**WON!** British Gas boiler installation 7 yr battle - 2 yrs into ongoing court claim

[Carnelian]

Re: British Gas boiler installation 7 year battle - 2 years into ongoing court claim

ooh I just found this old case http://www.dailymail.co.uk/news/arti...-blunders.html

I thought might be helpful, although it settled so no precedent it just reminds to keep a good record of all your time and expenses and any loss of earnings etc then add it to the claim

[wealdstoner]

Re: British Gas boiler installation 7 year battle - 2 years into ongoing court claim

Brilliant!

So a boiler that could potentially fall off a wall and rip out the gas pipes attached is not a concern of the Gas Safe Register?!?! Very comforting to know.

Toothless and Useless organisation.

[wealdstoner]

Re: British Gas boiler installation 7 year battle - 2 years into ongoing court claim

Many Thanks Carnelian.

I had seen that story, and well done to the guy for standing up to British Gas.

I have got all correspondence over the past 7 years... not been so diligent with the telephone calls that were made - find it difficult making notes and being composed when my blood is at boiling point - usually while talking to organisations like British Gas. I could possibly trawl through phone records for proof of calls made if required, but my case is slightly more than time wasting, although I feel like I have lost a few years of my life to this issue.

I started my complaints in 2007 at the very top, with the CEO Sam Laidlaw and have returned to his email address whenever I've felt the need to do so. I have already had some success with compensation for the first boiler that catastrophically died just before xmas leaving us without heating fro the holidays.

[meellis]

Re: British Gas boiler installation 7 year battle - 2 years into ongoing court claim

Ok I am only trying to help you concentrate your points so you don't get caught out. As I have said I am not a fan of BG so I don't want to defend them. You stated that the engineer you employed pointed out to you that the system couldn't have been drained because a drain off had been painted over so hence could not have been utilised I am just making you aware that there is more than one way to skin a cat so your evidence could be questioned in the court environment. There is no question that the filter should have been fitted and utilised if it was charged for which I am sure BG are well aware of, no defence. It is a different scenario though to say the lack of this filter is the cause of the problems without any real technical evidence to prove this, as anyone verified that the boiler failed due to contamination not just general wear and tear. Here's a shocking fact, mechanical things break through use some more regularly than others. If the manufacturer's instructions had stated the filter had to be installed or there was a regulation requiring a filter to be installed it would be a different scenario but there isn't so unless you can prove as opposed to assume that this was the cause of the failure then you are going to have tough fight. As for pro-bono they will only present the case you instruct then to so unless you have some real evidence and testimonials for them to present then they won't be able to help.
Gassafe are there to uphold rules relating to gas safety and if they feel there is a case to answer they will present the evidence to the HSE or local authority for prosecution if serious enough or restrict a member if deemed less serious. Was your boiler showing any signs of it falling off the wall? If it wasn't and it was installed on a suitable wall to all current rules and instructions what would you expect them to do condemn someone for your assumptions?
BG have excepted liability for the damage to the wall so you wouldn't need to prove anything to do with the cut pipe but they haven't excepted liability for anything else so you will have to prove there is something they are liable for and from what you have posted you haven't demonstrated to me anything that confirms the boilers have failed due to lack of powerflushing or the fitment of filters as opposed to the boilers lacking for any other reason.
I would offer the chance to upsell a superior performing boiler to anybody based on the technical facts presented not my preference, I let the customer decide. For others reading this thread a combination boiler is rated on the energy utilised to provide heating and hot water. When they are heating water they turn off the heating and concentrate all the energy into hot water production which is quoted in generally in litres per minute at 35degree temp rise. A typical 24kw combi will produce 10.5 litres a minute at 35 degree rise which means you will get water at 45 degrees at 10.5 litres a minute if the water enters the property at 10 degrees. turn up the flow of water and you wont get the 35 degree rise. A 30kw combi will give a typical 14litres a minute. A typical modern shower requires around 12 litres of mixed hot and cold depending how hot you require the shower to be. Just think about wanting a shower at 50degrees on a cold day and you can understand how close to the limits you are. From a self employed installers point of view I would prefer to install a boiler more capable of working than run the risk of somebody posting on a forum like this that I had underspecified their boiler, especially for the small price difference.

[wealdstoner]

Re: British Gas boiler installation 7 year battle - 2 years into ongoing court claim

Hi, Good luck, have you thought about appointing a barrister yourself through the direct access system? Sounds like you have most things worked out and your case knowledge is very hard to reproduce.

http://www.barcouncil.org.uk/instruc...public-access/ or google and see what you find

Hi Carnelian,

I wish to thank you for your clear and concise advice above in relation to my plain request for assistance in this matter, rather than trying to play devil's advocate for whatever reason. I should also add that even the comments made that don't seemingly support your own point of view can also be useful advice.

Being a Litigant in Person is a difficult and costly affair, and should not be undertaken without knowing the full implications\consequences that lie ahead.

That being said, if like me, your are stubborn headed and principled - or stupid, get as much advice as you can before you start this process as the court staff do not assist in any way - in my experience they can be a real hindrance.

This publication - A Handbook for Litigants in Person, on the process is also invaluable - i expect it is already widely referred to in other posts on this forum.

https://www.judiciary.gov.uk/wp-cont..._in_Person.pdf

Once again, I thank you all for all your support.

I finally WON my fight against British Gas in the courts on the 22nd August. It was costly and time consuming. I hope this victory gives others hope and encouragement to fight on no matter who your opponent is, but please do seek advice and utilise professional help when you can.

[meellis]

Re: British Gas boiler installation 7 year battle - 2 years into ongoing court claim

I am very happy for you that you won and can I take it from the last post you ended up doing the whole process yourself as a LIP. If you wonder why people were playing devils advocate in my case it was to pre equippe you with questions that I, if I was a professional witness, would level against your case just so you might have been prepared for their answers. With my various issues I have been referred to many solicitors and barristers to find it was either an issue they didn't deal with, they needed a referral from an MP or suitable person or the their fee was far too much for the issue involved hence why the number of LIP's seems to be increasing. Again though, well done.