Refused to pay remainder for boiler installation as flue unsafe? now Small claims made help?

[sam1888]

Hi

 

I have recently had a small claims action brought against me about a disputed bill. Can someone tell me can I claim for loss off earnings I've had to incur to sort out the problems, which are still ongoing?

 

Also, if I make a counterclaim do I have to pay a fee?

 

(I'm in England, UK).

 

Sam

[noomill060]

We would need some more details to give you any useful advice.

 

There is a fee to make a counterclaim and I dont think a court would entertain a claim for loss of earnings.

 

(I would be happy to be proved wrong though.)

[sam1888]

I had a new heating system installed, (by a company whom I'm sure you can guess), I have part paid the bill allowing for what I believe costs to fix things. The problem I have is a flue that is in line with a window, so fumes can re-enter the property, this is not the service I was buying, nor agreed to. Corgi inspector has badged it as risk to health notice too.

 

They refuse to do anything, as it complies to building regulations, apparently any flue can be legally fitted 30 cms away from a window, this is exactly 30 cms. It seems the fact that i would not want it near a window had I known that, as the plume is approx 1m square seems to be irrelevant. And to move it to another room, they refuse unless I pay costs.

 

Plus there have been numerous other problems, right up to recently when an engineer came around and told me this will break down in the next 2 yrs or so or start having problems, and tried to sell me a piece of kit for £540, which he said all new systems today have included. So I am wondering also if I should add that to a counterclaim. He went on to say, reg's have changed and they would not be allowed to fit it where it's 1m or less clearance to a window, if I was having the installation today!!

 

Help!!!!

 

Can anyone post the link for the small claims court fees for counterclaims please? As I cant find it on the HMCS website.

[cerberusalert]

Can anyone post the link for the small claims court fees for counterclaims please? As I cant find it on the HMCS website.

CompactLaw - Court Fees

[sam1888]

Thank you.

 

Do you know if I am entitled to claim some of my lost earnings for time taken out from work to meet them each time over for many of the problems, which are due to their shoddy work or materials being substandard?

[noomill060]

"They refuse to do anything, as it complies to building regulations, apparently any flue can be legally fitted 30 cms away from a window, this is exactly 30 cms."

 

Do you have any evidence from building regs that confirm this?

 

Doesnt sound right to me.

[sam1888]

I dont know how to check building reg's .... who should I try, it is what they told me? They said that, but also the boiler manufacturer says it's ok if 30+cms away, but emissions should not re-enter the premises. But as it's within the limit deemed fine.

 

At what point does it come into play that none of this is what I agreed to purchase? It was meant to be 15 cms higher and so above the window, but they said it couldnt be fitted there when it came to it, but only told me after they drilled the holes in the wall and fitted it.

[noomill060]

DIYnot.com > Flue query (minimum distance)

 

Sounds like the same problem

[noomill060]

If the exhaust plume (carbon monoxide) is entering your house, despite it being within Building Regs, why not call the Environmental Health department at the council?

 

With EH on your side, THEY take the necessary action.

[sam1888]

Thanks. Interesting post, yes same problem in type, so 30cms is the building reg. So essentially fitted legally, but plume is approx 1m square, crazy. So they say, it's fitted fine. But I'd never have agreed to fit it near an opening window.

 

Hence stalmate and my refusal to pay part of the bill. So while corgi issue warning notice, it's like one with no teeth or power to use.

 

Not sure what I can do realistically. Ricidulously unfair.

[noomill060]

Call environmental health tomorrow- they may be able to suggest a solution, like something to direct the plume away from your window.

[sam1888]

Ah yes I did speak to a local council person, environmental I think, was awhile ago now, he said as it's to manufacturers limits it's fine, and they have no power.

 

The emissions are a mixture of gases, part CO part sulphurous, etc, apparently the boiler manu'r said. The co regional manager told me it was harmless as only water vapour, which it clearly is not, as I told him, if why only water vapour does the system need to emit it from the room. Lies.

 

But apparently manu'r deem it fine once beyond 30cms. Though I personally would not want any fumes re-entering.

 

At what point does the contract issue of my not agreeing to purchase such a setup come into it, if at all?

[sam1888]

Its at the front of the house so dont want huge pipework, as out of character to road and ugly, did think of moving it to other room but they refuse unless i pay, and they say it cant take it through the roof which I'd be fine for, but they cant apparenrtly due to the angle of the roof, so only other option is to change the type of window opening, and hence the reduction in costs I made partly on that basis for work to be done and hassle.

 

(It's in an upstairs bathroom.)