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Everlasting Boilers (Ashade Greener) Help please


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Hi

i have back in 2013 installed everlasting boiler.

now i am doing a extension to the house and i need the boiler flue to be extended to the roof of the new extension

my builder asked me to get information on the make and model of the boiler so he can order the extension parts for the flue

 

when i called everlasting boiler they refuse to give me info as they told me i cant get anyone else touch the boiler as they own the boiler

if i need someone else to do the work on the boiler i need to buy the boiler right out which seems odd

 

they started mentioning the agreement i signed

honestly when i signed the agreement the salesman never brought it to my attention it was all sales talk

how much i pay

its affordable

that was it

sign here

 

i desperately needed the boiler as my old one was a wreck and was very hard to insure cheap as well

for the time being it was good deal

 

i am stuck with them as i cant get them in quickly as they will come and do the survey at their convenience

my whole extension project is stuck because of them

 

.i have talked to them on the phone

logged the complain via and

the response was below

 

can someone guide what should i do

i know they are going to be rip me off with the work through everlasting engineer

 

if thru my builder i wont have to pay extra

its part of the extension to do the changes to the flue pipe

 

any help would be appreciated .

 

my email to them :

I am not happy with service as i am doing extension

i cant extend boiler flue pipe as i was told only a shade greener are the only one allowed to do it and

i have to wait 8 days for someone to come out and do survey and

God knows how many more days before the quote come through

and the work carried out

 

its not fair that i have to pay whatever price you quote and

i can get it done much cheaper from somewhere else

and i was told on the phone its in the my agreement

 

i trusted your sales man who visited my house and signed the agreement it was never in my mind that i am going to have extention but i regret to trust your salesman not pointing out this part of agreement that you want let me get work carried out from anyone else .

 

my extension roof is on hold because of this boiler flue pipe i am not happy as it costing me money and time just to wait for your engineer i only called to find the make and model so i can get it done from private certified engineer but i was put in this misery of that i cant get it done only apart from you guys regardless the price .

 

Now here is what i am going to do

i am going to wait and get the quote from you guys

and then i will call certified private to estimate the quote

 

and then i am hoping that your quote is not ridiculously high

and if it is then i am going to take this to court my self to claim the time and the money that i am losing for the holdup that you are causing me for not letting me repair it from private engineer and proof it with the expensive quote price that you only got this agreement term of not getting work done from anywhere else just to rip people off.

 

their response :

Good afternoon Mr Ahmed,

 

Thank you for your email. After reading through your email and reading through all documentation and notes on your account, we are following company procedure.

 

In your agreement, under schedule 2, 1.2, it states “the customer shall immediately notify the company on discovering any damages to the equipment. No third party shall be permitted to undertake any repairs or make any modifications to the equipment whatsoever, without the prior written consent of the company” which means your flue cannot be extended or modified by anyone other than us.

 

Also stated in your agreement under schedule 1, 6 , “if within the term the customer requires, for its convenience, that the equipment be relocated with the property, then the company will carry out a free survey to check the new locations suitability and will then provide a written transparent quote to do the work at cost price, only accounting for the cost of labour and parts.” This is in regards to sending out an engineer on the 18/03/2016 to do a QC inspection and give you a quote to carry out your work on the flue.

 

I understand your frustration Mr Ahmed but we are following the rules and regulations set out in your agreement, which I have attached for you to read through.

 

Kindest regards,

 

Everlasting Boilers LLP

 

 

My response back to them :

Well thanks for reply i have clearly stated in my complaint that if your price is ripoff i will take further action and will book private certified engineer to carry the work with all the legal certificate provided for the work that is carried safe by registered engineer by legal authorities .and also if you read line 6 the cash price is £3793.21 for the equipment and £4722.49 for the maintenance and service for the term of th agreement .

Worst case scenario if you are not willing to cooperate i am quite happy to terminate contract £4722.49 for the maintenance and service for the term of th agreement . and will continue to pay £3793.21 for the equipment which should be less then £3793.21 because i have been paying for 3 years and will buy services from someone else for repairs .and i will not pay lumpsum as i don't have cash that the reason i went for monthly payment so i will offer monthly payment for the sum for equipment until its cleared off and be very happy yo go to court and set monthly payments for that Thanks

 

 

 

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Agreement.pdf

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Their agreement probably breaches the findings of the case of Dettox ltd v The Shanklin Pier Co. There is another, Baker v Shellmex.

basically you cannot be held to ransom by the company and their claim that no-one ese can do things. That is not the same as notifying them or seeking permission. they have no realgrounds to refuse, but they can demand to inspect afterwards.

If their breach is significant enough they may have lost the right to hold you to the contract at all and then they cant charge you for the boiler, just arrange to remove it at your convenience (you can make it very inconvenient)

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Sounds like they've sold the op a boiler on the understanding that it belongs to them until paid in full.

Holding work on an extension for 8 days is not too bad, inconvenient or not to be planned.

Experienced builders know that such things happen and that's why they have stand by/non urgent jobs to fill those "lost days".

Of course then there are the "other" builders who will lose thousand of pounds for a couple of days of inevitable hold up.

In my opinion I see no grounds for any court claim at the moment.

Most likely the boiler company will send someone to extend the flue and charge a fair price (£300 all in is quite standard for this sort of jobs).

Not the end of the world really.

 

BTW, did I use too much punctuation in my post?

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