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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 11712
Experience:  Senior Associate Solicitor
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We had a boiler fitted on the government scheme in July, In

Customer Question

Hi there
JA: Hi. How can I help?
Customer: We had a boiler fitted on the government scheme in July
JA: Where are you? It matters because laws vary by location.
Customer: In Rotherham
JA: What steps have you taken so far?
Customer: The boiler stopped working on the heating side after the first day the company have been back several times to try to rectify the problem ripping ceiling down changing pipes but after 6 visits still no heating they are saying it's down to the size of the pipes but it is the original pipes from when built and the pipes are the same from the original boiler they have now washed there hands of the issue and said we have to get the pipes changed the company are called effective heating from Doncaster
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No
Submitted: 18 days ago.
Category: Law
Expert:  JimLawyer replied 18 days ago.

Hi, this is Jim, thank you for the question - I will resolve this for you.

Sorry to hear of the issue. The company which fitted the boiler should have carried out the service with reasonable care and skill - as they did not do so, they have breached your consumer rights (unde the Consumer Rights Act 2015). You should obtain a quote for repairs from another boiler company to know how much to pursue them for. You can claim a refund if you had to pay them for this. If not, you claim the cost of remedial works.

Once you know the sum you want to claim then I would recommend that you send the company in Doncaster a formal letter before action to demand payment within 30 days and say that if they do not pay you, you will issue county court proceedings against them. See attached template as an example of what to say. Please let me know if you cannot see the letter which I have uploaded. You will need to tailor this letter to your situation.

You may also want to threaten a report to Trading Standards (who can be contacted on 0808(###) ###-####.

You will need to register at www.moneyclaim.gov.uk so that you are ready to issue the claim in the event they dispute the claim and do not pay you. The website is very user-friendly and you would not need a lawyer to use the money claim site. Claims with a value of under £10,000 are classed as a "small claim", so legal costs are not recoverable and the matter may be dealt with on paper by a Judge, not at a hearing. A hearing may be necessary if the court thinks that oral evidence is required to dispose of the case.

Claims between £10,000 and £25,000 are subject to fixed costs only so if you lose then the risk is minimal. Further, the money claim website allows you to sue for an amount up to £100,000.

You would claim the sum for the loss, the court issue fee (details of the money claim fees are listed here at page 5:https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/904862/ex50-eng.pdf) and court interest which is 8% calculated on a daily rate from the date of loss to date of court judgment. The site allows you to calculate the interest and add it to the claim. If a hearing is required then there is a fee for this too - see page 7 of the previous link for details. Again, that fee is recoverable if you win.

If you are on a low income or have low savings (or in receipt of benefits), you can ask the court for a fee remission so you do not have to pay the court issue fee.

If you are eligible, let me know as you cannot use the online money claims site – you have to use the paper method, which is an N1 claim form sent to the County Court Money Claims Centre (I have a copy, let me know if you would like one).

If you win then once you have the CCJ from the court the defendant has 14 days to pay in full. If they do not then it gets registered with the credit agencies after 30 days. You can also enforce the CCJ with the county court bailiffs or transfer the debt to the High Court for a small additional fee assuming the total amount owed is at least £600 and you can use the high court enforcement officers who have greater powers than county court bailiffs. The transfer fee is added on to the debt and payable by the defendant.

There are other enforcement methods which I can help with, including bank account freeze, charging order on their property (and then apply to force a sale), application to wind up the company if £750 or more is owed (if suing a limited company), apply to summons them to court for questioning, all of which can ensure you are actually repaid the money.

You may find they just pay you after receiving the letter before action – hopefully they will want to avoid litigation.

I hope this helps and answers the question - please feel free to ask me anything else.

Have a good day,
Jim

Customer: replied 18 days ago.
Hi Jim
Thanks for the advice I will contact another heating engineer to find out what action to take
Thanks Graham
Expert:  JimLawyer replied 18 days ago.

My pleasure, I hope it resolves soon.
Have a good day,
Jim