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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor
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Jones.Further to my previous questions on the same

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For Ben Jones.Further to my previous questions on the same subject, I have the following further question.Hello Ben.
I have contacted the installer, Richard Buxton. Below are my comments and his responses. It is clear I am not going to get any cooperation. Is my next action to contact the Trading Standards Office or to engage a solicitor? My dealings with Trading Standards have proved difflcult in the past. On the last occasion I had to deal with them indirectly through the Citizens Advice Group and I did not receive a reply.Hi Richard.
Soon after the commissioning on 19th March 2015 of my new boiler, I carried out my own tests. These showed that the boiler was not modulating. During the burner-on periods of every cycle, the burner input to the boiler was consistently 16 kW. I have tried to negotiate some sort of settlement with the manufacturer but they refuse to help in any way. I have taken legal advice and I am told that my course of action is against the installer.
I need to meet with you to discuss all the options available. Please give me some dates that are convenient.
Jim SambrookDear Mr. Sambrook,
Thankyou for your email.
As I understand it Worcester Bosch the boiler manufacturer have confirmed the boiler is operating correctly.
If you wish to take this matter forward your next step would be to produce an independent report on the operation of the boiler.
The report would need to be from someone who is both qualified and legally allowed to work on a gas appliance.
Without this I do not think you can progress with your claim.
Regards *****Dear Mr. Buxton
Despite the manufacturer's insistence that the boiler is operating correctly, I have tested the boiler myself with all the settings as left by the manufacturer. The main test was to simply run the central heating system as normal with an outdoor temperature of 7°C and an indoor temperature of 21°C. During the test the gas meter readings were recorded over a large number of consecutive burner-on and burner-off cycles. From these readings the heat energy input to the boiler during the burner-on period for every cycle was found to be consistently 16 kW so that the boiler burner output was at maximum virtually the whole time at huge extra cost because of the extra fuel used.. This means that the boiler was not modulating. The fact that the boiler burner keeps cutting in and out is further indication that the boiler is not modulating. It is performing like a standard On/Off boiler.
An independent report is not necessary. The gas readings cannot lie. Anyone who witnesses such a test could not refute the results!
Since no work is carried out on any part of the system, there would be no need to employ someone who is qualified and legally allowed to work on a gas appliance.
You are invited to witness the gas readings during the central heating operation.
Jim SambrookDear Mr Sambrook,
Thank you for your comments however I do not feel competent enough to confirm whether the boiler modulates or not and in such an instance I would revert to the manufacturer
In this case as you are not satisfied with he manufacturer, I think you will need to provide and independent experts report if you wish to progress the concern.
Regards ***** .
Customer: replied 2 years ago.
Is there any way I can contact Trading Standards direct rather than going through Citizens Advice Group? As far as the manufacturer is concerned, I have conclusive proof of inefficient operation of my boiler so I do not fear being accused of defamation.
Regards, Jim.
Hello, thanks for getting back to me. Trading Standards can be a bit hit and miss. You can report matters to them and they will investigate but whether they take them further or take any enforcement action is down to them. In other words, you make the complaint and then it is in their hands so if you do not receive a satisfactory answer or resolution, you would find it difficult to challenge it. The only way to complain to TS is via the Citizens Advice consumer helpline 03454 04 05 06, online via: or in writing at the following address: Citizens Advice consumer servicePost Point 24Town HallWalliscote Grove RoadWeston super MareNorth SomersetBS23 1UJ You do not have to go via TS though and if necessary can pursue your ow private claim directly straight away. You do not need a solicitor for this but you can engage one if you wanted to. This is your basic legal position. I have more detailed advice for you in terms of the steps you must follow if you decide to make a claim now via the County Court, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
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Customer: replied 2 years ago.
I would be happy to receive more detailed advice in terms of the steps I must follow if I decide to make a claim now via the County Court.
Regards, ***** *****
Thank you. Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: 1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter. 2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action. 3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.