Boiler Breakdown Repair Claim declined

[Lunar69]

Good evening, 

 

I am currently in dispute with my Boiler Breakdown cover Company -  247HomeResecue.  I have enclosed the terms and conditions in case someone would like to check them over.

My claim for boiler repair was declined by 247HomeResecue, Reason given - my boiler is Beyond Economical Repair (BER). They have sent me the calculations and confirmed the BER amount is £270. Their own Engineer quoted £440 to do the repair , so they declined stating the boiler was BER. But in the same telephone call they offered to phone the manufacturer of the boiler direct and organiise the repair at my full cost.  The repair was organised by them at a cost of £246, which I had to pay in full. 

 

I would like to get my £246 refunded as I think it should have been covered by this plan.

 

My reasoning is -

I can see nowhere in the plan that the repair can not be outsourced by them to the manufacturer. 

I can see nowhere in the plan that if they defer they are not liable for costs.

 

That being the case is there any way I can sue for Breach of Contract? 

 

This Company is not covered by the FCA and have been unhelpful at every stage. I have followed the complaint process tot the final stage and I am now at the point of issuing a Letter Before Action. To date the Company have refused my claim in full. 

 

I would appreciate any advice/help on any legal advice that can be offered to me/ next step advice / chances of success.

My boiler terms for date I signed up.pdf

[Lunar69]

Yes, I have email correspondence from 247Homecare that this is the amount they have calculated the BER to be.

"BER limit £270"

[Lunar69]

Thank you BankFodder for your letter.

 

I have threatened Legal action before and they haven't moved one inch. If I have to submit a claim via the Small Claims Court - what legal 'precedent' would it be? Breach of Contract? Unfair Contract? 

 

Does anyone see a get out of jail card for 247HomeRescue in the Contract I supplied?

 

I have read it and I can't see anything but I'm not legal minded and this would be my first 'claim' so I'm a little nervous. 

 

Thank you.

[Lunar69]

Thanks BankFodder for your help.

 

I am about to issue the Letter Before Action, I've only got the Final Response email from their Complaints team today,  but just wanted some reassurance before doing so as Im not legally savvy and the terminology in the contract is a little confusing.

 

 

[Lunar69]

Final offer emails-  there is a typo in it - I am Not entitled to a refund in point 1, I did send my email back saying I accept as his typo said I was eligible - but he quickly sent another email saying it was a typo and I was not entitled to a refund. 

 

 

Email 1

 

Quote

 

Thank you for your response. We are sorry to learn that you are not happy with the provided resolution. 

In regards to your further query, we can confirm that we are now authorised and regulated by the Financial Conduct Authority (FCA). However, your matter does not relate to a contract of insurance, but in fact a plan. Therefore, you do not have the benefit of reporting this matter to the Financial Ombudsman Service. 

In terms of your queries, please be advised as follows: 

1. Your request: “Refund of the cost you charged me for the boiler repair of £246.” 

We have clarified and summed up your concern regarding the repair cost of £246 in our previous response dated 2nd December 2021. As we instructed the manufacturer who attended your property on 13th November 2021 and completed the job successfully. Therefore, you are entitled to a refund. 

2. Your Request: "In addition, an exgratia payment of £100 for the poor handling of this repair and complaint."

We have clarified and summed up your concern that you logged the claim online and provided your tenant's contact information. As per our record, our relevant team contacted your tenants only on 7th November, 10th November & 11th November. We shared the exact information with the manufacturer so that you or your tenant would not fail to take advantage of your appointment and to ensure matters were resolved swiftly without any further delays.

3. Your Request: "To be freed from my plan immediately with no penalty charged."

We have clarified and summed up your concern regarding the cancellation in our previous response dated 26th November 2021. Either you can provide a 30-days notice or for immediate cancellation, there will be a cancellation fee of £144.

However, as a resolution to your complaint, we can cancel your plan with immediate effect as a gesture of goodwill by waiving the cancellation fee of £144 that you would normally be required to pay as per the terms and conditions of your plan.

Please be advised that we maintain our position and our further gesture of goodwill offer in the sum of £30 remains open to you for acceptance in the full and final settlement. 

Please note the following points as discussed regarding your concerns:

1. The cancellation fee of £144 has been waived and offered to cancel your plan with immediate effect.

2. Offered a refund of £30 as a gesture of goodwill.

 Once again, we are sorry for the inconvenience we caused you and hope you will find that the points above offer an appropriate explanation and a fair resolution. 

 

 

 

Email 2

Quote

 

As you mentioned, your boiler was repairable and it got fixed by a reputable nationwide company for the total cost of £246.

In regards to the misunderstanding, we have never addressed your boiler as unrepairable, we always advise you that it was beyond economical repair, in which we use the boiler's purchase value, age, make, and model. The calculation illustrated below outlines how the BER value is calculated. The
boilers current market value is calculated by looking at the purchase value and applying a 10%
depreciation on this value for each year that the boiler has been in use (age of the boiler). We cover
repairs of up to 80% of the boiler’s current market value.

As you were concerned about the breakup and calculation of the repair cost which you were offered in the first place, the detail mentioned below:

Boiler Type: Ideal (Mini C24, 24KW Combi Boiler)
Boiler Value: £566
Market Value: 272.72
BER Limit: £270.72
Part: £320.37
Part + VAT: £384.44
Labor: £54
Total Cost of Repair: (Part + VAT: £384.44) + (Labor: £54) = £438.44

In regards to the repair, our technical team offered an option with the manufacturer (Ideal) repair for £246. As we instructed the manufacturer who attended your property on 13th November 2021 and completed the job successfully.

There is not a breakdown for the manufactures offer, as it is cheaper than the original cost of the repair. We offer manufacturing repair for a fixed fee.

Therefore, please be advised that we maintain our position and our gesture of goodwill offer in the sum of £30 remains open to you for acceptance in the full and final settlement.

 Once again, we are sorry for the inconvenience we caused you and hope you will find that the points above offer an appropriate explanation and a fair resolution.

Under the terms of our Complaints Procedure, this is our final response.

 

 

[Lunar69]

@Ethel StreetThank you for your advice - I have added email responses of their BER calculations and the final response email. 

[Lunar69]

Hello

 

This is my draft Small Claims form explanation of what has happened. Having read the guide I'm conscious that it should be a brief explanation. Any advice on bits to add/delete appreciated. The 15th day is this Friday.

 

Thank you.

 

 

I submitted a claim to the defendant to fix my faulty boiler on 7^th November 2021. The defendant declined my claim on 9^th November 2021 stating reason as their Engineer had deemed Boiler was Beyond Economical Repair (BER).

Defendant telephoned to advise me of the claim decline, at same time, offered Boiler repair by manufacturer as an alternative solution at a cost of £246 to me in full. This repair was arranged by the defendant via a telephone call with myself and I paid them on the telephone by credit card.

 

The defendant breached their contract by

a)       Failing to repair my boiler.

b)      Failing in their duty of care to correctly calculate the BER.

c)       Applying unfair pricing to both part and boiler costs within their BER calculations that unfairly advantaged the claimant.

d)      Unfair contract terms in advertising a free annual boiler service on their website but once purchased, within the contract terms then bind the claimant to an additional minimum 12 month contract once the offer of the free annual boiler is taken up.

e)      On the 30^th November 2021 the claimant sent a Subject Access Request to the defendant. The defendant failed to comply fully to this request.

f)        On the 15^th December 2021 the claimant sent another Subject Access Request to the defendant for the missing information. The defendant failed to comply fully to this request also.

 

 

 

 

[Lunar69]

Thank you Dx

 

I can only find instruction on this site to state the basic facts of the case. Im using the online service. Since you posted I have re-read and searched and can not find any other pages that suggest more to add. Would you kindly point me in the direction of the page that would give me better guidance on what to add, to make it CPR Compliant.

Thank you.

[Lunar69]

Thank you BankFodder.

 

My email to them, giving them 14 days before action, was on 16th December 2021. (All our communication has been by email or telephone calls.)

 

My claim was made on 7th November. The boiler was fixed on November 13th. The tenant was left with no hot water and no heating. We refunded the tenant £50 rent and gave him a gift-in- kind of £20.    247 Homerescue have offered £30 compensation, immediate cancellation of policy and to refund £59 in unused premiums (the offer was made with no caveats), so I would like to claim these all at the same time. 

 

247 Homeresecue are now regulated by the FCA but they weren't when I took the policy out and as its a plan and not insurance, the FCA said they would not get involved. 

 

I do have a voice recording that they sent me under the SAR request, where the Customer Service Agent says that they are unwilling to pay out more than my policy cost. I have listened to it a few times and Im pretty sure that is what she said, I questioned her on it in the call and then she denies saying it. I have played it to my husband and he agrees with me that she did say this. Can I submit this as evidence too? They supplied the recording. I can transcript that section (the call itself is 30 mins long but that section is about 5 mins long.

 

[Lunar69]

Why cancel? I have no faith left in this Company at all. The more I have dealt with them and googled them, the less I want to deal with them. They have appeared on the BBC TV Rogue Traders program - which does not surprise me now.  They constantly send me emails about their free annual boiler service but hidden within this contract it states that if you take up the boiler service, they can then tie you in for another 12 months. I think I am best shot of this contract all together.

 

Yes, they did know it was a tenanted property and worse still I advised them on numerous occasions that he was in his first week of a new job and that they were not to telephone him, but to contact me, regarding getting this boiler repaired. But on numerous occasions they kept phoning him and the tenant complained to us about it, potential to risk him losing his job. 247 then continued to do so. They do state in there last email to me 'we are sorry for the inconvenience we caused you'

[Lunar69]

Thank you BankFodder for your help and I appreciate your viewpoint on the situation. I will certainly bear this in mind, I hadn't thought about the complications of cancelling a policy going forward.

 

Do you have a viewpoint on the voice recording of the agent? I know its not relevant at this stage but as I will have to start transcribing, I thought I would ask you now.

 

I shall sleep easier tonight. Thank you again.

[Lunar69]

Thank you for your time. I will keep you informed. Until then, Happy New Year to you.