Consumer rights with a closed down company

[lizzi]

My mum had a conservatory built 3 years ago. After some recent storms, she has found that one end of the roof is lifting up. Someone told her (I think it was someone from her house insurance company) that it was due to shoddy workmanship. The conservatory was guaranteed for 10 years, however the company who built it has since gone bust. We heard that the director of this company set up his business under another name but that has gone bust too! Mum wants to know if there's anything she can do as it still has 7 years guarantee on it, or if a company goes bust, should she just forget it and claim through her house insurance instead?

[dzug]

It depends whether the bust company was providing the guarantee itself or bought an insurance policy - in the latter event the insurance company should pay.

If she bought it with a credit card or on finance, then they are responsible for fulfiling the contract (ie honouring the guarantee) as well as the bust company.

She always has the fallback of the house insurance.

[lizzi]

Hi dzug, It was the bust company that provided the guarantee. I also read somewhere that if you got finance out then they are also responsible. I'll have to find out from her how she paid. If she didn't get out finance I'm pretty sure she would have paid by credit card. Either way she may have a good chance of getting this sorted. Thanks for your help!

[Ethel]

If she paid by credit card the company is jointly liable under s.75 Consumer Credit Act.

Make sure she pursues this if applicable.

[JRB]

lizzi - if damage showed after a storm I think it will be down to your home insurance. I would be very suspicious of anyone from an insurance company telling me that it was bad workmanship after 3 years, presumably with no other problems. Sorry to sound so cynical but remember that insurance companies don't like paying out at the first asking!