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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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On 23rd August British Gas (BG) carried out the annual

Resolved Question:

On 23rd August British Gas (BG) carried out the annual service to our boiler and warm air central heating. The engineer found that the pilot light was out and he relit it. On 4th September I became aware that the heating had not come on at 6.45 and found that the pilot light was out. As it had been mild since the service I was not able to say when the pilot had been alight last. I phoned BG and another engineer came and relit the pilot light. All seemed OK. However on 5th September it was out again. An engineer called and relit the pilot light. The following day there was no heating so BG sent an engineer and this time he replaced the faulty thermocouple and the system is working satisfactorily.
The next day we noticed a lot of scuff marks on the vinyl flooring in the kitchen and realised none of engineers had used sheeting nor plastic covers for footwear. My wife decided to have a go at removing the marks using a wet cloth and a broom. In doing so she injured her back. She could hardly move and I telephoned 999 for assistance and a paramedic arrived to help her into a chair.
I subsequently complained to BG and in due course we had a visit by a service manager who expressed concern that the engineers did not have protection against marking the floor. He felt that if the vinyl was steam cleaned there was a danger that it would destabilise the adhesive. We also pointed to marks in the hall where the engineers had walked having been in the garden checking the vent in the roof. He agreed to having the carpet steam cleaned and this was done within a few days. The operator didn't feel able to suggest a cure for the scuffing. We will have to bear the cost of water and electricity.
We wrote further about my wife's problems with back hoping for an offer for the pain she has suffered or an offer to enable her some treatment. However in a letter to us the Customer Manager advised us that she has spoken again to the Service Manager and was advised that British Gas cannot accept that they are responsible for personal injury in this instance. On the other hand but for the scuff marks, due to the lack of the protective covering, she wouldn't have had to try and remove them .
We have been advised that the Operations Manager and the Regional Manager have reviewed our complaint and both have confirmed they are satisfied that the outcome is fair, reasonable and conforms to their Terms and Conditions. This will now be their final response regarding our complaint.
They advised us that we could refer our complaint to the Financial Ombudsman and enclosed a leaflet accordingly. My wife phoned the office but was told that they would not be able to help.
Do you have any suggestions for the way forward?
Submitted: 7 months ago.
Category: Law
Expert:  Jamie-Law replied 7 months ago.

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

How much are you seeking to claim please?

Customer: replied 6 months ago.
My wife is 82 and is seeking £1500 to cover medical expenses for possible acupuncture and/or osteopathy for the back injury incurred when cleaning the kitchen floor scuffed by the gas engineer as explained in the earlier approach to you. In addition there are expenses with the water and electricity in connection with the carpet cleaning. I apologise for the delay in responding to your question but we have had visits to the doctor and she is due to have an ear operation next week.
There is no mention when a question is considered closed.
Expert:  Jamie-Law replied 6 months ago.

You need to write and set out your losses and request a refund within 14 days or say 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://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-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?

Expert:  Jamie-Law replied 6 months ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 stars before you leave today.

I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.

Please bookmark my profile if you wish for future help.

Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 3647
Experience: Solicitor
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