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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, About four years ago, we had a water filter system installed

Resolved Question:

Hi,
About four years ago, we had a water filter system installed by SilkStream Ltd.
Two weeks ago we discovered that our central heating system was leaking. In summary the leak was found to have been caused by a nail for one of the pipe clips for the water filter system going straight into a central heating pipe. The nail held for over four years before eventually rusting and falling out of the pipe.
As far as I can see, I have a cast-iron case against Silkstream - I have the plumber as a witness, and the piece of pipe he cut out that has the hold from the nail, and finally the nail itself that has rusted.
I spent nearly £1000 firstly getting a leak detection specialist company to find the leak, then getting a plumber to fix it.
On 17th December I informed Silkstream by email.
On 18th December Silkstream replied saying that they had forwarded the claim to their insurers who should be in touch in the next few days.
I have several questions as follows:
1. Surely my claim is with Silkstream, so I should deal directly with them, not their insurers? Is it lawful for them to pass me on to their insurers or should I remind them that my contract is with them, not the insurers?
2. How long should I wait before contacting Silkstream again if I haven't heard from their insurers? What is a "reasonable" time?
3. If the insurers find some excuse not to pay up, what do I do then? There is no real doubt that the fault with my central heating was caused by the nail, so I think I have a good case against Silkstream.
Thanks,
Ed.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know whether any warranty or guarantee was with the work?
Customer:

Hi,

Customer:

The warranty reads as follows:

Customer:

Parts guaranteed for 10 years. 24 months extended warranty to cover labour (total of 36 months). This warranty does not include the by-pass set or hoses, nor does it include any component or pipework that has suffered damage due to mishandling or interference.

Customer:

The tax date for this sale was 7/10/2009.

Alex Watts :

1. Whoever you paid, that is your claim so if it was Silkstream then yes it is them

Alex Watts :

2. You should write if you have not heard back within 14-28 days

Alex Watts :

3. You then issue proceedings against the firm directly, rather than insurers

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 signed delivery and keep a copy.



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.



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.



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.



Can I clarify anything for you about this today please?

Customer:

Hi,

Customer:

Is email ok instead of writing by post?

Alex Watts :

Not really, post is better unless they confirm receipt/

Customer:

They have confirmed receipt of my original complaint by email.

Alex Watts :

Ok, good.

Alex Watts :

Does that help?

Customer:

In summary then, my plan is to email them immediately stating that I will deal with Silkstream only (not the insurers) and they should have reimbursed me by 14th Jan, which is 28 days after my original complaint on 17th.

Customer:

...otherwise I will proceed to Small Claims.

Customer:

Does that sound right?

Alex Watts :

Yes that is correct.

Customer:

Lovely.

Customer:

Thanks for your help.

Customer:

Nearly bedtime....

Alex Watts :

As soon as we are finished it will be bedtime!

Alex Watts :

I have food fatigue

Alex Watts :

Can I clarify anything else for you?

Customer:

Nope, I have a plan.

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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