Damp proofing firm not honouring its contract

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Nigel Bright
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Damp proofing firm not honouring its contract

Post by Nigel Bright »

Can anyone tell me the procedure for taking action, legal or otherwise against a contractor who will not honour his contract?
I contracted a damp proofing company from Amelie Les Bains to damp proof my house walls interior/exterior back in 2006. For info the contractor is a member of Siret and our contract says I have a 10 year guarantee backed by Axa insurance.
The job was completed and paid for, but I noticed a yellowing on one of the walls some years later. I called in the firm and they retreated the wall in question in 2012 and I was told that we then had to wait three months for the humidity to disappear. It got better, but unfortunately did not disappear and now some other walls are beginning to discolour as well.
I called him in again this year, but after failing to turn up twice at agreed times I am of the opinion he is not going to come back unless pressurised.
PS: When I say legal or otherwise I do not mean sending the boys round.
Brighty
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Santiago
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Post by Santiago »

You can contact the Chambre des Metiers in Perpignan. I've never done it so that's the limit of my knowledge.
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interiors66
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Post by interiors66 »

Trying to take legal action against a damp proofing company would involve you having to prove that the damp you are seeing now is part of the original problem that you employed them to solve and it's not a result of ingress from somewhere else .
My point is you would need an expert to prove their negligence. This would be almost impossible as damp can appear from anywhere or just be a result of poor ventilation.
Save your time and money and find another company who may be able to solve the.problem for another 6-10 years.
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Post by Admin »

Here's a bit out of a past P-O Life which might be useful tho I would certainly not go for any legal action as it could end up costing you much more than getting another firm to fix it. It's a bugger that kind of thing. Best of luck, hope you get it sorted one way or t'other.
Most problems encountered can be resolved amicably (and free of charge – remember that legal action is time consuming and expensive) simply by complaining to the supplier, manufacturer or distributor of the product or the service provider concerned.

Steps to take before considering legal action …..
1 Send your complaint to the trader by registered letter (lettre recommandée) with proof of receipt. Make sure that you keep personal copies of all correspondence

2. If the dispute is with a large national company (Eg France Telecom) ask if they have a mediator (médiateur) whose job it is to deal with disputes.

3. Write to (or visit) your local consumer association who can inform you about your rights, and assist you in settling your dispute with a trader or service provider.
(‘Maison d'Accès au Droit’ in Perpignan (1 place Joseph Deloncle, 66000 Perpignan) open from Monday – Friday 8h00 - 12h00 and 14h00 - 17h00 Tel : 04 68 66 34 56 accueil_mad@yahoo.fr) They will help and advise you, and where necessary pass your case on to the relevant parties who will try to find a solution. The service is free and confidential.

4 Download a European consumer complaint form (formulaire européen de réclamation pour le consommateur) from http://ec.europa.eu/consumers This form, in 11 languages, has been designed to guide consumers in formulating their claims via a multiple-choice lists of responses. Use it instead of a letter of complaint, always bearing in mind that it could be used in evidence if the case comes to court.

5 Your final step before taking actual legal action is the legal conciliator (conciliateur de justice), a volunteer appointed by the court of appeal judge try to settle disputes between consumer and trader out of court. (Contact details available in town halls or the magistrates’ court (tribunal d’instance) in your area).
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opas
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Post by opas »

I would recommend trying the consomateurs.

We did against a builder and had a favorable outcome. Make sure you have a dossier of everything you have done so far.
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Nigel Bright
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Post by Nigel Bright »

Thank you everyone who took the time to reply. At least now I know where to start.
Regards
Brighty
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