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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49773
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hi, I have had a thermal store hot water tank installed

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I have had a thermal store hot water tank installed 8 months ago, it's in a 4/5 bedroom house but does not produce enough hot water for a single bath. The supplier states they have supplied the tank according to guidelines and because I didn't fit a wood burner it's not going to produce enough hot water. I have spoken to other suppliers who agree it's way too small for the job when given the same remit I gave the existing company. I have raised this with the supplier but they state I didn't tell them what I wanted. For the record I was very clear what I wanted and I stated a number of things. 1) an abundance of hot water 2) extra capacity as we are looking to extend the house in the future. 3) Trappings to fit a wood burner 4) my solar panels were to supply electricity to the in tank heater when not being used by the house.

I have just met with the supplier who denies any liability even though they never wrote anything down during the various meetings and never confirmed in writing a list of deliverables the system would meet.

Where can I got from here, the system is terrible, my old bog standard hot water tank used to produce twice as much water without any problems?

I have asked for the system to be removed and the old tank refitted and a refund but have been told that's not going to happen.

Any ideas welcome!

Many thanks


Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Any way of proving what you asked for and what was discussed?

Customer: Hi Ben, no, it was all verbal when I met with. The heating expert from the company.
Customer: They have provided a 200 litre tank for a 4/5 bedroom house with plans to extend in the near future, I had queried the size of the tank a number of times and had been told it was ok. They actually originally put forward a smaller one and after that I received and updated quote with the 200 litre one.
Ben Jones :

ok let me get my repsonse ready please

Ben Jones :

When you have entered into a contract for work and materials, where the main focus is labour and skill, the law says that the work must be:

  • Carried out with reasonable care and skill – i.e. to a proper standard of workmanship;

  • Finished within a reasonable time (unless a specific time has been agreed); and

  • Provided at a reasonable cost (unless a specific price has been agreed).


In addition, any materials provided as part of the work must:

  • Match their description

  • Be of satisfactory quality


If there are problems with the standard of work, or the materials used, you will have certain rights. You will also have rights if what you have purchased is not fit for purpose, of satisfactory quality, or as described.


If work has already completed, and the other side, you would usually be expected to give them the opportunity to rectify the problem. However, if you can justify why they should not be given such an opportunity, you could refuse to do so.


In terms of potential compensation, you may be entitled to that in the following circumstances:

  • The work was not carried out with reasonable care and skill, or finished within a reasonable time;

  • The tradesman has been negligent in their work;

  • You have accepted a repair, which turns out to be unsatisfactory;

  • The services are unsafe and someone has suffered injury

  • You have incurred additional expenses or suffered inconvenience because of the tradesman’s breach of contract.


In order to resolve any problems that have arisen, it is generally accepted that you follow these steps:


  1. Collect all documents relating to the work (e.g. estimate, contract, correspondence, etc.).

  2. Contact the tradesman and explain your problem. Ask for a refund, a repair, or compensation and set a reasonable time limit for them to respond (7 days is reasonable).

  3. In the meantime find out if the tradesman is a member of a trade association with a mediation service that can help resolve your complaint. If they are not, you may wish to obtain an expert opinion from an independent tradesman specialising in this field to back up your position.

  4. If the matter is still not resolved, write to the tradesman repeating your complaint and how you would like them to fix this. Say you are giving them a final 7 day time limit to resolve the problem or you will ask another tradesman to carry out the work and you intend to recover their costs from them. Advise them that you will not hesitate to issue legal proceedings to seek compensation.

  5. If the tradesman makes an alternative offer, you can either accept or continue to negotiate. Be reasonable and realistic in what you will accept. You may not get an improved outcome by going to court.

  6. If the tradesman fails to respond or refuses to resolve the problem, you can get a different tradesman to complete the work and consider suing the original tradesman for all or part of these extra costs. Remember that court is your last resort and you will need sufficient evidence to prove your claim. Nevertheless, it can be a good negotiating tool because it shows you are serious about resolving this and may prompt the trader to reconsider their position.

  7. Finally, make sure that you send all correspondence by recorded delivery and keep copies.


Customer: Thanks, XXXXX XXXXX good, what can I realistically expect to recover in terms of a part settlement which I this is going to end up. I paid £2.5 k to have it supplied and installed?
Ben Jones :

it's an impossible question to answer really, so many variables to consider, it will depend on what evidence actually comes out, what the judge thinks, etc - on one day you could recover a certain amount, on a different day a completely different on - just the way litigation goes

Customer: Thanks Ben, I'll do what you suggested.
Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and feel free to bookmark my profile for future help:

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