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Details of my case /legal problem:
I had a central heating boiler installed in mid-February last year, 2019. I was to pay £3,600+ for the boiler, its installation, and its servicing for 12 years. I paid a deposit of £750 before installation.
It is a smart boiler, and when it was installed, the device that connects it to the Internet could not be fully used because the password supplied was unclear.
A few days after it was installed, the radiator temperature fell to a level that did not heat the rooms. I reported this to the installer, but they did not send anyone. I found out myself that I could remedy the problem by completely disconnecting the Internet connection device.
A week or two later, I received a letter from the installation company (FTSE250 listed) requesting the outstanding balance of £2,800+. Since the boiler was working well and I could control it with the thermostat, I paid them £1,250, making my total payment to them £2,000.
In March, they sent the area supervisor to try to resolve the radiator temperature problem with the Internet device connected. He did not replace the Internet device with the unclear password and could not resolve the radiator temperature problem. He asked me to write to the boiler manufacturer about it. I did, copying them in, but got no reply.
Following that, the only communications I had from them were telephone calls asking for the "outstanding" £1,600+.
On 2 July, I received an email from their customer services saying that I had raised a complaint. I wrote back saying that I had not made a complaint and essentially saying I was satisfied with status quo (just £2,000 paid but with the Internet connection problem) and leaving it open for them to suggest any other arrangement. (I already felt that they had taken beyond a "reasonable time" to fulfil their part of the original contract.)
On 9 July, an engineer called with an Internet connection device with a clear password. However, after the engineer had left, it became clear that this did not solve the radiator temperature problem.
I received a final demand from them dated 16 July for £2,800+, i.e. as if I had not made the £1,250 payment. I phoned them, reminded them of the payment already made and telling them that the Internet connection / radiator problem had still not been resolved. I also emailed them the next day. I received a telephone call from them telling me absolute rubbish: 40°C was hot enough, the radiators would explode at 80°C etc.
I put the case on Resolver (resolver.co.uk) on 28 July.
I got a further final demand from them, still for £2,800+, dated 29 July.
On 2 August, someone telephoned me from the company and together and also in communication with the boiler manufacturer resolved the radiator temperature problem. It might be said that lack of installation information from the manufacturer was the root cause of the problem.
I waited for a response through Resolver updating things there as necessary. Eventually, as soon as the site allowed, I escalated the case to the Financial Ombudsman Service.
Late October, I received a solicitor's letter for £2,800+. I emailed them saying £1,750 of it had already been paid. They emailed me back saying that according to their client the £2,800+ was correct. I emailed the solicitor's complaints department pointing out that the demand amounted to harassment on their part. (I had already stated on Resolver that I thought the company's demands were harassment). The solicitors re-contacted their client, the installation company, and it was agreed the £1,250 had been paid. I then emailed the solicitors, essentially saying that if they would provide a new reasonable figure, I would consider it with the utmost priority. I heard nothing back.
Yesterday, 14 January 2020, I received a County Court Claim Form (N15DT), issue date 9 January 2020, with the installation company claiming £656.14, plus £103.82 interest, plus £60 court fee, plus £70 legal representative costs. The particulars state that it is "for goods supplied and Services rendered" and that it was "invoiced on the 18 February 2019". I have seen no such invoice. The only contract I have had with them is as described above and I have agreed no other work with them.
While I might agree that the going rate at the time for the installation of the given boiler might have been £2,656.14, I see no reason I should pay the interest, legal fees and court costs.
I phoned the Financial Ombudsman Service, and they say my case has not yet been assigned to an investigating officer.
What is my best course of action legally and monetarily? Would it be appropriate to apply for strike out? For the whole amount? Just for that beyond £656.14? Pay up and stop wasting my time and possibly that of others? If I paid them, could they not say that this claim was for some work that, of course, I have not had done and then start action for the work I have had done, that I agreed to in February 2019? To apply for strike out, I would need to use an Application Notice form and pay £255? How does a court decide whether work and/or invoices are fictitious or real?
Finally, it has emerged (last December) that the open condensate connection to the soil pipe (sewer) was installed without a trap (S-bend), so there's a bit of a smell near the boiler. The installation company's complaints department say they are looking into it. Does this mean the installer has still not completed their side of the January 2019 contract? Is it not unquestionable that they have taken more than a "reasonable time" to complete their side of the contract?
I had a central heating boiler installed in mid-February last year, 2019. I was to pay £3,600+ for the boiler, its installation, and its servicing for 12 years. I paid a deposit of £750 before installation.
It is a smart boiler, and when it was installed, the device that connects it to the Internet could not be fully used because the password supplied was unclear.
A few days after it was installed, the radiator temperature fell to a level that did not heat the rooms. I reported this to the installer, but they did not send anyone. I found out myself that I could remedy the problem by completely disconnecting the Internet connection device.
A week or two later, I received a letter from the installation company (FTSE250 listed) requesting the outstanding balance of £2,800+. Since the boiler was working well and I could control it with the thermostat, I paid them £1,250, making my total payment to them £2,000.
In March, they sent the area supervisor to try to resolve the radiator temperature problem with the Internet device connected. He did not replace the Internet device with the unclear password and could not resolve the radiator temperature problem. He asked me to write to the boiler manufacturer about it. I did, copying them in, but got no reply.
Following that, the only communications I had from them were telephone calls asking for the "outstanding" £1,600+.
On 2 July, I received an email from their customer services saying that I had raised a complaint. I wrote back saying that I had not made a complaint and essentially saying I was satisfied with status quo (just £2,000 paid but with the Internet connection problem) and leaving it open for them to suggest any other arrangement. (I already felt that they had taken beyond a "reasonable time" to fulfil their part of the original contract.)
On 9 July, an engineer called with an Internet connection device with a clear password. However, after the engineer had left, it became clear that this did not solve the radiator temperature problem.
I received a final demand from them dated 16 July for £2,800+, i.e. as if I had not made the £1,250 payment. I phoned them, reminded them of the payment already made and telling them that the Internet connection / radiator problem had still not been resolved. I also emailed them the next day. I received a telephone call from them telling me absolute rubbish: 40°C was hot enough, the radiators would explode at 80°C etc.
I put the case on Resolver (resolver.co.uk) on 28 July.
I got a further final demand from them, still for £2,800+, dated 29 July.
On 2 August, someone telephoned me from the company and together and also in communication with the boiler manufacturer resolved the radiator temperature problem. It might be said that lack of installation information from the manufacturer was the root cause of the problem.
I waited for a response through Resolver updating things there as necessary. Eventually, as soon as the site allowed, I escalated the case to the Financial Ombudsman Service.
Late October, I received a solicitor's letter for £2,800+. I emailed them saying £1,750 of it had already been paid. They emailed me back saying that according to their client the £2,800+ was correct. I emailed the solicitor's complaints department pointing out that the demand amounted to harassment on their part. (I had already stated on Resolver that I thought the company's demands were harassment). The solicitors re-contacted their client, the installation company, and it was agreed the £1,250 had been paid. I then emailed the solicitors, essentially saying that if they would provide a new reasonable figure, I would consider it with the utmost priority. I heard nothing back.
Yesterday, 14 January 2020, I received a County Court Claim Form (N15DT), issue date 9 January 2020, with the installation company claiming £656.14, plus £103.82 interest, plus £60 court fee, plus £70 legal representative costs. The particulars state that it is "for goods supplied and Services rendered" and that it was "invoiced on the 18 February 2019". I have seen no such invoice. The only contract I have had with them is as described above and I have agreed no other work with them.
While I might agree that the going rate at the time for the installation of the given boiler might have been £2,656.14, I see no reason I should pay the interest, legal fees and court costs.
I phoned the Financial Ombudsman Service, and they say my case has not yet been assigned to an investigating officer.
What is my best course of action legally and monetarily? Would it be appropriate to apply for strike out? For the whole amount? Just for that beyond £656.14? Pay up and stop wasting my time and possibly that of others? If I paid them, could they not say that this claim was for some work that, of course, I have not had done and then start action for the work I have had done, that I agreed to in February 2019? To apply for strike out, I would need to use an Application Notice form and pay £255? How does a court decide whether work and/or invoices are fictitious or real?
Finally, it has emerged (last December) that the open condensate connection to the soil pipe (sewer) was installed without a trap (S-bend), so there's a bit of a smell near the boiler. The installation company's complaints department say they are looking into it. Does this mean the installer has still not completed their side of the January 2019 contract? Is it not unquestionable that they have taken more than a "reasonable time" to complete their side of the contract?
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