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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I had a problem with a severed control wire that connected

Resolved Question:

I had a problem with a severed control wire that connected two bits of electrical operating kit on a hot tub.
Contractor attended, I told him I wanted a price for fixing wire and supplying a new bit of kit, a blower ( the thing that makes the bubbles )
I received a quote ( £544 ) for the two replacement bits of kit that the control wire connected. I am not an expert, I presumed at the time this quote covered what I had asked for. It was not. I accepted the quote.
The engineer turned up and fitted the two new parts and I noticed there was no blower included. I rang the company.
I was told the reason for changing the two bits of kit was that the severed wire was not replaceable in isolation. I found that it was. I wrote asking if this was true and asked them again to quote on a blower.
I found that they could have bought a £69 part that would have worked fine.
They then said that I had a blower and the kit that they had sold me was the only way to make it work. To my surprise, I did indeed have a blower. I then found that the kit I had was properly designed to run the blower.
They say one of the bits of original kit, the control panel ( the part you choose what you want your tub to do for you ) did not have a button for the blower. That's why they changed both parts as I would have needed to in any event.
I contacted the tub manufacturer ( Elite ) and the controls manufacturer ( ACC ). Both say the control panel would have had a button marked AUX or would have had a unmarked button both of which are designed to operate the blower. Further, the wiring diagrams in the circuit board show an AIR button. If they had contacted either Elite or ACC they would have been told what I was told.
I now have to enter my defence for not paying them at the small claims court. Do I have a case?
Andrew Marler
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello Andrew my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know what is it you want to achieve?

Alex Watts :

Did you get a second opinion on whether that work needed to be done etc?

Customer:

I want a judge to accept that the contractors could have solved my problem for £69 and that thier statements regarding the control panel not being replaced in isolation and the original kit not being able to operate the blower are wrong.

Customer:

No second opinion at the time as I was happy with the thought of getting a blower and a repaired wire for £544. Written replies from manufacturers of tub and the original control panels both saying the assembly was designed to operate the blower.

Customer:

The very breifest of enquiries would have reveald same.

Customer:

I think they took a look at the panel, could not see an obvious button to work the blower and decided I needed a complete new set up. Or saw me coming.

Customer:

They say they took pictures of my original kit and sent to suppliers of hot tub spares. In emails they say that the severed wire was not replaceable and that the kit would not have operated the blower in any event. I asked for the photos, saying if they were right I would apologies and pay up. They lost the photos.

Alex Watts :

Indeed. If they could have sold it for £69 then your defence is under Section 13 of the Sale and Supply of Goods and Services Act 1982

Alex Watts :

The contractors have failed to act with all reasonable skill and care.

Alex Watts :

Therefore you are not liable and can defend the claim on this basis.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

No, all good. thanks

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