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Overcharged for new boiler installation?

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bruncher
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Re: Overcharged for new boiler installation?

#222046

Postby bruncher » May 16th, 2019, 11:06 am

Wow, thanks GS! I doubt the insurance-assigned solicitor will give this quality of attention.

As to whether the system upgrade was urgent: it became more so after the engineer condemned the boiler. He put it back on the wall (when contract signed) after removing it for inspection - said he could allow me to use it over the weekend as he knew it was being replaced on the following Monday.

XYZ is a large regional company. The operation is quite slick and makes scrutiny difficult e.g. the engineer has a small A5 size laptop where he "showed me" the invoice/contract, and then asked me to sign on the laptop touch screen, so everything is electronic, no paper. The screen is small and it's on his machine so I can't just sit in a corner and have a look through in my own time.

I only got sent invoices/recommendations after signing them, and paying (in full or 50%), not before.

GoSeigen
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Re: Overcharged for new boiler installation?

#222061

Postby GoSeigen » May 16th, 2019, 11:25 am

bruncher wrote:Wow, thanks GS! I doubt the insurance-assigned solicitor will give this quality of attention.

As to whether the system upgrade was urgent: it became more so after the engineer condemned the boiler. He put it back on the wall (when contract signed) after removing it for inspection - said he could allow me to use it over the weekend as he knew it was being replaced on the following Monday.

XYZ is a large regional company. The operation is quite slick and makes scrutiny difficult e.g. the engineer has a small A5 size laptop where he "showed me" the invoice/contract, and then asked me to sign on the laptop touch screen, so everything is electronic, no paper. The screen is small and it's on his machine so I can't just sit in a corner and have a look through in my own time.

I only got sent invoices/recommendations after signing them, and paying (in full or 50%), not before.


Sorry about what you've gone through. It must have felt intimidating at times.

The points above seem all in your favour. Traders can't just give you a screen to briefly look at and sign. They have to give you required information on a "durable medium". There is case law on this but essentially you should have a paper copy or an email with all the relevant information which you can save and keep on your own device. And a key part of that information is that you may cancel within 14 days.

You must also have given written consent to their beginning work before the end of the cancellation period.

All this stuff is not so hard for the company to do -- but then if they did it a lot of their customers would be cancelling in the cooling-off period and they would not be able to charge the extortionate rates any more!


Just a word about me and the solicitor. I am a bloke on the internet -- he is a solicitor. You should check my work thoroughly, pay careful attention to anyone who puts a different point of view, and look for the Trader's possible defences with an unbiased eye (maybe get a knowledgeable friend's opinion). Finally: you will have comeback if your solicitor slips up but nothing from me I'm afraid!


GS

GoSeigen
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Re: Overcharged for new boiler installation?

#222261

Postby GoSeigen » May 17th, 2019, 6:08 am

bruncher wrote:I had a heating engineer visit on a Friday as I was experiencing problems with the system.
[...]


bruncher, PMs sent...


GS

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Re: Overcharged for new boiler installation?

#255112

Postby bruncher » October 1st, 2019, 12:28 pm

I am still pursuing this matter. If anyone here has experience of using an expert witness in this area of business, I would be interested to hear. Please PM if you feel it is better kept confidential.

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Re: Overcharged for new boiler installation?

#255120

Postby dspp » October 1st, 2019, 12:49 pm

bruncher wrote:I am still pursuing this matter. If anyone here has experience of using an expert witness in this area of business, I would be interested to hear. Please PM if you feel it is better kept confidential.


From time to time I do expert witness work in another area, where the sums involved have typically got one or two extra zeros on them. Basically it isn't worth my while unless the bill to the client is going to be at least £2k, and to be honest even at that level the work involved from my side is typically far greater than I charge for so I really do it as a service to the community in bringing the parties to a resolution. I don't know if that helps you put expert witnesses in perspective in these sorts of things.

regards, dspp

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Re: Overcharged for new boiler installation?

#301946

Postby bruncher » April 20th, 2020, 1:41 pm

I was asked on a different thread, how this matter has worked out.

It is still unresolved. The lawyers provided by my home insurance changed their minds and decided that I now had 50% chance of success rather than 51% which is required for them to continue. (IMHO they realized that the company we were up against are not afraid of a solicitors letter, and so they threw in the towel)

The excellent solicitor I have used for many jobs was reluctant to to get into it, but finally agreed to discuss it. The clarity that this brief interview brought was very helpful. He went back to the beginning - what was the original problem that I had made the call-out for? What was the advice regarding that problem? Step-by-step in logical sequence - something the assigned insurance solicitors never took me through. My solicitor advised that I get a comprehensive expert witness report, which I did. I have forwarded that to the insurer, to see if they will get back on the case.

The expert report states that the problem with the system could have been fixed for a few hundred pounds, and that although a recommendation to replace the boiler and tank was reasonable, there is no evidence it was immediately necessary. And any quote should have been inclusive.

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Re: Overcharged for new boiler installation?

#301975

Postby GoSeigen » April 20th, 2020, 3:05 pm

bruncher wrote:I was asked on a different thread, how this matter has worked out.

It is still unresolved. The lawyers provided by my home insurance changed their minds and decided that I now had 50% chance of success rather than 51% which is required for them to continue. (IMHO they realized that the company we were up against are not afraid of a solicitors letter, and so they threw in the towel)

The excellent solicitor I have used for many jobs was reluctant to to get into it, but finally agreed to discuss it. The clarity that this brief interview brought was very helpful. He went back to the beginning - what was the original problem that I had made the call-out for? What was the advice regarding that problem? Step-by-step in logical sequence - something the assigned insurance solicitors never took me through. My solicitor advised that I get a comprehensive expert witness report, which I did. I have forwarded that to the insurer, to see if they will get back on the case.

The expert report states that the problem with the system could have been fixed for a few hundred pounds, and that although a recommendation to replace the boiler and tank was reasonable, there is no evidence it was immediately necessary. And any quote should have been inclusive.


Sounds good, hope you nail them!

GS

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Re: Overcharged for new boiler installation?

#473074

Postby bruncher » January 14th, 2022, 1:37 pm

GoSeigen wrote:
bruncher wrote:I was asked on a different thread, how this matter has worked out.

It is still unresolved. The lawyers provided by my home insurance changed their minds and decided that I now had 50% chance of success rather than 51% which is required for them to continue. (IMHO they realized that the company we were up against are not afraid of a solicitors letter, and so they threw in the towel)

The excellent solicitor I have used for many jobs was reluctant to to get into it, but finally agreed to discuss it. The clarity that this brief interview brought was very helpful. He went back to the beginning - what was the original problem that I had made the call-out for? What was the advice regarding that problem? Step-by-step in logical sequence - something the assigned insurance solicitors never took me through. My solicitor advised that I get a comprehensive expert witness report, which I did. I have forwarded that to the insurer, to see if they will get back on the case.

The expert report states that the problem with the system could have been fixed for a few hundred pounds, and that although a recommendation to replace the boiler and tank was reasonable, there is no evidence it was immediately necessary. And any quote should have been inclusive.


Sounds good, hope you nail them!

GS


Well I have recovered some of the money. Unfortunately my solicitor has been very unwell so I had to do the particulars of claim myself. The defendant made an offer which I declined but suggested a higher amount which they agreed to. Still well short of the amount I was claiming, but that in itself was not straightforward to assess. Whether I would have got a better settlement if I'd held my nerve and gone for trial is unknown, but there is always risk so I settled.

I'm still annoyed that the useless solicitors appointed by my insurer got paid more than my settlement, and they didn't really help me. They had apparently exceeded the amount allocated for legal work just at the point when the money claim form needed to be filled in, although they kindly filled in my name and address for me - I wonder how much that cost!

bruncher
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Re: Overcharged for new boiler installation?

#473208

Postby bruncher » January 15th, 2022, 12:18 am

And finally, just want to say that I don't think I could have seen this through without the generous support here. Thanks for all the useful contributions!


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