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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have had cavity wall insulation done by the Mark group on

Customer Question

I have had cavity wall insulation done by the Mark group on week ago. They breached my precast flue and sent down a gas engineer to cap off my gas fire. I have told them I want a replacement gas fire. As I can't use the flue this has to be a balanced flue gas fire. I keep being told they are looking into it but I think I'm being fobbed off! I have told them to offer me a cheque and if I accept the amount offered I will buy the gas fire and get it installed. What do you think my best course of action is? ( There are a number of appalling reviews on the internet of the Mark group's customer services). Mr A Riley
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Do you know the cost of repair/replacement please?

Customer:

I had an open gas fire which needed my precast flue to operate. That flue has been breached by insulation and is not usable. I need a balanced flue fire. The flue cannot be repaired. The fire I wish to get is about £539 + installation (about £200). I have asked the Mark group to consider giving me a cheque ( I didn't express the amount, as I wanted to see if they did accept this solution what they would offer).

Alex Watts :

How old was your other one? Is this like for like?

Customer:

The other fire was 2 years old. As I can't buy the same type of fire which was an open gas fire it is not like for like.

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

Alex Watts :

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

As I'm over 70 my insulation was free under government grant. When you say "set out your losses" do you mean submit a bill which comes to the cost of the fire I can no longer use plus the installation fee it cost me?

Alex Watts :

Yes that is correct. You need to get a number of quotes for doing the work.

Alex Watts :

If you are over 70 you may be entitled to fee remission when it comes to the Court fees.

Customer:

Thanks for your help. Have you finished your advice now?

Alex Watts :

There is not much else I need to tell you.

Alex Watts :

Do you have any questions of me?

Customer:

NO, you have made it clear as to what I should do . Thank you

Alex Watts :

 


If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Alex Watts :

Please remember to leave feedback before you go today

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

If the company says there must have been a fault (hole) in my precast flue blocks which they couldn't have known about. Therefore they are not responsible for the affects on the flue (which can't be used any more) and not liable. They don't get you to sign a disclaimer saying you can't hold them responsible for any occurrence such as the one outlined to you. Do you still think I have a case? Tony

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