Claim Against Gss Boiler and Cylinder Repacement

[Kevin Moyse]

Hi all, new to hear but I have just been advised by Court they don't feel I have a case when trying to recoup costs following employing a company to replace a Boiler and Cylinder

I have pasted below the outline of claim, any advise / guidance welcomed

Re: Conventional to Conventional, installation of new Boiler and Cylinder

I respectfully write to advise that since my previous letter dated 14^th March 2019 written in accord with Civil Procedure Rules (“CPR”) Pre-Action Protocol (C1-001), as Notice before Action, to which I received no response despite a further couple of months passing. I have now as advised taken further action and have submitted a claim against XXX-XXX Ltd via Money Claims online Ref F4QZ3J63 to recover costs in respect of repairs, ongoing servicing / maintenance for 10 years and associated costs, these are additional particulars in respect of the claim.

BACKGROUND

Despite having a fully working heating system prior to contracting with XXX-XXX Ltd, XXX-XXX were appointed to replace an existing Boiler and Cylinder with new. This replacement was a significant investment in our property and to give my wife and myself piece of mind over coming years in the knowledge that parts would be available.

However, since XXX involvement the heating system has not fully worked, the system was and remains defectively installed, despite installation being 4 months ago.

I set below the facts:

• Prior to XXX-XXX replacing the Boiler and Cylinder the system worked without fault.
• XXX-XXX attended my property on 8^th January 2019 and advised that as 2 Engineers had attended the works would be completed on the same day. The engineers did not have the correct cylinder. A replacement cylinder was offered that differed from model and make quoted. I conditionally accepted subject to the new cylinder having identical or better Energy Rating. The original cylinder was rated a ‘C’, the new cylinder was ‘D’ rated. The cylinder supplied is not as advertised, quoted or conditionally accepted.
• XXX-XXX advised that at no point during installation would I be left without heating or hot water. The installation was not completed on the first day as stated, and the attendance of an electrician was required. I was initially left overnight with no heating or hot water.
• Installation was allegedly completed on the second day. However, the system did not function correctly as the radiators remained cold. I was advised an engineer would attend to flush system and balance the system.
• I established the Pressure Relief from the Cylinder was left at a high-level contrary to Building Regulations G3. This had potential to cause harm if cylinder discharged, a drain cock was also left leaking.
• On numerous occasions the Boiler reported error F.83, during which time we had no heating and only water left in cylinder until this was reset, which took several attempts.
• Numerous calls were made to XXX-XXX in respect of Boiler error. I requested an Engineer attend the same day as the system had failed in under 24 hours.
• An Engineer attended on 12^th January 2019. The faults were not all rectified, leak and Pressure Relief problems were reported as fixed. However, the system was still temperamental with heat distribution and did not operate properly.
• The Boiler continually reported error F.72 during which time we had no heating and only water left in cylinder until this was reset.
• A large number of approximately 15 calls to XXX-XXX were not answered or calls returned. The boiler remained non-functional for a further 6 days.
• An appointment was eventually confirmed by e-mail for an Engineer to return on the 24^th January 2019 between 8-10am, see e-mail attached. The engineer did not attend until 8pm that day, wasting my entire day and evening at the cost of annual leave. It was suggested by XXX-XXX that an AAV should be installed. The Engineer was not supplied with an AAV requiring a fourth attendance and more disruption.
• Boiler continued to display the error code F.72 between 25^th January and 29^th January 2019.
• Yet further calls were made to XXX-XXX to report the system errors without reply.
• XXX-XXX finally arranged for Valiant to come and check Boiler on 30^th January 2019. I had to take another day off work to be present. Valiant advised that the F.72 & F.83 fault codes were being caused by an error due to defective installation and no bypass being fitted, see attached e-mail / report. Valiant confirmed the installation error was an error made by XXX-XXX and contrary to the installation guidance provided, extract of Page 11 of installation Manual attached.
• An Engineer attended on 2^nd February 2019, where bypass and AAV were installed. I was advised this would rectify the system errors and that given a couple of days this should be functioning correctly. The system continues to be defective and we still have cold radiators.
• A vast amount of phone calls and subsequently e-mails have been made to try and rectify issues, including Pre Action Protocol which XXX-XXX have ignored despite having tracked postal delivery and read receipts from e-mails, all of which are attached.
• Extended Warranty with Valliant remains unregistered.
• I have settled in excess of 95% of invoice amount. XXX-XXX have confirmed receipt of the consideration. You have advised via e-mail on 25^th February 2019 that your commitment is now void along with any warranty contrary to your own Terms and Conditions and are acting in breach of contract, since this you have been given every opportunity to return and rectify issues, with myself offering to clear outstanding monies subject to errors being rectified and successful running of the system.

Under the Consumers Right Act 2015 I do not believe you have met your statutory and contractual obligations in respect of the following:

• Goods to be as described (Cylinder Spec) (s.11)
• Installation as part of conformity of the goods with the contract (s.15)
• Right to repair or replacement (s.23)
• Service to be performed with reasonable care and skill (s.49)
• Service to be performed within a reasonable time (s.52)

CONCLUSION

I have contacted British Gas to look at the System whom advised that the pipework has been incorrectly configured, British Gas have prepared a quote to rectify this error, copy of which is attached.

My contract with XXX-XXX Ltd included 10 years servicing and peace of mind, I will now be appointing British Gas in respect of this and attach their quotation for year one, moving forward a 5% price increase has been applied annually, as you have voided a warranty that has been paid for.

Additionally, I am claiming for compensation in respect of time where I have needed to be at home over and above the initial installation, phone calls, e-mails and associated administration in trying to remedy the situation.

[pt2537]

you have been advised by the Court? Who? the Court should not give advice, nor should its staff. Id be interested to learn who was giving out advice in these circumstances.

[ostell]

Sounds like a heating engineer (!!) I had trouble with. I received almost the cost of the original installation back as I had to get someone else to install another boiler