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    • Thank you for your responses. As requested, some more detail. Please forgive, I'm writing this on my phone which always makes for less than perfect grammar. My Dad tries but English not his 1st language, i'm born and bred in England, a qualified accountant and i often help him with his admin. On this occasion I helped my dad put in his renewal driving licence application around 6 weeks before expiry and with it the disclosure of his sleep apnoea. Once the licence expired I told him to get in touch with his GP, because the DVLA were offering only radio silence at that time (excuses of backlogs When I called to chase up). The GP charged £30 for an opinion letter on his ability to drive based on his medical history- at the time I didn't take a copy of the letter, but I am hoping this will be key evidence that we can rely on as to why s88 applies because in the GP opinion they saw no reason he couldn't drive i need to see the letter again as im going only on memory- we forwarded the letter in a chase up / complaint to the DVLA.  In December, everything went quiet RE the sleep apnoea (i presume his GP had given assurance) but the DVLA noticed there had been a 2nd medical issue in the past, when my father suffered a one off mini stroke 3 years prior. That condition had long been resolved via an operation (on his brain of all places, it was a scary time, but he came through unscathed) and he's never had an issue since. We were able to respond to that query very promptly (within the 14 days) and the next communication was the licence being granted 2 months later. DVLA have been very slow in responding every step of the way.  I realise by not disclosing the mini stroke at the time, and again on renewal (had I known I'd have encouraged it) he was potentially committing an offence, however that is not relevant to the current charge being levied, which is that he was unable to rely on s88 because of a current medical issue (not one that had been resolved). I could be wrong, I'm not a legal expert! The letter is a summons I believe because its a speeding offence (59 in a temp roadworks 50 limit on the A1, ironically whist driving up to visit me). We pleaded guilty to the speeding but not guilty to the s87.  DVLA always confirmed to me on the phone that the licence had not been revoked and that he "May" be able to continue to drive. They also confirmed in writing, but the letter explains the DVLA offer no opinion on the matter and that its up to the driver to seek legal advice. I'll take the advice to contact DVLA medical group. I'm going to contact the GP to make sure they received the SAR request for data, and make it clear we need to see a copy of the opinion letter. In terms of whether to continue to fight this, or to continue with the defence, do we have any idea of the potential consequences of either option? Thanks all
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Eden Housing Association/Karbon Homes Failing to do Boiler repairs and not responding to complaints


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for the sake of history ive merged an old thread from a few years ago too

updated thread title as well

dx

 

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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Hi

 

Ok letter below with the addition of a certain quote you mentioned as very relevant as should be mentioned and a few additions/amendments.

fell free to amend the below to suit your needs.

Make sure and keep copies of everything and get Free Proof of Posting from the Post Office.

 

 

Ende Housing Association

Enter Address Here

Date Here

Reference: Letter/Email Stage 2 Complaint Dated XX/XX/XXXX

Dear Sir/Madam

Further to the above you have failed to acknowledge nor respond in accordance with your own complaints procedure to a Stage 2 Complaint to date in a serious matter of your Boiler failing therefore no Heating nor Hot Water with Disabled Children within the property with numerous repairs out with your own time scales and failing due to the incompetence of your main contractor who seems incapable in dealing with these boilers and Gas Safety properly. 

May I also remind you of the promise you made to tenants when you went into partnership with Karbon Homes which to date is a completely false promise as your failures with GAS Repairs continue to date:

"We know how important gas servicing and repairs are to many of our tenants, and we are really looking forward to working in partnership with Karbon Homes to make sure our tenants receive a first-rate service"

Section 11 Landlord and Tenant Act 1985 states that a landlord must keep in repair and proper working order the installations in the property that supply heating and hot water this includes boilers and as I had no heating nor hot water and with disabled children this should have been dealt with as an emergency which you failed to do.

Due to the above I should not have to also remind you of your responsibilities under the Equality Act which in this situation you also failed due to having disabled children and left with no heating nor hot water for months at a time.

It is also the Housing Associations responsibility to keep there Tenants updated on repairs and if a Time Limit for a Repair need to be extended you are required legally to ask that Tenant for the Extension to be approved not just extend it on your own without informing the Tenant with a valid reason to get there approval which to date you have failed to do.

On the last engineers visit due to the water from the boiler leaking all over the electrics your engineers way of resolving the water leak from the boiler heat exchanger was to use the incorrect size washers and use some sort of glue/sealant which is incorrect for this boiler.

Your Engineer failed to check the electrics were safe and the next day the boiler failed once again.

I will also remind you of the Right to Repair Scheme which you have also failed to inform me of and require the compensation I am entitled to under this scheme due to your failures as my Boiler is a Qualified Repair under the Right to Repair Scheme:

https://www.communities-ni.gov.uk/right-repair-scheme#:~:text=The Right to Repair Scheme covers small%2C urgent repairs costing,or safety of the tenant.

I now require the following:

1. Clarification if those Engineers that came out to fix this boiler are Gas Safe Registered and there Registration Number.

2. Copy of your Right to Repair Policy not the leaflet.

3. Copy of your Complaints Policy not the leaflet.

4. Coy of your Compensation Policy not the leaflet.

5. List of your Nominated Contractors as your present Contractor seems unable to fix boiler issue or has no knowledge how to repair these boilers and wish to choose a different contractor which I am entitled to do so and if you refuse this I require full clarification as to why and which Housing Act/Legislation.

6. Due to the water from the boiler leaking onto the electrics and that I have lost any trust in your contractor ability to fix these boiler and the water leaking all over the electrics due to this safety issue I require an Electrical Inspection to be carried out and if this is refused I require full clarification as to the reason why with the relevant Housing Act/Legislation.

7. I require a copy of the details when this specific Boiler was installed into my property and a copy of the last Gas Safety Inspection Report.

8. Clarification why you are failing to inform Tenants/Residents if there Reported Repair is a Qualified Repair under the Right to Repair Scheme and there Rights under that Scheme as you are Legally required to do but fail to do this.

Due to the above and your failures in this matter even ignoring a Stage 2 Complaint to date I now require a Letter of Deadlock so that I may proceed to the Housing Ombudsman on this matter.

If you fail to acknowledge this letter within 7 days I will take that as your agreement to a Letter of Deadlock and will proceed to the Housing Ombudsman

 

 

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letter has been sent, I sent a copy in post fully tracked. I also sent a copy by email.

I had a email back shortly after sending it but she had not read my letter in full and said she would message in full again after reading it.

But agreed that she had taken too long to respond. She has asked if she can meet with us in person next week. I'm not sure I want to meet in person. I prefer every thing to be in writing so I have a record.

Do I have to agree to a in person meeting?

Karbon Homes were meant to come this morning, I cancelled and re arranged one of my sons hospital appointments so I could be here today. At 8am just like clockwork I had a phone call from Karbon homes saying sorry we can not come out today, our Engineer has just called in sick 🙄

 

Thanks again 

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Hi

Bet she read the last part of the letter to reply that quick especially as it mentioned if no response about deadlock letter.

She agreed she had taken to long to respond, actually she has breached Eden Housing own Complaints Procedure due to her Maladministration.

So what do you do now well you write/email and add to your complaint the repair contractors failure to come out the reason given and the re arrangements you had to make to accommodate that repair appointment that now did not happen and that you now have absolutely NO faith nor Trust in this Contractor and as stated you require Eden Housings list of Nominated Contractors.

Point to note anyone that comes out to deal with that Boiler or anything Gas wise within your Property as I assume it is Gas before you let them touch that Boiler or anything Gas wise you make sure and ask to see there Gas Safety Register ID Card and if they can't produce one then they don't touch that Boiler or anything Gas within your Property.

WWW.GASSAFEREGISTER.CO.UK

All Gas Safe registered engineers carry a Gas Safe ID card. Always ask to see the card of any engineer working on your appliances. Find out what’s on the card and what it means.

 

My own Housing Association hated it when I done this and if no Gas Safety ID my response it to just go Bye you ain't getting in and make a Formal Complaint about the Contractor having no Gas Safety ID which is the reason I wouldn't let them in my property. They make sure not to make that mistake now and always have that Gas Safety ID with them as they know I will ask for it or they ain't getting into my property.

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I have emailed her, I emailed her back this afternoon told her about contractor not coming out and cancelling my son's appointment so I could be there. I told her again that I don't have faith or trust Karbon Homes and don't want them coming to fix boiler. I asked her again for a list of Eden housings nominated contractors.

She emailed me back tonight and Her response was please let Karbon Homes come and fix in morning. If I have to arrange for a different contractor it will take time and you will be without heating and hot water longer.

She has said if I allow Karbon homes to repair in morning she will send another contractor as soon as she can to do a full audit and acessment of boiler to make sure it's safe and Job has been done properly.

Should I agree or not? Not sure what to think of do?

She also wants to split my complaint in to 2 and hand the more recent problems to a different person to deal with.

Try not to laugh but she said apparently this week they have employed a complaints manger just to deal with complaints. It's apparently and brand new position.

I don't know if I should believe her or not. If they have to employ someone who's only job is to deal with complaints that sure must mean they get alot of complaints.

I'm not sure I feel comfortable with it being split in to 2. I don't want to have to deal with 2 different people and have to explain everything again. 

It will make things so confusing 

 

Any advice as to what I should do much appreciated

Thanks again 

Edited by Teddybear154
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Hi

As this is to do with Gas I would agree to let Karbon Home carry out the repair on the understanding that an independent inspection of the Gas Boiler is carried out but you put the ball in your Court.

Amend the below to suit

(note if Karbon Home show up and you ask and they fail to show you Gas Safety ID Card do as in the below)

 

Eden Housing

Further to your Email dated XX/XX/XXX at XXXX Hrs

I agree to allow Karbon Homes to carry out this Repair and as I have previously stated I have lost all faith and trust in this contractor but will allow this and hope they are carrying there Gas Safety ID Card which I will be asking to see before I will allow them anywhere near this Gas Boiler.

If the Karbon Homes Contractor fails to show me his Gas Safety ID Card then they will not be Gas Safety Registered and therefore I will not allow the Contractor to carry out any work to this Gas Boiler and will immediately notify yourself of the issue.

If they do show there Gas Safety ID Card I will allow then to carry out the repair but this will only be on the understanding and I require clarification that you agree to an Independent inspection being carried out and that I am informed exactly which contractor you have chosen and that I must agree to that Contractor. If I do not agree with your chosen Contract for that Independent Inspection then you must give me an alternative Contractor and I require Clarification of this.

With the Independent Inspection of the Boiler I require to be given a copy of the Report of that Inspection and Clarification that this will be done.

As for you wishing to split my Complaint into two parts I DO NOT agree to this with a Stage 2 Complaint that you have previously failed to acknowledge until this further complaint and the only reason you responded was the threat of the letter of Deadlock and to date you are still in Breach of your own Complaints Procedure.

If you choose to split my Complaint into two part that is your choice but I expect a full response to my complaint in one letter and within your Complaints Time Limits which are Breached already.

I require Clarification if you are looking into the Compensation for having NO Heating and Hot Water for Months due to the complete failure of Karbon Home Contractor to fix this Boiler.

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Just thought I would give you another update, a Karbon Homes Engineer did turn up today. I asked to see the gas safety ID and they got funny with me.

They did eventually go and get it from there van and showed me.

I let him in and he had fan with him. He had a look at boiler and asked me to explain again. He was more thorough than last engineer andhe was convinced it wasn't fan. He also said Boiler Engineer that came out Saturday had damaged a side panel so when it was on it left a gap to fumes could leak out.

He went out side and rang Alpha, After supposedly speaking to Alpha he came back in and told me Engineer on Saturday had completely broken boiler and that I need a brand new boiler and he could not fix today 

so I've emailed Eden to see what happens now and to tell them I'm not happy that engineer on Saturday broke boiler then left it in safe.

 

Ive told them I do not trust Karbon Homes to install a entire brand new boiler and want a different company to do it.

I've asked again for a lift of there other nominated contractors.

 

will wait and see what there reply is

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Hi

That is disgraceful that engineer on Saturday left that boiler in a unsafe condition

Ask Eden for that Engineers Gas Safety ID Card Number as you are reporting that he. left you boiler in a unsafe condition to the Gas Safety Register

Has the boiler been put in a safe condition or switched off?

The last thing you want is Carbon Monoxide leaking into your property and do you have a working Carbon Monoxide Detector in your Property?

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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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Boiler has been completely shut off for safety. And yes thankfully I have 2 carbon monoxide detectors.

Just had a email from Eden Housing they have agreed to Boiler replacement. They are going to get a different company to install a new boiler thankfully.

I was terrified at the thought of Karbon Homes installing a new boiler.

No idea how long it's going to take for a new boiler to be installed. Let's hope they actually do install new boiler.

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Hi

Very good point on the Heating and Hot water Costs.

So you need to work out roughly how much extra electricity you have used and cost from when this all started right up to date and ongoing until that New Boiler is installed and then you add that to your Complaint as you want to be compensated for the extra heating costs due to Eden Housing Failure.

1. Due to the incompetence of Karbon Homes Engineers Failing to repair the boiler properly when this was reported last year to date.

2. Due to the incompetence of Karbon Homes Engineers further damaging the boiler causing a serious Carbon Monoxide leak resulting in Eden Homes have to approval a New Boiler which Karbon Homes nor Eden Homes are actually paying for as it is paid for by the Tenants Rents therefore Eden Homes should be recouping these cost from Karbon Homes.

3. This is a Serious Health & Safety issue the failing of Karbon Homes Engineers to not properly repair a Gas Boiler but ultimately leaving it in such a state with a serious leak of Carbon Monoxide which could have been potentially fatal a proper investigation into Karbon Homes Engineers needs to take place by Eden Housing.

4. The extra costs of having to use electricity for Heating and Hot Water from last year to date with Disabled Children in the property which Eden Home seems to have neglected to factor into all this by Breaching your own Complaints Procedure and the Equality Act in dealing with this.

 

 

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