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Lunar69

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  1. Thank you for your time. I will keep you informed. Until then, Happy New Year to you.
  2. Thank you BankFodder for your help and I appreciate your viewpoint on the situation. I will certainly bear this in mind, I hadn't thought about the complications of cancelling a policy going forward. Do you have a viewpoint on the voice recording of the agent? I know its not relevant at this stage but as I will have to start transcribing, I thought I would ask you now. I shall sleep easier tonight. Thank you again.
  3. Why cancel? I have no faith left in this Company at all. The more I have dealt with them and googled them, the less I want to deal with them. They have appeared on the BBC TV Rogue Traders program - which does not surprise me now. They constantly send me emails about their free annual boiler service but hidden within this contract it states that if you take up the boiler service, they can then tie you in for another 12 months. I think I am best shot of this contract all together. Yes, they did know it was a tenanted property and worse still I advised them on numerous occasions that he was in his first week of a new job and that they were not to telephone him, but to contact me, regarding getting this boiler repaired. But on numerous occasions they kept phoning him and the tenant complained to us about it, potential to risk him losing his job. 247 then continued to do so. They do state in there last email to me 'we are sorry for the inconvenience we caused you'
  4. Thank you BankFodder. My email to them, giving them 14 days before action, was on 16th December 2021. (All our communication has been by email or telephone calls.) My claim was made on 7th November. The boiler was fixed on November 13th. The tenant was left with no hot water and no heating. We refunded the tenant £50 rent and gave him a gift-in- kind of £20. 247 Homerescue have offered £30 compensation, immediate cancellation of policy and to refund £59 in unused premiums (the offer was made with no caveats), so I would like to claim these all at the same time. 247 Homeresecue are now regulated by the FCA but they weren't when I took the policy out and as its a plan and not insurance, the FCA said they would not get involved. I do have a voice recording that they sent me under the SAR request, where the Customer Service Agent says that they are unwilling to pay out more than my policy cost. I have listened to it a few times and Im pretty sure that is what she said, I questioned her on it in the call and then she denies saying it. I have played it to my husband and he agrees with me that she did say this. Can I submit this as evidence too? They supplied the recording. I can transcript that section (the call itself is 30 mins long but that section is about 5 mins long.
  5. Thank you Dx I can only find instruction on this site to state the basic facts of the case. Im using the online service. Since you posted I have re-read and searched and can not find any other pages that suggest more to add. Would you kindly point me in the direction of the page that would give me better guidance on what to add, to make it CPR Compliant. Thank you.
  6. Hello This is my draft Small Claims form explanation of what has happened. Having read the guide I'm conscious that it should be a brief explanation. Any advice on bits to add/delete appreciated. The 15th day is this Friday. Thank you. I submitted a claim to the defendant to fix my faulty boiler on 7th November 2021. The defendant declined my claim on 9th November 2021 stating reason as their Engineer had deemed Boiler was Beyond Economical Repair (BER). Defendant telephoned to advise me of the claim decline, at same time, offered Boiler repair by manufacturer as an alternative solution at a cost of £246 to me in full. This repair was arranged by the defendant via a telephone call with myself and I paid them on the telephone by credit card. The defendant breached their contract by a) Failing to repair my boiler. b) Failing in their duty of care to correctly calculate the BER. c) Applying unfair pricing to both part and boiler costs within their BER calculations that unfairly advantaged the claimant. d) Unfair contract terms in advertising a free annual boiler service on their website but once purchased, within the contract terms then bind the claimant to an additional minimum 12 month contract once the offer of the free annual boiler is taken up. e) On the 30th November 2021 the claimant sent a Subject Access Request to the defendant. The defendant failed to comply fully to this request. f) On the 15th December 2021 the claimant sent another Subject Access Request to the defendant for the missing information. The defendant failed to comply fully to this request also.
  7. @Ethel StreetThank you for your advice - I have added email responses of their BER calculations and the final response email.
  8. Final offer emails- there is a typo in it - I am Not entitled to a refund in point 1, I did send my email back saying I accept as his typo said I was eligible - but he quickly sent another email saying it was a typo and I was not entitled to a refund. Email 1 Email 2
  9. Thanks BankFodder for your help. I am about to issue the Letter Before Action, I've only got the Final Response email from their Complaints team today, but just wanted some reassurance before doing so as Im not legally savvy and the terminology in the contract is a little confusing.
  10. Thank you BankFodder for your letter. I have threatened Legal action before and they haven't moved one inch. If I have to submit a claim via the Small Claims Court - what legal 'precedent' would it be? Breach of Contract? Unfair Contract? Does anyone see a get out of jail card for 247HomeRescue in the Contract I supplied? I have read it and I can't see anything but I'm not legal minded and this would be my first 'claim' so I'm a little nervous. Thank you.
  11. Yes, I have email correspondence from 247Homecare that this is the amount they have calculated the BER to be. "BER limit £270"
  12. Good evening, I am currently in dispute with my Boiler Breakdown cover Company - 247HomeResecue. I have enclosed the terms and conditions in case someone would like to check them over. My claim for boiler repair was declined by 247HomeResecue, Reason given - my boiler is Beyond Economical Repair (BER). They have sent me the calculations and confirmed the BER amount is £270. Their own Engineer quoted £440 to do the repair , so they declined stating the boiler was BER. But in the same telephone call they offered to phone the manufacturer of the boiler direct and organiise the repair at my full cost. The repair was organised by them at a cost of £246, which I had to pay in full. I would like to get my £246 refunded as I think it should have been covered by this plan. My reasoning is - I can see nowhere in the plan that the repair can not be outsourced by them to the manufacturer. I can see nowhere in the plan that if they defer they are not liable for costs. That being the case is there any way I can sue for Breach of Contract? This Company is not covered by the FCA and have been unhelpful at every stage. I have followed the complaint process tot the final stage and I am now at the point of issuing a Letter Before Action. To date the Company have refused my claim in full. I would appreciate any advice/help on any legal advice that can be offered to me/ next step advice / chances of success. My boiler terms for date I signed up.pdf
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