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I am about to submit my claim as the complaint process has been fully exhausted and I have issued Notice before Action and received a final response. All advice would be appreciated.
My plan is not covered by the FCA or Financial Ombudsman. (I have checked).
Background -
Boiler breadown/repair contract taken out for boiler in my tenanted property, 7 months later boiler breaks down and call placed to have engineer repair boiler. Engineer visits, states problem, doesn't have part, says will return next day with part and repair. A few days later Company calls to explain that their engineer has stated the boiler is beyond economical repair (BER) and decline my claim. They offer me alternative, that I can pay for the manufacturer to repair boiler, they will call them for me, but I must pay the bill (£246). Under duress, I paid them (not the manufacturer). The manufacturer fixed the boiler.
I then raised an official complaint that the claim was declined.
They have declined on basis that boiler is BER. And that they will not refund me the £246 as this was a manufacturer repair.
Through numerous telephone calls/emails I have established the following -
1. The company calculated the BER incorrectly. BER was calculated by them to be £270.
2. In calculating the BER they used the wrong part number and boiler age.
3. In their calculations they use the most expensive retail product parts but the cheapest replacement boiler price, which skewers the end figure to their advantage. They have continuously failed to offer an explanation why they apply said different approaches.
4. The repair payment, made under duress, was made to their own sister-company, not the manufacturer. I can see no wording within the contract that states the manufacturer can not repair the boiler on behalf of this Company.
5. The company advertise that you get a free annual boiler service with this plan. Once policy is bought you then receive access to their website that holds your policy documents on-line and then you can access your terms and conditions. Within the plan terms and conditions is a section stating if you have had a boiler service conducted, you will then be tied into this contract, for an additional 12 months from that service date.
6. I have twice asked for a S.A.R. Twice they have responded with partial information. I have formally complained to the ICO.
In summary -
If they had calculated the BER correctly and applied the cheapest retail prices to both the boiler and repair parts, it was feasible for this company to repair the boiler within the amount of £270 (The BER limit they set) and paid my claim at outset.
They have apologised for the inconvenience that they caused me, offered to cancel policy, refund unused premiums and a gesture of goodwill payment. Total amount is less than £90. This offer was made with no legal caveats.
My questions are -
I want to issue a small claims court order for Breach of Contract.
Q. What I would like to claim is a refund of the repair cost, my policy cancelled immediately, refund unused premiums, pay previously offered goodwill payment and £72 rent refund I made to the tenant for the days he went without heating. This is a total of £405.97. Is this all acceptable to the Courts?
Q. Am I right that this is breach of contract? Have I missed anything else?
Q. The contract is a Company with a strange name. I want to make sure I issue this in the correct name. They trade XXXX(a trading style of XXXX Ltd). Do I use this name, in full, as the defendant?
Q. Having read alot of pages over the last week may I confirm that my initial submission to start proceedings is just to give a very brief statement of the facts (shorter than what I typed above). What exactly are the main points to raise in this case? and when do I submit evidence such as the contract, emails etc.
Thank you in advance.
My plan is not covered by the FCA or Financial Ombudsman. (I have checked).
Background -
Boiler breadown/repair contract taken out for boiler in my tenanted property, 7 months later boiler breaks down and call placed to have engineer repair boiler. Engineer visits, states problem, doesn't have part, says will return next day with part and repair. A few days later Company calls to explain that their engineer has stated the boiler is beyond economical repair (BER) and decline my claim. They offer me alternative, that I can pay for the manufacturer to repair boiler, they will call them for me, but I must pay the bill (£246). Under duress, I paid them (not the manufacturer). The manufacturer fixed the boiler.
I then raised an official complaint that the claim was declined.
They have declined on basis that boiler is BER. And that they will not refund me the £246 as this was a manufacturer repair.
Through numerous telephone calls/emails I have established the following -
1. The company calculated the BER incorrectly. BER was calculated by them to be £270.
2. In calculating the BER they used the wrong part number and boiler age.
3. In their calculations they use the most expensive retail product parts but the cheapest replacement boiler price, which skewers the end figure to their advantage. They have continuously failed to offer an explanation why they apply said different approaches.
4. The repair payment, made under duress, was made to their own sister-company, not the manufacturer. I can see no wording within the contract that states the manufacturer can not repair the boiler on behalf of this Company.
5. The company advertise that you get a free annual boiler service with this plan. Once policy is bought you then receive access to their website that holds your policy documents on-line and then you can access your terms and conditions. Within the plan terms and conditions is a section stating if you have had a boiler service conducted, you will then be tied into this contract, for an additional 12 months from that service date.
6. I have twice asked for a S.A.R. Twice they have responded with partial information. I have formally complained to the ICO.
In summary -
If they had calculated the BER correctly and applied the cheapest retail prices to both the boiler and repair parts, it was feasible for this company to repair the boiler within the amount of £270 (The BER limit they set) and paid my claim at outset.
They have apologised for the inconvenience that they caused me, offered to cancel policy, refund unused premiums and a gesture of goodwill payment. Total amount is less than £90. This offer was made with no legal caveats.
My questions are -
I want to issue a small claims court order for Breach of Contract.
Q. What I would like to claim is a refund of the repair cost, my policy cancelled immediately, refund unused premiums, pay previously offered goodwill payment and £72 rent refund I made to the tenant for the days he went without heating. This is a total of £405.97. Is this all acceptable to the Courts?
Q. Am I right that this is breach of contract? Have I missed anything else?
Q. The contract is a Company with a strange name. I want to make sure I issue this in the correct name. They trade XXXX(a trading style of XXXX Ltd). Do I use this name, in full, as the defendant?
Q. Having read alot of pages over the last week may I confirm that my initial submission to start proceedings is just to give a very brief statement of the facts (shorter than what I typed above). What exactly are the main points to raise in this case? and when do I submit evidence such as the contract, emails etc.
Thank you in advance.
