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    • Served on 16 Feb.   On reviewing the MCOL website today for an updated, I noticed that 1) Hermes has aknowledged the claim, but not yet filed a defence, and 2) that I there was a glitch / error on the form. Essentially, it looks like I had accidentally left the "I will send detailed particulars of claim" box ticke (I thought I had unticked it), with the result that the claim section has been truncated, and some extra text has automatcially been added - in red below):   "...Claimant seeks £XXX, plus I will provide the defendant with separate detailed particulars within 14 days after service of the claim form. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of..."   This is obviously not ideal. Is it better to try to amend the claim somehow, or to just submit a brief POC that a) clarifies that I am seeking £XXX plus costs (which was automatically truncated), and b) sets out my calculation of the £XXX?  
    • Hi   It amazes me how they pass the buck as they don't want to deal with a private homeowner but if the shoe was on the other foot they would be hammering down on you for breach of tenancy.   As this is council housing you need to make a Formal Complaint in writing to the Council Housing about this (as a social housing landlord they have a complaints process they have to follow). you need to exhaust their complaints process. Make sure and title your letter Formal Complaint.   From what you have posted this tree is not just a nuisance but also a Health & Safety risk:   1. The tree being overgrown is now a danger to the occupants/Guest/Visitors to your property   2. The tree has overgrown into the Council Housings Boundaries your property causing damage/endangerment to the occupants/guest/visitors.   3. As the roots of the tree are also overgrown into your property you have concerns that these may be causing/damaging to any underground pipework that may be within the boundray of the property.   4. So far the Councils actions have been to treat their Council Housing tenant as a third class citizen with a private homeowner aloud to cause endangerment/possible damage due to these overgrown trees which are encroaching on your council house property/bounderies.   You also require clarification why you were sent the Healthy Neighbourhood Information which states I have to pay £375 to make a complaint. (make sure and attach a copy of the response that states this cost)   You also require copies of the following:   1. Complaints Policy (not the leaflet) 2. Customer Service Standard (not the leaflet) 3. Health & Safety Policy (not the leaflet) 4. Public Liability Insurance Policy. (not the leaflet) 5. Clarification from you if their is any underground pipeworks running through the bounderies within the garden area (you should have full knowledge of this it being your property/plans) 6. Compensation Policy (not the leaaflet) 7. Equality & Diversity Policy (not the leaflet)   When you get the above policies sit with a pen/pencil/highlighter and take you time reading them and just think to yourself 'DID THEY DO THAT' if not mark it then leave it for a while then do the same again this way you can basically throw/write back stating the haven't followed x policy with which part of that policy and your reason. (you are building evidence to use against them using their own policies. I would also like to refer you to The Local Government (Miscellaneous Provision) Act 1976: http://www.legislation.gov.uk/ukpga/1976/57/part/I/crossheading/dangerous-trees-and-excavations     You need to remember yes it is the Council but the Council Housing is a separate entity and is a Registered Social Landlord (RSL)   Is the Council Housing classed as a registered Charity? (what is their registration number whether charity or RSL?)   Also have a wee look at this CAG link:     
    • @rocky_sharma   Fame at last!!   Dunno how much help it would be in your case, but I could try digging out the txt of my defence if you think it might be relevant to your defence. We might hafta do this via PM, then e-mail though if ya wanna go down that route.   Good luck with yours anyway mate.
    • The car finance firm, owned by Provident Financial, voluntarily handed the money to all 5,933 customers potentially affected by the breaches, which occurred between April 1, 2014 and October 4, 2017. It was also fined £2.77m by the Financial Conduct Authority for the way it behaved. The FCA said Moneybarn's actions meant more than 1,400 customers, many of whom were vulnerable, defaulted on their loans after entering into 'unsustainable short-term repayment plans'. This meant that they were punished with extra fees and charges, which many could not afford. https://www.dailymail.co.uk/money/markets/article-8013573/Moneybarn-pays-30m-customers-failing-treat-fairly.html   dx  
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paulfoel

British Gas installed boiler 5th Jan – now no heating or water – help! **resolved**

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Had brand new boiler fitted by British Gas on Tuesday. Since then its broken down three times and I've had two engineer visits. The engineers they send seem clueless and British Gas seem totally uninterested.

 

Its -5 outside and I've got no heating or hot water. Got a 5 year old and an autistic teenager (this is setting him off).

 

Something has got to be done. If this was a physical item I could take back to the shop and demand a refund but its a boiler fitted onto the wall.

 

What are my consumer rights here? Can I reject it, get the boiler removed and ask BG to collect and cancel the entire deal?

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Assuming the boiler was supplied and fitted by British Gas, – in other words by the same people – then you are entitled to rely upon your rights under the consumer rights act.

 

You are within 30 days – but in any event you have had two visits which have failed to fix the problem. You should write to them immediately and assert your right to reject the boiler under the consumer rights act.

 

Make sure that this letter is sent to them by first class recorded delivery and also by email. They are completely disorganised and they may well try to say that they hadn't received it.

 

Now you have another problem because you have no heating. They should normally make the full refund within seven days. I can scarcely imagine that they will do this. You are going to have to decide what to do. I think under the circumstances you would be justified in giving them seven days notice to replace the boiler with a working model or else you will have it removed and your own one installed in its place. In order to do this you will have to find a reliable gas registered installer who will sell you the boiler and install it. Do not, whatever you do, purchase the boiler from one supplier and then have it installed by somebody else. This divides liability and each side will blame the other in the event of a problem.

 

Unfortunately your best bet might be to stay with British Gas but you need to take control of what they do. I think it's going to be very tricky. Normally speaking you would be required to give them 14 days under the pre-action protocol before beginning a legal action. I think in this case, as they have already attempted two repairs, and given the current temperatures and that you have two young children, I think that you will be quite justified to send them a letter before action giving them only seven days. This is assuming that you are prepared to begin a legal action. I can imagine that once they receive the court papers they will start to look at the problem seriously. The court action would effectively be demanding a refund and also compensation. Are you completely without heating or hot water or do you have some other way of dealing with it?

 

Are you prepared to take legal action – we would help you?

 

At the same time I am sending a tweet out to British Gas and maybe that will help to move them as well.


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By the way, how did you pay for the boiler and the installation?


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WOW that is amazing. Many thanks.

 

I've been arguing with them on twitter this morning and they're telling me its minimum 1 working day wait for customer care team to call me back!

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Assuming the boiler was supplied and fitted by British Gas, – in other words by the same people – then you are entitled to rely upon your rights under the consumer rights act.

 

You are within 30 days – but in any event you have had two visits which have failed to fix the problem. You should write to them immediately and assert your right to reject the boiler under the consumer rights act.

 

Make sure that this letter is sent to them by first class recorded delivery and also by email. They are completely disorganised and they may well try to say that they hadn't received it.

 

Now you have another problem because you have no heating. They should normally make the full refund within seven days. I can scarcely imagine that they will do this. You are going to have to decide what to do. I think under the circumstances you would be justified in giving them seven days notice to replace the boiler with a working model or else you will have it removed and your own one installed in its place. In order to do this you will have to find a reliable gas registered installer who will sell you the boiler and install it. Do not, whatever you do, purchase the boiler from one supplier and then have it installed by somebody else. This divides liability and each side will blame the other in the event of a problem.

 

Unfortunately your best bet might be to stay with British Gas but you need to take control of what they do. I think it's going to be very tricky. Normally speaking you would be required to give them 14 days under the pre-action protocol before beginning a legal action. I think in this case, as they have already attempted two repairs, and given the current temperatures and that you have two young children, I think that you will be quite justified to send them a letter before action giving them only seven days. This is assuming that you are prepared to begin a legal action. I can imagine that once they receive the court papers they will start to look at the problem seriously. The court action would effectively be demanding a refund and also compensation. Are you completely without heating or hot water or do you have some other way of dealing with it?

 

Are you prepared to take legal action – we would help you?

 

At the same time I am sending a tweet out to British Gas and maybe that will help to move them as well.

 

Many thanks. Thats so kind of you. Wasn't sure of the law when its been fitted.

 

As you say, the need to get heating sorted complicates issues. I understand I can't just remove it and get another one fitted immediately.

 

To be honest, they have caused me so much hassle, inconvenience, and time that I am quite happy to take them to court.

 

BTW - I haven't paid anything yet. Its been done under interest free credit agreement.

 

By the way, how did you pay for the boiler and the installation?

 

Interest free credit agreement so not paid anything yet.

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Please can you tell us about all of the hassle and inconvenience you have suffered. The whole story.

 

Who was the credit agreement with?

 

How much of the installation cost you?

 

Have you got any electric heating?

 

Have you got any way of heating water?


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Apparently, a "senior engineer" is on his way at the moment.

 

Must admit I don't hold out much hope...

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Agreement was direct with British Gas.

 

If I remember correctly, it was around £2800.

 

We have a gas fire in the living room at least. I guess we could go out and buy electric heaters for other rooms.

 

We do have an immersion heater at least. Obviously, not the most cost effective way by any stretch and it does take a long time to heat the water.

 

(BTW - not sure if its relevant. Im self employed so its costing me money with all this hassle. Wife is a District Nurse. Shes got patients to see today and has got to find time to go home to meet the engineer.)

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All of the inconvenience is very relevant. Keep a detailed log of everything.

 

Also, keep a detailed log of all the telephone calls you make, times on the telephone and all other attempts to communicate with British Gas. It will all translate into compensation at the end if you are prepared to stick with it.

 

You may as well set out the story of getting it done as well. Did it go smoothly or were there broken appointments et cetera? Was the work done on time?

 

By all means use the gas fire but start keeping a close note of increased fuel costs. Same for the immersion heater.

 

If you can afford them then I would certainly advise you getting electric radiators because you will be claiming these from British Gas – although you will have to have a court action to do it – but you will win.

 

Keep a log of the temperatures outside and also inside the house.

 

While you are trying to get your existing installation fixed, I would certainly contact a couple of reputable installers and get quotations for replacing the system. Also I think it will be very reasonable to contact other gas registered engineers and see if they are prepared to come along more quickly and fix the problem. Any money you pay them will be recovered from British Gas.

 

Whereabouts in the country are you?


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I hope you don't mind, I have looked up your IP address. I think that you are in a fairly large city in the UK – and you should have not too much problem getting somebody along to have a look at your system. Of course they may well be busy with other people's heating problems as well as at this time of the year.

 

If you can get somebody to come along then make sure that you get a proper written assessment of what the problem is and a proper receipt for the repair. Don't try to get somebody cheap. Get somebody who is really reputable and backed by insurance


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I hope you don't mind, I have looked up your IP address. I think that you are in a fairly large city in the UK – and you should have not too much problem getting somebody along to have a look at your system. Of course they may well be busy with other people's heating problems as well as at this time of the year.

 

If you can get somebody to come along then make sure that you get a proper written assessment of what the problem is and a proper receipt for the repair. Don't try to get somebody cheap. Get somebody who is really reputable and backed by insurance

 

No problem. Im in work at the moment though ;-)

 

But yes I am near large city in the uk so should be no problem. Thanks.

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I would also send British Gas a formal note telling them that as they have so far failed to repair the system, and in view of your family commitments and the current temperatures, you are beginning to take your own action to have the boiler inspected and possibly repaired by properly gas registered engineer.

 

Time is of the essence and you will be presenting them with any bill which you will expect to be paid immediately along with the compensation which you will be seeking.

 

Tell them also that for the avoidance of doubt if they attempt to call in question any warranty on the unit because you are taking your own necessary reasonable action, that you will challenge that in court.


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Please can you send me an email to our admin email address. As soon as possible. Include your contact details – name – address – telephone number – and a reference number if you have one.

 

I've had a contact directly from the head office – customer manager and it sounds as if he would like to take ownership of the problem.


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UPDATE:

 

Senior engineer has visited. Claims pump is faulty and needs replacing. (Note, pump was existing and not new)

 

I'll wait and see. First two engineers have claimed to have fixed the issue also so not a lot of confidence it will be 3rd time lucky.

 

Even if its fixed today, British Gas general response has been very poor.

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Well that's very good news. However send me your contact details anyway because we can make sure that this manager is able to follow what's happened and make sure that it doesn't go off the rails again. Send me the details


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" Senior engineer has visited. Claims pump is faulty and needs replacing. (Note, pump was existing and not new) "

 

And BG did not recommend fitting a new one at time of installation on a new Boiler costing £2800. :!:


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" Senior engineer has visited. Claims pump is faulty and needs replacing. (Note, pump was existing and not new) "

 

And BG did not recommend fitting a new one at time of installation on a new Boiler costing £2800. :!:

 

Well, bit of long story. Boiler was old. We were covered by SWALEC. Kept breaking down and the last time took days to get the parts so we though time for new boiler.

 

In the meantime, possibly due to faulty immersion, hot water tank split (that was messy!). SWALEC replaced it. Obviously not the pump.

 

So fast forward, even though old one was now working, we went ahead with new boiler. BG offer free years cover where they cover the entire installation inc the new boiler.

 

So yes BG did take this entire thing on, in fact, believe something was fitted near tank anyway, so they could see it. No mention of needing new pump. If it does turn out to be this then not sure why old boiler was fine but new boiler wasnt (I guess new one could detect faults better?).

 

- - - Updated - - -

 

Well that's very good news. However send me your contact details anyway because we can make sure that this manager is able to follow what's happened and make sure that it doesn't go off the rails again. Send me the details

 

I'll believe the "faulty pump" story when it works. First two visits they were confident too.

 

How do I PM you?

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email on our admin address.

 

Who specified that the old pump be used? You or the British Gas installers?


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email on our admin address.

 

Who specified that the old pump be used? You all the British Gas installers?

 

Well the deal was replacement boiler only with using the existing tank/radiators etc. Theres a 5 year warranty on the boiler BUT BG take on the entire system under service for 1 year.

 

The pump never came into discussion to be honest. It was part of the existing system. They saw it, saw everything else and agreed to fit boiler and cover on this basis. At no point did they say "Ah we can't do it because of the pump"

 

My understanding was they looked at what we have, then decided whether they could fit "boiler only" and take on coverage of the entire lot. Very common.

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I'm still waiting for your contact details. If you don't want to send them then please can you let me know so that I can let the people who are waiting for them know as well. Thank you


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I'm still waiting for your contact details. If you don't want to send them then please can you let me know so that I can let the people who are waiting for them know as well. Thank you

 

sorry done now I used wrong email address.

 

As I said, they've now replaced the pump. So we'll see. I've also had a call from the executive customer care office as well - they advised me of what I already know about todays fix and will speak monday with an update.

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Please keep us updated


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Please keep us updated

 

As I said pump replaced on Friday been ok since.

 

To be fair, the pump was pre-existing. Only the boiler was changed on Tuesday. BUT the old boiler was ok with that pump - the problem only manifest with the new boiler.

 

Of course, BG checked this all over (or should have) BEFORE the installation and BEFORE agreeing to take on maintenance of the entire system. Then didn't help themselves taking 3 days and 4 engineers to work out what the problem was.

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Okay, thanks for letting us know. I'm very pleased that you and your family are now warm.


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