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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70708
Experience:  Over 5 years in practice
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I had a Central Heating Management System fitted to my

Resolved Question:

I had a Central Heating Management System fitted to my boiler in December at a cost of £4150.00, it has never worked properly and has constantly broken down, often on a daily basis. We have had hardly any central heating all winter and often no hot water. It has cost me several call-outs by local engineers to get the system running again. Can I take this company to court and have them remove the system from my boiler and refund my money>
Kind regardrs Trevor Soanes
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

Why did you call out engineers?

Did they refuse to come back?

Customer: replied 1 year ago.
I had a poor response from the installers, when it broke down in the beginning of Feb I phoned them and was told it would be 3 to 4 weeks before they could get an engineer out because they were busy. Thats when I got a local engimeer again. In the event it was 5 weeks before their engineer came, and I kid you not he was here for 10 minutes. All he did was turn down the speed of the pump which didnt do any good at all.
Customer: replied 1 year ago.
Are you still here?
Expert:  Jo C. replied 1 year ago.

Have you only asked them to attend once?

Customer: replied 1 year ago.
No, the contract says that a surveyor call after installation to check everything is in order. The system was already breaking down and I had to make repeated calls to get one out. He came about 4 weeks later, I complained about the system breaking down but all he did was to adjust the radiators and left. The system still wasnt working and that was when I called a local engineer the first time. Then I called them at the begining of February as I stated in my previous and he arrived in March. I called them again 2 weeks later and the same engineer phoned and said he couldnt do anything but I should turn the boiler thermostat down to the minimum. That didnt do any good and that was when I sent the recorded delivery letter. They phoned and asked for one more chance to put it right and they would send an engineer on an all day call to put it right. HE arrived at 4pm in the afternoon and left at 7pm saying he couldnt fix it and left us with no heating or hot water. After further phone calls to them a senior engineer arrived with an electrician about 2 weeks later and the system still isnt working, we have hot water but no heating. That was 2 weeks ago.
Customer: replied 1 year ago.
The bot***** *****ne is that we are fed up to the back teeth and just want this system removed, our boiler put back to the way they found it and our money refunded. Do I have grounds to take them to the small claims court with a chance of success?
Expert:  Jo C. replied 1 year ago.

Well, it depends.

Clearly there is a claim here. They fitted a system which wasn’t at rock bottom price and it doesn’t work properly. There are a whole load of consumer rights issues arising from that.

The question is whether it can be enforced and in what way.

I do think that is the facts are as you say then a court would say that you gave them a reasonable opportunity to repair it. At least you get over that hurdle.

Whether you can claim a full refund is another matter. You are gong to have to show that this system could not work even with repairs to make that remedy one that the court would accept. Courts will always look for the most painless remedy that is available and a repair might well seem attractive.

If that cannot be achieve though then, in theory, you have a claim for the full amount paid.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
Well I guess I shall have to try and see.if a court will do anything about it. If this company should call in outside specialists to argue their case would I be liable for their costs?
Expert:  Jo C. replied 1 year ago.

Not unless they could show that you had brought a frivolous or unreasonable claim. This is a small claims court sum so costs are unlikely.

Customer: replied 1 year ago.
OK Jo, thank you, ***** ***** late and I need to get to my bed, Goodnight.
Expert:  Jo C. replied 1 year ago.

No problem.

All the best.

Please remember to rate my answer.

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