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    • As I say thanks for your responses so far but this forum is not for me. Please delete the thread
    • Incidentally, don't imagine that your reasoning above will make an iota of difference to Evri. In fact they are probably not even capable of understanding it. However, you must understand the reasoning. This is essential because you will be bringing your case. It is highly likely that it will go to trial and you will have to have sufficient control over the law and the logic to be able to put it to the judge in a persuasive manner and also to answer the judge's questions in a competent fashion. You will have to issue a legal action so once you have sent the letter, start preparing your particulars of claim. Let's do one thing at a time.
    • Firstly, please will you note that when you post solid blocks of text, it makes it very difficult for people to read – especially on a small screen such as a telephone. The first post you made has already been restructured with paragraph spacing by the site team. Everything we do is free – and would be pleased not to have to do this kind of thing again. I'm restructuring your most recent post is well. I've looked at the four-page document you have posted above. I only want to deal with the letter of claim so far. We know that laptops are on the non-compensation list – and as you have referred to that, you may as well then go on to make your legal points and explain why the non-compensation list is irrelevant. Of course Evri are monitoring the thread so they will know about it anyway. But the whole point is that not only would the insurance requirement – had it been available – have been contrary to section 57 and that it would have been an attempt to exclude or limit liability, also trying to include a huge list of items for which they say they will not compensate you if the fail in their duty to exercise reasonable skill and care is also a breach of section 57. Particularly, as you declared that it was a laptop. They then effectively alerted you that it was on the non-compensation list. This was the equivalent of alerting you that you should be careful because even if the breach the delivery contract and failed to exercise reasonable skill and care, because it is a laptop, they will exclude liability and even though that is contrary to section 57 of the Consumer Rights Act and therefore unenforceable. So in effect they are committing two breaches of contract. First of all they have failed to exercise reasonable skill and care – breach number one. They then have attempted to exclude liability for their breach number one – and that then becomes breach number two. In fact the bar is raised even more because they have the option to refuse to take the laptop because you declared it. They still were prepared to carry it. Not only that, if they consider that there is some additional risk in carrying a laptop then being alerted they should have taken extra reasonable skill and care. In other words, being aware of what they were carrying impose on them a greater duty of skill and care than they would be required to exercise, say, delivering a hairbrush. And then to top it all, – in case we need extra help – not only is their non-compensation list and their agreement to carry your laptop without any liability a breach of section 57, the use of a non-compensation list where they knowingly accept to carry those items and yet disclaim liability for their own failings is an unfair term contrary to the unfair terms provisions of the 2015 Act. Therefore I suggest   have a look at what I have suggested above. Ask questions. Make sure that you agree with everything. Everything is true and correct. Let us know if you think that there should be anything else or if anything should be left out
    • What the locals are reporting ... Ashfield Independents overtake Reform in Tory Wipe-out Telegraph poll A Savanta poll predicts a Labour win in Ashfield, and puts the Ashfield Independents in second place ahead of Reform’s incumbent Lee Anderson   General Election 2024 Archives - Ashfield Neighbour News ASHFIELD.NEIGHBOUR.NEWS    
    • Of course it is your decision whether or not to go down the "legal route" – but actually seeking advice from us is precisely what you would be doing except that you would be getting it for free. It's up to you if you want to find a solicitor who will ask you exactly the same questions as us except you will be paying £300 an hour or if you want to follow our advice free of charge. You do need to settle down and answer the questions that we put to you. If you get a solicitor you will be asked exactly the same questions but I suppose that because you are paying £300 an hour you will be happy to answer them or even volunteer the information in order to save time and therefore money. I suggest that you give us the information we are asking for and anything else that you think might be relevant. This way hopefully we can cut to the chase without wasting time. Do understand that by coming to us you haven't simply chanced upon a piece of social media here. This is not Facebook. We are very serious about what we are doing and we are taking you very seriously. We take everybody who comes to us very seriously.  
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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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British gas homecare 200 complaint


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I have an ongoing complaint with British Gas in which they have failed to respond to within 8 weeks.

 

The last letter received from BG Customer Relations basically apologised for the delay in their investigations and that I was entitled to refere complaint to the Financial Ombudsman Service.

 

I responded given them another 14 days to reply but as of today no reply not even an acknowledgement. I tried phoning the Customer Services but was told that it was still being investigated and a response will be forthcoming.

 

Do I refer my complaint to the Ombudsman or shall I contact the CEO first ? If the latter would someone have the appropriate e-mail address ? I do have a complaints e-mail address but I would rather go straight to the top directly if possible.

 

Thank-you

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As they have already had ample time to respond, further correspondence (even with the CEO) is probably not worth your time. It may just become even more drawn-out.

 

Perhaps refer it to the Ombudsman, or depending on the nature of your complaint, consider a money claim via the courts.

 

What is the nature of your complaint with them?

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As they have already had ample time to respond, further correspondence (even with the CEO) is probably not worth your time. It may just become even more drawn-out.

 

Perhaps refer it to the Ombudsman, or depending on the nature of your complaint, consider a money claim via the courts.

 

What is the nature of your complaint with them?

 

Cheers Eversir for response.

 

I just thought that I would give it one last shot before referring to the Ombudsman.

 

Basically lack of customer service amongst other things, delay in supplying Terms & Conditions and Account details even though they had deducted 2 months payments, first service issue in which surprise surprise they discovered a fault costing me over £300. I agreed to for them to repair it in which took nearly a week and then they cancelled my Homecare without any explanation !

 

If I had known this was to be the case, I would have seeked an independant corgi registered engineer who would have replaced the part much cheaper.

 

So generally a formal complaint regarding their service. So if anyone knows the CEO e-mail contact address it would be appreciated.

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  • 2 weeks later...

I received a phone call today from BG customer services to discuss my complaint.

 

To say it was trying is an understatement but in the end the person who called discussed the situation with his manager and called me back with an offer of £80.

 

They are now saying that my boiler needed replacing as they have notes to that effect, even though the details that I have only mentions replacing the water valve and no mention of anything else.

 

There is also the issue of surpassing the 8 weeks response time as original complaint was in November 2014.

 

Shall I just accept the offer or shall I await their reply in writing with the cheque and submit a formal complaint to the ombudsman ?

 

I still very agrieved that I paid for a new part on the understanding that my contract would continue and not be cancelled at a later date. All I received was a letter to say that they were cancelling and refunding my two months payments that I had already made but no mention of any reasons why until now.

 

I called have got an independant corgi registered engineer to do the work cheaper.

 

Just a final note the BG customer service mentioned that they have to send out the £80 cheque whether I accept it or not. Shall I just cash the cheque and reply that I only accept as a partial agreement before submitting a complaint to the ombudsman ?

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partial

 

So await response in writing with cheque.

 

Cash it.

 

Respond that I disagree with their findings and poor customer service but accept cheque as a partial settlement.

 

Await their reply but patience has now run thin or just submit a complaint to the ombudsman ?

 

There was not even an apology for the delay in their reply or any mention of their investigation findings. He just proceeded to ask me about my case in which I politely suggested that in future I suggest he reads my official complaint letter from November 2014 before he calls me to discuss. Also I mentioned that I was now not in the position to discuss further on the phone as I wanted a response in writing and an offer for inconvenience and repayment of invoice.

 

Thats when he proceeded to tell me that he will have to discuss further with his manager ????? To discuss something that he was calling me about asking for details :mad2:

 

So the last call I received was to disagree with my complaint but to offer me £80 compensation - amazing service absolute joke !

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I hope someone can kindly confirm that if a fault is found on a boiler during the first service, part replaced, is the cost covered under terms & conditions of contract agreement ?

 

I have been looking through T & C's but find some of it a bit vague and I would appreciate where it clarifies one way or the other.

 

Cheers

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if its a faulty part and the boiler is quite new

cant see why soga against the fitters cant be used

why pay for boiler cover

 

 

all you need legally is an inspection for safety

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... 

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Yes it is honeybee but wanted to keep the issue in question separate as it was about the Homecare BG terms & conditions.

 

Basically where does it say what is not covered if a fault is found on a first service ?

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if its a faulty part and the boiler is quite new

cant see why soga against the fitters cant be used

why pay for boiler cover

 

 

all you need legally is an inspection for safety

 

Cheers dx

 

But what if the boiler is not new and you sign up to the Homecare plan, arrange a service as due, fault discovered, part replaced but at a cost ? And then contract is cancelled ?

 

What if someone signs up to contract in which surpasses 14 day cooling off period, pays a couple of months premium, has a service in which a fault is discovered - is this not covered under Boiler and Controls breakdown cover ?

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Can someone kindly clarify as slightly confused what is and not covered by plan.

 

Under 5.6 First Service

 

BG tell you what work is needed and what it will cost to do that work ?

 

Therefore fault discovered, part replaced and paid for.

 

It also states that they may cancel your Agreement and refund any money you have paid.

 

Does this apply to premiums paid or cost for repairs ?

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Also would anyone know if I had submitted a claim prior to First Service, would the replacement Water Valve part have been covered ?

 

And if I got an independant CORGI registered engineer to come and inspect my boiler and provide a report, would I be able to submit costs as part of my British Complaint ?

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  • 6 months later...

Well originally had my complaint rejected by the adjudicator and have now received a final response from the Ombudsman in which I was sort of expecting anyway (as searched similar outcomes on FOS website re BG).

 

I am somewhat disappointed with the response as there are statements made that are somewhat incorrect.

 

How can a true decision be made on the boiler when they not only first suggested a new boiler but did not complete the full service and probably spent about 10 mins inspecting. The adjudicator originally stated that the Good will Gesture was suffice but to also include a service completion with a detailed report of the boiler, but now no mention of the latter ?

 

As stated under 5.6 First Service

 

'Tell you what work is needed.......' - I was told what needed to be done and cost in which I eventually proceeded with on the understanding the policy would continue. There was no mention of any other issues and after paying for the repairs, I then received a cancellation notice from BG, hence my complaint that I was not informed by the engineer at the time that this would be the case. Otherwise I would have sought other options and probably have been cheaper.

 

I know it also states that they can cancel the agreement but surely this is a separate issue to the one mentioned above surely ?

 

Also I did not state that I disputed the part having to be repaired and completely misses the points of my original complaint and feel frustrated that it has not been properly investigated.

 

I am therefore not going to accept their decision not that it will make any difference but at least this will highlight to others who are considering taking up one of these plans and the poor sevice BG provide.

 

I have now been liaising with the boiler manufacturer who have arranged a visit to not only inspect / make a report but also provide a full service for a reduced one off payment.

 

Now if their findings contradict what BG are saying would I still be able to submit a separate complaint ?

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Ombudsman Services are not very good at their job, they take in the info and make a determination

 

 

then if you object pass it on to someone to look at properly rather than actually collecting the info,

asking each party what they think of the other's submissions and then ask for clarification and then make a decision.

 

 

I'm sure that their mehtod works well if the problem is simple and people arent concealing important information

but falls down whent eh energy co tells lies or hides the truth or simply cant be bothered to do things properly.

 

Go back to the Ombudsman and kick up a fuss and tell them what is wrong

and tell them that you want copies of the tapes of the conversations and email between themselves and BG

and will do a SAR to get them as you do not belive that the correct questions have been asked or the answers have been misinterpreted.

 

 

They will then get someone to revisit the areas you disagree with.

they may not get it right at the first attempt so keep on at them on a fortnightly basis.

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Ombudsman Services are not very good at their job, they take in the info and make a determination

 

 

then if you object pass it on to someone to look at properly rather than actually collecting the info,

asking each party what they think of the other's submissions and then ask for clarification and then make a decision.

 

 

I'm sure that their mehtod works well if the problem is simple and people arent concealing important information

but falls down whent eh energy co tells lies or hides the truth or simply cant be bothered to do things properly.

 

Go back to the Ombudsman and kick up a fuss and tell them what is wrong

and tell them that you want copies of the tapes of the conversations and email between themselves and BG

and will do a SAR to get them as you do not belive that the correct questions have been asked or the answers have been misinterpreted.

 

 

They will then get someone to revisit the areas you disagree with.

they may not get it right at the first attempt so keep on at them on a fortnightly basis.

 

Thanks for your comments ericsbrother.

 

I thought that the Ombudsman's decision was final ?

 

I have returned the relevant form rejecting their decision but still feel rather peeved that not only has the adjudicator ignored the points that I raised but also the ombudsman.

 

The letter even states that BG didn't handle my complaint correctly and I now wish that I had recorded the initial service visit so be warned anyone that is thinking of taking up Homecare.

 

I clearly stated the facts in my complaint yet they were never properly addressed by all parties concerned. Then suddenly the adjudicator submits his final decision in which I again respond to and suddenly have two weeks to accept or pass to ombudsman. I requested an extension but was only allowed another week.

 

They seem to agree with BG that the GG of £80 was suffice and in which I did not accept but they still sent the cheque ?

 

My main complaint was in respect of the underhand approach BG used, condemning the boiler within 10 minutes of asking had I considered a new one and also the failure of completion of service. Why was the boiler labelled "At Risk" by BG and not turned off ? They stated that it was yet I confirmed that it wasn't as I still had heating and hot water. And oh yes, BG engineer also stated that I would need to purchase a Carbon Monoxide Alarm whilst the boiler was in the state that it was !

 

A full inspection / service with a report from BG was further agreed and mentioned in the adjudicators final decision but no mention of it in the ombudsman's decision.

 

As previously mentioned I have another service / inspection pending with the manufacturer of the boiler. If their findings are different will I be able to submit another / separate complaint ?

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