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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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New Worcester Bosch Combi Boiler installed on 31st May, reported

Customer Question

New Worcester Bosch Combi Boiler installed on 31st May, reported serious leak on 5th June. Worcester eengineer came on 6th June and replaced a faulty part. The next day it leeked again. I now have serious water damage in my home, much stress and inconvenience. I do feel that as the boiler was only 5 days only this should really be replaced with a new boiler. Worcester will not talk to me about this, as a result of the water I have had my large utility room flooded, everything had to be taken all the floor taken up (wooden floor) ttogether with the various flooring undernesth and now have a hugh machine in the room in an attempt to dray out.

How do I stand with this situation.

Brigette Dixon
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Who sold you the boiler?

JACUSTOMER-ee2b0i64- :

Sold to me by B.& R Heating, Plymouth Devon

Ben Jones :

Have you contacted them?

JACUSTOMER-ee2b0i64- :

Yes. TI contacted st approximately 5pm on the 5th June when I discovered the boiler was leaking. Their engineer confirmed that there was a fault with the boiler and they would contact Worcester the next day. In the meantime I had to leave a bowl under the boiler andI was told to ,mop up all the water.

Ben Jones :

As a consumer, who has made a purchase from a business seller, you will have certain rights under the Sale of Goods Act 1979 (“SGA”) and the Sale and Supply of Goods to Consumers Regulations 2002 (“SGCR”).


 


When you purchase goods, your statutory rights say that you can expect them to be of satisfactory quality, as described and fit for their purpose. If they are not, you will have certain legal remedies against the retailer that sold you the goods (not against the manufacturer).


 


There is no remedy for fair wear and tear, misuse or accidental damage, or if you decide you no longer want the goods. Similarly, there is no legal remedy where you were aware of the fault before the sale or it should have been evident on reasonable inspection that there was a fault.


 


If the goods are not as described, of satisfactory quality or fit for purpose, you have the following rights:


 



  1. Reject the goods and request a refund - this is only possible if the rejection occurs within a 'reasonable time'. This period depends on the circumstances, although it is generally accepted to be within 3-4 weeks after purchase.

  2. Ask for a repair or replacement – if you are too late to reject the goods, or simply do not want to return them, you can still ask the retailer for a repair or replacement without causing any significant inconvenience. The retailer can decline either of these if it can show that they are disproportionate or impossible in the circumstances. If this option is unreasonably rejected, you can instead request a partial or full refund. A partial refund would normally be appropriate where you have already had some use of the goods and the retailer is deducting ‘usage costs’ to reflect the use you have already enjoyed.


 


If the goods are returned within the first six months of purchase, there would be an assumption in law that they were faulty. If the retailer does not agree, it is for them to prove that this was not the case. However, if the complaint is made after the initial six months have passed, it would be down to the consumer to prove that the goods were faulty at the time of purchase or that they do not conform to the legal requirements I mentioned above.


 


If there is still time to reject the goods and request a refund, do so. If you are too late to reject the goods, I suggest that you write to the retailer and let them know that you are asserting your statutory rights under the SGA and SGCR. Advise them that you are requesting a repair or replacement instead and give them 14 days to comply. Inform them that if they fail to co-operate you will have no choice but to commence legal proceedings to recover any damages that have resulted from this.


 

JACUSTOMER-ee2b0i64- :

The boiler was mened by Worcester on the 6th June, and a complete new part fitted. Surely I have now paid for a Boiller that at the time of the leak was only 5 days old, andI literally have a new boiler with repaired parts. Surely I am entitled to have this boiler replaced. Not to say anything about the insurance clim I am having to put through my insurers, which is estimatedto be in the region of Two thousand points, plus I have had to pay £250 excess/

JACUSTOMER-ee2b0i64- :

Surely The Trading Standards Office should take this up on my behalf.

Ben Jones :

TS do not just take anyone's issues further, otherwise they will be inundated with claims by consumers because there are thousands of unhappy consumers for one reason or another every day in the UK. The queries raised in your penultimate paragraph were already dealt with in my main advice above, you do have the right to either a replacement or repair

JACUSTOMER-ee2b0i64- :

As mentioned the boiler was repaired by Worcester, and I feel your advise has completely missed the point.

JACUSTOMER-ee2b0i64- :

As the boiler was only 5 days old, there must be a legal requirement for it to be replaced. At the second leak Worcester say;

JACUSTOMER-ee2b0i64- :

The boiler must hve been dsmsged after it left the fsctory - therefore not their responsibiliyy

JACUSTOMER-ee2b0i64- :

It was probably raining when it was installed- therefore rainwater in it

JACUSTOMER-ee2b0i64- :

The second leak occured because of therain we have had

JACUSTOMER-ee2b0i64- :

The pressure of water in my home is incorrect.

Ben Jones :

I have certainly not missed the point, you have the legal right to request a repair or replacement and this is not something you need to pursue Worcester for but the seller that sold you the boiler in the first place

JACUSTOMER-ee2b0i64- :

I have disputed all these facts, to the extent I have spoken to the Met Office who have given

JACUSTOMER-ee2b0i64- :

me the westher programme form those dates - no rain.

JACUSTOMER-ee2b0i64- :

Also what ddoes SGB and SGCR mean

Ben Jones :

Please see my first paragraph of my main advice which I will post again below:


As a consumer, who has made a purchase from a business seller, you will have certain rights under the Sale of Goods Act 1979 (“SGA”) and the Sale and Supply of Goods to Consumers Regulations 2002 (“SGCR”).


 

JACUSTOMER-ee2b0i64- :

I will certainly pursue the seller and in fact I am going to contact the Local Trading Standards Officer to do this on my behalf. It is about time that the man in the street

JACUSTOMER-ee2b0i64- :

had a voice and is just not put off by the fact they could be inundated with wirk

Ben Jones :

I fully agree and you may find that the more pressure you place on them the further you may get this to work in your facour

Ben Jones :

favour

JACUSTOMER-ee2b0i64- :

You can rely on it at 81 years of age, I am not prepared to sit back and let them walk all over me. Their thought is "its only a woman forget it and she will go away" this they have WRONG

Ben Jones :

I wish you the best of luck with this and hope you get something resolved one way or another.

Ben Jones :

has this dealt with your query?

JACUSTOMER-ee2b0i64- :

Not really, at least not to my satisfaction against my better judgement) I would get some reallly positive help, but this has not been the case. The things you mentioned I already knew I just wanted a direction to assist me. I felt when I went onto this website (against my better judgement) that I would get this, but unfortunately not

Ben Jones :

if you already knew what I have told you then that should at least confirm the fact that you are on the right track and that what you have already read is what your legal position is. I have given you the specific law you need to rely on, the steps you need to take and what you can do to pursue your legal rights. Not sure what else you need apart from for us to take this further for you, which unfortunately is no part of our service

JACUSTOMER-ee2b0i64- :

Perhaps you would enlighten me what SGA and SGCR stand for

Ben Jones :

I have mentioned this twice above but will repeat again:


As a consumer, who has made a purchase from a business seller, you will have certain rights under the Sale of Goods Act 1979 (“SGA”) and the Sale and Supply of Goods to Consumers Regulations 2002 (“SGCR”).


 

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