Mike, I'll make some enquiries locally and see who I can find.

Would I still need to get contractors out first though, then follow up with another survey to contest their findings.

It's all theoretical of course as they might admit blame to start with.

 

[vizsla]

just curious but were is the damp patch ie internal external chimney etc

 

[JAG009]

They should accept an independent survey from an accredited surveyor.

+1 to that ,

If a chemical damp proof course is done properly it should last for years full stop, there are no excuses



Jason

 

[Shewie]

Like pretty much anything to do with the law, the best advice is to get legal advice! CAB might be able to help, you might get a free initial consultation with a solicitor. But you really don't want to do anything before you get that advice, as it may come back to bite you down the line..............

We've been to the local CAB today who just gave us a number for Trading Standards, they've advised us to write to the contractor but I know they'll just tell us we need the survey doing.

Maybe we should cough up the £99 and see what happens

 

[Shewie]

just curious but were is the damp patch ie internal external chimney etc

It's an internal wall between the dining room and kitchen, the DPC was drilled in behind the skirting boards about 4" off the floor. As far as I know the floor is concrete over soil in that area of the house, we've got slate tiles down on top of that.

 

[mountainm]

Clutching at straws but...

If the wall is cold it could be condensation. We had it in a flat in London. No fan in the bathroom and drying washing indoors caused mould on the walls. A dehumidifier sorted it out very quickly.

 

[vizsla]

Ok mate is it a double course wall with a cavity. Or single. Im no expert just thinking as iv dealt with a few

 

[Shewie]

Clutching at straws but...

If the wall is cold it could be condensation. We had it in a flat in London. No fan in the bathroom and drying washing indoors caused mould on the walls. A dehumidifier sorted it out very quickly.

I'll give that a go Mike, I have one somewhere doing nothing.

Ok mate is it a double course wall with a cavity. Or single. Im no expert just thinking as iv dealt with a few

It's a solid brick single layer wall buddy

 

[vizsla]

So if its a single layer and they have drilled and injected it were does the stuff they use go other than in the small drill holl. Obviously if theres a cavity it fill it to stop damp rising through the cavity from ground. Iv seen similar on a chimney breast built out of solid stone collums

 

[Lister]

write them a letter stipulating their duties under the Supply of Goods and Services Act 1982, specifically:

• The Supply of Goods and Services Act 1982 requires a supplier of a service acting in the course of business in England, Wales and Northern Ireland to carry out that service with reasonable care and skill and, unless agreed to the contrary, within a reasonable time and make no more than a reasonable charge.

you could seek to argue that the course was improperly installed and thus didn't work, the lack of care and skill counts as a breach of contract. If costs are incurred for remedial work (survey and repair etc) then you have every right to bill the original contractor for those works IF there has been a breach of contract.

The DTI Quick guide to the Supply of Goods and Services Act 1982 can be found here: http://webarchive.nationalarchives....i.gov.uk/consumers/fact-sheets/page38337.html

We're currently doing a similar thing re: a wall mounted TV that was improperly installed.

 

[mountainm]

This is why I would get the independent survey, because if it highlights they either misdiagnosed or didn't fix the issue they should be liable for the cost of the survey...as well as the repair.

 

[demographic]

Does the damp area extend to more than a metre above the ground?

 

[Imagedude]

Set up a spy camera to make sure that you are not sleep walking! A friend of mine has started 'visiting' the living room at night, at first they blamed the dog...

 

[Trunks]

Set up a spy camera to make sure that you are not sleep walking! A friend of mine has started 'visiting' the living room at night, at first they blamed the dog...

this damp patch isn't yellow is it Rich?


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