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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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This question involves contract law. I took out central

Resolved Question:

Hi, this question involves contract law. I took out central heating boiler insurance some three years ago with SWALEC/SEE, they immediately started taking the premiums from my bank account but after the initial inspection they deemed the boiler and flue
were poorly fitted and the declined to insure the boiler, but instead of returning what I'd paid they continued taking the premiums. I contacted them again about a year later and the same procedure occurred. About 5/6 months ago I again contacted them and
I said that although I realise there was an administrative error on their part they should be bound to the contract as I would be if the situation was reversed. They agreed a contract existed and agreed to service and reinstate the boiler, however they insisted
I provide access to the loft and have a board fitted to which they would mount the boiler. I thought that under the terms of the contract that should have been their duty but to get things going and to show good will I had the loft access enlarged and had
a board fitted. When the engineer called he fitted the boiler but insisted I should employ a roofer to help him fit the flue. The costs now are beginning to escalate so I offered to pay the costs if their roofer fitted the flue. They replied they did not have
a roofer! I think someone is playing games with me, how do they normally fit flues? It cost me £200 to make the earlier alterations and if I employ a roofer I'm expecting they will insist I have scaffolding erected and this will be quite expensive. Therefore
where do I stand and what are my options? Could I insist they provide a roofer to reinstate my boiler under the terms of the contract? I have been almost three years without central heating (I use electric heaters and my electricity is with the same firm)
and could I claim exemplary damages? Could I claim the £200 I spent on the alteration? I think under the terms of the contract this should have been their liability. Thanks, Phill
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello ,y name is ***** ***** I will help you with this.
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 claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Customer: replied 1 year ago.
Hi Alex,
I'm afraid I confused you with my question. What I want to know is can I 'force them to install my boiler' and they incure the cost of the scaffolding and roofer etc, then could I recover damages for hardship, i.e. no central heating for around three years due to their breach of contract. It's good to know your strengths and weaknesses before I get back to them.Thanks,Phill
Expert:  Ash replied 1 year ago.
Oh I see - yes you can do this.
Its a similar process for above but you need to seek an order for specific performance, that is they are REQUIRED to do something. As well as N1 and you also need to complete N16a
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
Does that clarify?
Alex
Customer: replied 1 year ago.
Thanks,
I think I understand and thanks very much. I need to rate you now and once again thanks. I'll click the accept offer at the top of the page.
Expert:  Ash replied 1 year ago.
Thanks!
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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