Difficult pool builder

[Steve]

Hi

We had a pool put in this year which was finished in May. The liner had a few creases and underlations in it, these being noted by the builder and ourselves when it was commissioned. He said he would come back and sort it. We did pay him his final installment at that point.

Throughout the summer we asked for these creases etc  to be sorted but the builder  was always to busy. The builder had said that the work would take around 2 hours.

In August we still hadn't been able to get the builder out to do the work, therefore we contacted the pool supplier(Waterair) who very quickly organised to visit us along with the builder. (The builder was recommended by Waterair). The Waterair manager told us that a date would be set for the work to be done in September and that to do the work the pool would need to be drained down to a depth of 20cms. Not quite 2 hours work. The builder would drain the pool and remove the margelles to allow the de-creasing to take place. At this point we asked who was going to pay for the water to refill the pool as it was being emptied as part of rectifing the builders mistake when he fitted the liner. We were told not to worry about this. They, both the original pool builder and a Waterair technician, turned up and did the work. Waterair told us to bill the builder for the water(172€) which we did. He replied after the four weeks we had given him to pay, saying there was no agreement on the water cost going to him therefore he would not be paying. We then wrote back(recorded on both occasions), saying that he had to make good all costs, including the water, from his work as the fault was caused by him. We gave him a further 3 weeks to pay. The 3 weeks have past and we have heard nothing. Our view is that we should take him to a tribunal but we are unsure on our position and on the process of taking someone to a tribunal.

We would appreciate any views, clear guidance and clarification on our position

Thanks Steve

[Sunday Driver]

From what you say, Waterair acknowledged that you had a problem and stepped in to organise a prompt solution for you.  They arranged for the builder to complete the adjustments to the lining and assured you that the water refill costs would be met.  They subsequently told you to bill these costs to the builder.

From the builder's point of view, he does not appear to have agreed to this arrangement, so he'll argue that he's within his rights to refuse.

I'd be inclined to ask Waterair to intervene again and put pressure on him to settle the water cost.  After all, if they were to withdraw his 'recommended' status, he'd be likely to lose more than 173€ in the long term.  On the other hand, having indicated you'd be paid, they might just pay you themselves to settle the dispute quickly. 

From your own point of view, taking legal action for an amount of 173€ is unlikely to be cost effective.

 

 

[NormanH]

Have you any idea of the economic situation which makes your petty whinge look ridiiculous?

[Renaud]

Norman, with that attitude the only thing to do is to shut the forum down.

[Clair]

[quote user="NormanH"]Have you any idea of the economic situation which makes your petty whinge look ridiiculous?[/quote]

Norman, can you indicate the amount you deem sufficient for a financial query to be worthy of concern? Please?

[NormanH]

Anything over the SMIC?

Seriously there are people here bleeding to death because their income in Sterling has gone down 200-400 euros a month..and you are bleating about an one time over payment of 173 euros

[Clair]

Anything over €8.71 then?

[NormanH]

per hour

[Boiling a frog]

Norman, this poor chap has suffered a loss of around 170 euros, I think that he should pursue it thro every court in the land by which time he will have no money left , be unable to enjoy his pool, and then he will be as miserable as everyone else who is suffering.

[Jacqui Too]

[quote user="NormanH"]Have you any idea of the economic situation which makes your petty whinge look ridiiculous?
[/quote]

That is just the sort of sh*ty reply you are known for [:@]

Perhaps the forum should shut its doors to anyone who has a job or saving! and god forbid a holiday home in France, we're obviously the great unwashed as for as you are concerned.

[grandjean]

[quote user="NormanH"]Anything over the SMIC?
Seriously there are people here bleeding to death because their income in Sterling has gone down 200-400 euros a month..and you are bleating about an one time over payment of 173 euros
[/quote]

Surely the possible loss of income due to exchange variations is a risk people should be aware of before they leave Blighty.

[Steve]

Norman

Thanks for you educated & intelligent reply.

You assume, wrongly, that we haven't been affected by the sterling situation. You suggest 173 Euros is not worthy of debate and then highlight the sterling difficulties.

I don't think I was "bleating" about anything, I was asking for advice on a French legal position, which is why I posted this under.....French Legal Issues.

 

[Chancer]

I would not expect anyone else to pay for the water in my swimming pool.

On the other hand I dont have, and am very unlikely to have one.

FWIW I think that the OP has received customer service of a standard virtually unheard of in France and should consider themselves very fortunate.

[Boiling a frog]

[quote user="Steve"]Norman

Thanks for you educated & intelligent reply.

You assume, wrongly, that we haven't been affected by the sterling situation. You suggest 173 Euros is not worthy of debate and then highlight the sterling difficulties.

I don't think I was "bleating" about anything, I was asking for advice on a French legal position, which is why I posted this under.....French Legal Issues.





 


[/quote]

 

Most people, I suspect , would consider it crazy to pursue a sum of 172€ through a legal process, whether in the UK or in France.There is no guarantee of winning, it will certainly cost more than that in legal fees and even if you did win there is no guarantee that legal costs would be awarded.  

[Val_2]

Considering it costs approx €120 TTC just to see an avocat to outline your case for a tribunal, hardly worth it and then from €400 upwards each time after that for services and court paperwork. It will also take anything upto three years to come to tribunal. Cut your losses now before you end up out of pocket big time and for a Huissier too, they want several hundred euros to see the thing through and both have no guarantee of you winning a case.

[Chancer]

[quote user="Steve"]Hi
 At this point we asked who was going to pay for the water to refill the pool as it was being emptied as part of rectifing the builders mistake when he fitted the liner. We were told not to worry about this.

We would appreciate any views, clear guidance and clarification on our position

Thanks Steve
[/quote]

You would be well served to heed the above advice.

There are people dying all around the world who do not have access to potable water, if you want to win a moral victory ask the builder to make a donation to one of the charities that tries to help these poor souls.

[Steve]

Boiling a frog

I have never contemplated going the long & expensive route, I thought there may be a small claims court route that would possibly be available. Hence the original request. It seems that the Huissier de Justice is the equivalent here.

[Steve]

I agree with your highlighted point.

however I think you need to get out more

[Patf]

Neighbours have had problems with their pool and had to empty it TWICE. Their last water bill was 700€ [:@]

Not that it helps you, I know, but owning a pool seems to have many unforeseen costs.

 

[Benjamin]

The knockers are out in force again just because Steve expects that when someone says they'll pay they actually do so.

For those posters who think it's not worth pursuing €173 what's your limit then? Obviously more than €173.

[cooperlola]

I have to say I'm amazed at the cost of filling a pool.  173 euros is double my entire annual water bill.

Whether or not one pursues a claim for an amount of that sort is of course a matter for individual choice and nothing else.  However, if we never object when we feel we're being ripped off then nothing will ever get done, will it?  It's the principal of the thing, I guess.

[Benjamin]

[quote user="NormanH"]Anything over the SMIC?

Seriously there are people here bleeding to death because their income in Sterling has gone down 200-400 euros a month..and you are bleating about an one time over payment of 173 euros

[/quote]

I'm trying to get my head around this.

 People are 200 to 400 €uros a month down so they should not bother chasing up €173?

Loads of logic there then.

[NormanH]

You can try a letter  of ' mise en demeure ' for what has not been paid

Try knocking the letter in the link about a bit to fit your case..

[NormanH]

[quote user="Benjamin"][quote user="NormanH"]Anything over the SMIC?

Seriously there are people here bleeding to death because their income in Sterling has gone down 200-400 euros a month..and you are bleating about an one time over payment of 173 euros

[/quote]

I'm trying to get my head around this.

 People are 200 to 400 €uros a month down so they should not bother chasing up €173?

Loads of logic there then.

[/quote]

Thanks. I'm glad you had a moment of lucidity.

[Théière]

[quote user="Patf"]

Not that it helps you, I know, but owning a pool seems to have many unforeseen costs.

[/quote]

Unforeseen, occasionally having to re-fill the pool, change the sand, load with chemical, replace the pump.