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24/7 Home Rescue....Breach of contract or more?


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NOT SURE IF THIS IS THE CORRECT SECTION SO MODS.,PLEASE MOVE TO CORRECT SECTION IF NEEDED.

 

A colleague at work paid a one off yearly fee of £183.48 to a company called 24/7 Home Rescue.

 

This is for cover in the event of any breakdown on boiler, plumbing, drainage, electrical, Central Heating Systems, pest control etc.

 

it is for anything to do with the home.

The benefits include No charges for parts, No charges for labour, No call out fee, unlimited call outs, unlimited claims etc.

 

Fast forward to 1 breakdown of a radiator being completely cold.

A call was made to the company and an engineer was sent out, but not before a charge of £75.00 as a "Security Payment", according to the telephonist.

 

The said fee was paid, and an engineer sent out to investigate.

The fault was with a thermostat.

The item was removed, and given to my work colleague.

 

He was told that for it to be replaced, there would be a charge for the replacement part, even though the contract clearly states, NO CHARGES FOR PARTS.

 

The colleague refused to pay for the part on the basis, his contract terms and the yearly fee paid. When he asked for the £75.00 "security payment" to be refunded, it was refused.

 

I was asked if I can help out.

My guess is that the company have broken their terms of the contract by charging a £75.00 "security payment" and then refusing to refund it, and also wanting a payment of £24.00 to replace the part.

 

Surely the yearly premium of £183.48 covers what the terms of the contract states. Am I correct?.

 

Also is this not a breach of the Misrepresentation Act 1967, by offering something then changing their mind/moving the goalposts to suit them?.

 

Are there any other laws that apply that I have missed, and is there any governing body that can step in and intervene.

 

Any help that I can give to the work colleague would be greatly appreciated.

Scan_20181117.jpg

Scan_20181117 (2).jpg

Edited by dx100uk
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Please will you post your attachments in PDF format. Multipage single file. The small print in your JPEG is as difficult to read.

 

On the basis of what you tell us, it has nothing to do with the misrepresentation act. It is a breach of contract. Simple.

 

I would suggest that you send them a letter before claim. Given 14 days or you will sue. Only make this threat if you're prepared to go with it. Don't bluff. At the expiry of 14 days, just go ahead and start your county court claim.

 

Don't muck around.

 

Use the intervening 14 days to open your free account with money claim online and to start drafting your claim – which will be extremely simple.

 

Read up the available information on this forum about bringing a small claim in the County Court to discover how easy it all is. I can imagine that they will ignore your letter before claim that once you issue the papers, they will start to take you seriously and at some point they will put their hands up.

 

If they file a defence then please will you post up your claim here and also their defence in PDF format

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get the bank to do a recharge on the grounds that this was a deposit for services that were covered by an insurance policy offered by the company.

(that is what it is in reality)

 

If the bank refuses then let them know a court claim is in the offing but also let the bank know they are in breach of the banking code and that will be off to the ombudsman, which will cost the bank as lot more just to have it considered regardless of outcome

Edited by dx100uk
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Thread title updated to include the Company Name......General Public should be aware of their practices.

 

 

Andy

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Hi

 

The date on the Plan is 09 Nov 2018 (first Image), did they follow the instructions (right of letter underneath Refer to T&C's where it says 'Important) as there are instruction they needed to follow to Validate as failure to do so can invalidate future claims? (did they do this)

 

Do you have a copy of there Terms & Conditions is so could you post them here in PDF Format

Edited by stu007

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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Hi Stu007.The work colleague had no previous/existing faults when he took the policy out.Apparently,the company have tried [causing problems] a lot of customers like this.

Many thanks to all for their input.The colleague has drafted a Notice Before Action to the company.he has also asked his card issuer to refund him under the Consumer Credit Act.They have asked for a copy of his contract.

I will update as and when he gives me any more info.

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