Jump to content


  • Tweets

  • Posts

    • You should start putting everything in writing. Even the ombudsman, to begin a serious complaint by telephone is quite frankly crazy. I hope you have taken a copy of at least the advertisement that you have posted above.  I don't suppose that you kept a copy of the original AutoTrader advertisement.  How much in writing have you got of anything? I would suggest also that you telephone the ombudsman tomorrow and ask them for details of the complaint that they have received from you and tell them that you want it in writing.  You will be amazed how scant The records of which are kept by these people. Read our customer services guide and at least actually give you some idea of how you should deal with customer service people or any call handlers on the telephone.  It is very important that you get a written summary of the report which you made to the ombudsman so that you can see exactly what they are investigating. The complaint to the ombudsman should have been very carefully considered over a period of time rather than simply made in a phone call
    • Funnily enough the ad is still available online Range Rover 4.4 SDV8 Autobiography LWB Previously Sold | Clinkard Performance Cars WWW.CLINKARDCARS.CO.UK Performance, Prestigious and Specialist cars Dealers in Romsey, Hampshire but the autotrader version isn't which was probably slightly different potentially with more information. Reported to FOS over the phone but essentially gave them the same information I've stated here, updating them that I'm paying for a car I haven't had for nearly a month now etc I'll certainly come back with an update. Fingers crossed they will realise it's not worth taking to court. So the inspection among other things found a hairline crack across a load bearing section of the chasis which at the minute to the naked eye looks tiny but could turn out to be catastrophic and has had some filler chucked on top of it but we'll see what Clinkards inspection comes back with. Distance wise I believe they're around 165-170 miles away from me. Also I'm sure many people will have PCP agreements as it's the most common way to buy cars under 5 years old but they just forgotten the terminology or name for it. Pay deposit, choose a length then pay the difference between value today and guaranteed future value at the end of that agreed term   Whole experience has scarred me and moving forward I'd be tempted to pay for a pre purchase inspection myself because these guys are bigggg traders with a lot of top end cars. I just hope they don't make any more silly offers
    • Strange final response. They say that they are still investigating but they are giving you their final response anyway. Seems like a load of nonsense. Have you got a copy of what you then sent to the ombudsman? Anyway, for the moment although would like to know – it really is all for curiosity because as you have put it into the hands of the ombudsman it's probably not worth doing anything more until you have a reply. I would suggest that when you decide to spend this kind of money in future on a used car, that you understand exactly what your rights are before you make the purchase. When you buy anything – and maybe especially used car you should realise that you aren't only paying for the car, you are also paying for a bundle of consumer obligations which are intended to bind the dealer. You are paying for a vehicle which is of satisfactory quality and remains that way for a reasonable period of time and you are paying for any defects which emerge to be addressed and repaired at the expense of the dealer. We've already pointed out that by purchasing the warranty, they have effectively persuaded you to pay for something for which you have already paid. Very decent of you not to want to cause trouble in respect of defects which manifested themselves within the first few weeks. I have no idea why. For £78,000…. This you say that they were age-related problems – that is still no reason why those defects should have been there or why the dealer should not have been responsible for them. It seems to me that you have a clear case against the dealer/the finance company. We don't have many or any PCP purchases on this forum. However, it seems to me that the finance company is probably responsible for the condition of the vehicle because effectively you have bought it from them and to that extent it should be the same as HP. With a hire purchase agreement, it is as if you bought the vehicle directly from the finance company not from the dealer and it is the finance company which bears all the consumer obligations. I think the only thing you can do is to monitor the situation. Update us when you hear from the financial ombudsman and if you need to take the matter to court then we will help you. In principle it should be straightforward – but certainly there is a risk of a serious bill for costs if you lose. I don't see you losing. Did you say somewhere that the report suggested that the vehicle was unroadworthy? Have you got the advertisement for the vehicle? Does it make claims for the vehicle which are clearly untrue? And by the way, four hours away from you is what kind of distance? Have you read our used car guide? Have you looked at the video?
    • there's one in this thread.. i wonder if its the same, they seem to be identical regardless each time we have a thread with one Vehicle Control Services Privacy Notice, Brooke Retail Car Park, HA4 0LN - Private Land Parking Enforcement - Consumer Action Group  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Boiler Saftey Question - Who Is Responsible ?


Guest TractorGirl
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5960 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Guest TractorGirl

Hi

 

I need some help

 

We bought a 2004 build town house in February 2007 and took out BG homecare, when we recently called them out due to boiler issues they advised that I could not get the boiler front off to check inside as the kitchen cupboard was fitted to closely to the top. The engineer advised that it probably never has been checked or serviced.

 

My question is who is responsible legally ? Would it be the original builders, would it be NHBC or would it down to us to resolve ?

 

An urgent responce would be a great help to us

 

Cheers

 

TG x

Link to post
Share on other sites

surely this should of been picked up upon during some sort of survey before you brought the property?

if would be very diff to 'find out' who put the cupboard there, unless you have the original plans? was i designed that way?

 

maybe take some photos of it , then get it off the wall so if it turns out that the boiler has not been serviced all this time, then atleast you have the evidence to pursue this.

 

for now, you need heat!

 

dx100uk

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Bear in mind that as this is a a bought property not a rented one, there is no requirement to have regular services performed...

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

Link to post
Share on other sites

Guest TractorGirl

We only had a basic structual survey done as it was built only 3 years ago

 

Nothing internally has changed since it was built so the kitchen is still the original design and therefore I assume the building firm who built it, also fitted the boiler or employed somebody to do so.

 

Shouldn't the boiler have had a initial safety check once it was installed ?

 

TG x

Link to post
Share on other sites

TractorGirl,in reply your post in my view:

 

1.Due to the fact that the house was built in 2004,it should have an NHBC certificate which should be valid for 10 years.

 

2.You should contact the solicitor that dealt with you with purchasing the property as he/she should have requested a copy of it from the the seller's solicitors.

 

3.Once you have this certificate in your hands you should be tackle builder firm as probably this the builder's fault regarding the boiler because as Mr.Shed has posted as this is a purchase and NOT a rental there this no compulsory servicing of the boiler required.

 

4.As soon as you contact your solicitor,up date us and we will see how to take this matter forward to the best of your advantage.

Link to post
Share on other sites

Guest TractorGirl

Hi

 

yes I have the certificate, received that on purchase.

 

I will phone them now

 

Cheers

 

TG

Link to post
Share on other sites

Guest TractorGirl

Have phoned them and they said there is nothing they can do as this element is not covered

 

I have phoned the builder 4 times in 3 weeks and he constantly says "i'll phone you back" and never does !!

Link to post
Share on other sites

The NHBC guarantee is a bit of a farce, it is supposed to signify the that they have checked the property and accordingly they are prepared to certify that it is okay and accordingly provide a guarantee.

 

The reality is they are funded by building industry and do not undertake proper checks, if any at all. In any event at this stage such a guarantee is usually limited to the structure and would not cover the heating system.

 

You are going to have a hard time pursing the builder. There is the general rule of caveat emptor, which means buyer beware when purchasing property. However builders of new houses usually correct defects within the first one or two years of purchase, but after that it is difficult to get them back at all to fix anything.

 

Something like this would never be picked up in a basic survey, they usually do not check the heating system, never mind take the boiler cover off.

 

If the builder is a large organisation find out the name of that chairman or MD and try writing to them. Although I do not hold out much hope for you. As you are finding out there is little point in phoning them.

 

Is this the first time you getting the heating system serviced, after 3 years?

 

Personally, I would just modify the cupboard or temporarily remove it such that access can obtained to the boiler for servicing.

 

I would stay away from the BG Homecare too, in particular as you have a new property, your heating system should be fee from significant defects for at least 10 years. If you feel you need peace of mind, put the sum you pay to BG in a deposit account and it will be there if you need it and if you do not then you have the money to spend on whatever you like.

If I have been helpful please click on my star and add a comment.

Link to post
Share on other sites

Just a thought. Have you spoken with any of your neighbours to see if this applied to them as well, and what they did?

 

For instance in a new build area we lived in, the burglar alarms all packed up within two years, the window handles kept falling off, the doors didn't shut very well, etc.

 

In the end everyone got together and pursued the company concerned as one to get all the properties sorted.

Link to post
Share on other sites

Generally I agree with Guido

 

The NHBC check one house of each type on each development. They cannot and do not check everything about every house.

 

The NHBC guarantee covers most defects for the first two years, but after that they only cover "structural issues" for a further 8 years. I suspect that a misplaced kitchen cupboard would not count, but you can phone the NHBC to find out.

 

Your best chance is if the builder is still on site as you'll be able to badger them like heck until they decide it is easier to send round a handy man to sort it out.

 

Obviously I don't know the design of your kitchen, but it might be easier and less stressful to see if a carpenter can modify the cupboard. Again, if the builders are still on site, you could maybe bung one of the kitchen installers a few quid to do it - they may be able to "get hold of" matching side panels and doors etc. for less money.

 

Trying to get a reluctant housebuilder to do something they don't want to is in my experience more stressful than buying the house.

Link to post
Share on other sites

Bear in mind that as this is a a bought property not a rented one, there is no requirement to have regular services performed...

 

 

not under HIPS. and although there is no requirement to have a annual service, its a damn good idea. increase te life of the boiler!

If this post has helped you, please hit the scales under my name. Thanks!!!!

 

"I would dig a thousend holes, to lay next to you. I would dig a thousend more, if I needed to"

 

www.incognito-photography.com

Link to post
Share on other sites

What do you mean, not under HIPS?

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

Link to post
Share on other sites

The acronym is Home Information Pack(s), that vendors of properties will eventually have to provide (but presently not all).

 

But I do not see any requirement that imposes an obligation on a seller to service their boiler in the HIP documentation, but I will stand corrected If BobbaFett can take me to specific details.

If I have been helpful please click on my star and add a comment.

Link to post
Share on other sites

Exactly my point GuidoT - I dont even see how the legislation has anything to do with the servicing of boilers.

 

Oh and by the way, as of two days ago it pretty much is the case that all vendors do now have to provide the HIPs...

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

Link to post
Share on other sites

Firstly, this is NOT a landlord and tenant issue, so is beyond the scope of this forum. You should seek advice from a solicitor.

 

Secondly, an NHBC certificate is a ten-year guarantee against major structural faults with the building, not against anything else (the initial two-year period for claiming in respect of other mattrs having expired long ago in this case).

 

You are wasting your time trying to claim for a non-structural defect under the NHBC 10-year guarantee.

 

If you have a contract with BG Homecare, whoever they might be, you can enforce it against them if the matter falls within the terms of the contract. Read it. If you don't understand it, get a solicitor's advice about it.

 

 

 

Advice & opinions on this forum are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional if you have any doubts.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...