How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Scots Law
Satisfied Customers: 66712
Experience:  Qualified Solicitor
Type Your Scots Law Question Here...
Ben Jones is online now

We had a new boiler fitted by a GasSafe registered company

Customer Question

JA: Hi. How can I help?
Customer: Hi We had a new boiler fitted by a GasSafe registered company in February 2016. After a few months we became aware that not only had our gas bills not decreased (they advised that the new boiler would be more efficient) but that they had increased considerably. We did not know why this was happening and accessed support from the council's energy advice department as well as having new windows fitted as we thought that maybe heat was escaping. However Gas bills continued to be really high. We contacted this company as we also noticed that when all the heating was off in the summer the radiators continued to be really hot and they said that it was the creep of water round the system and was not costing us anything. These exhorbitant bills continued and the heating was also not balanced properly (something that the company who had fitted the boiler returned to do on several occasions but were unable to do satisfactorily. We then contacted another company who came along and noticed that the the 24 Volt Valve that should have been removed when the boiler was fitted by the engineer had not in fact been removed and this meant that the heating/water was in effect on 24/7 and the new engineer likened it to a boiling kettle. This new engineer removed this and things have been much better since. the original company originally offered us £1500 to settle out of court for our excess gas costs but then paid £1000 and refused to pay any more. I wonder if you feel that we have a good case for a claim? thank you. *****: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No as not sure who we would send this to as no one has asked for it. We contacted the manufacturers of the boiler but they were not interested and also GasSafe who the company were regulated by. GasSafe said that because the offending 24 Volt link valve was removed by another company (although they left the piece with us as evidence) they cannot do anything as the situation has already been rectified before we involved them.
JA: Have you talked to a lawyer about this?
Customer: no
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No that basically sums it up
Submitted: 6 months ago.
Category: Scots Law
Expert:  Ben Jones replied 6 months ago.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. Firstly, I need to ask some initial questions to determine the legal position.

Customer: replied 6 months ago.
Ok yes what are your questions
Expert:  Ben Jones replied 6 months ago.

How much are you hoping to claim and what did they base their reduced offer on?

Customer: replied 6 months ago.
Well we originally asked for £2000 and agreed on £1500 for a settlement that did not involve solicitors. The heating compny paid £1000 into our bank account and then said that his daughter had told him that he should not have paid us anything and that he was not going to pay anything more. Therefore now that we are having to get solicitors/legal advice involved we are looking to claim a further £1000
Customer: replied 6 months ago.
No I do not want to switch to a live phone call
Expert:  Ben Jones replied 6 months ago.

No problem and thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Expert:  Ben Jones replied 6 months ago.

Many thanks for your patience. If you had agreed on a formal settlement with him for the £1,500 then he would be expected to honour that. Failure to do so could mean he is in breach of contract and allow you to pursue him for the balance. The fact you have had to spend money on lawyer’s costs does not mean you can recover that unfortunately – even if you went to court, you would be expected to meet your own legal costs – that is the case for any claim below £10,000. What you could do is pursue him for the actual losses you have incurred as a result of their negligent work – after all, under section 54(7) of the Consumer Rights Act 2015 you have the right to claim damages from them for their failure to conduct the service with reasonable care and skill and if you claim for all your losses (excluding legal costs) then you can deduct the amount already paid but still go for the rest.

Does this answer your query?

Expert:  Ben Jones replied 6 months ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Expert:  Ben Jones replied 6 months ago.

Hello, not sure if you are having trouble seeing my posts? I have not heard back from you since posting my answer and just need to know if your query has been resolved. If you could please post a quick reply to confirm I would be very grateful. Thank you