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Looking for advice,Dispute with BRIT GAS

Hi All, MSE NEWBIE, ........ Please be kind.

in a dispute with BG regarding homecare agreement

started cover 2003 subject to INITIAL INSPECTION

Dec 2006 Boiler condemned (feel they were responsible but did not complain)

Direct debits were not cancelled as 2 more months payments owed for that year but contract should have been stopped.

New bolier not fitted until late April 2007 with its own warranty. (Had no intention of starting new agreement as promises made not kept and last boiler condemned due to servicing/repair. BG were never informed of new boiler being fitted.
INTERIM PERIOD NO PHONE CALLS, NO INSPECTIONS, NO ENGINEERS VISITS.
Discovered still taking payments for old bolier Dec 2009. Enquired,apologetic operator agreed owed refund BUT booked engineer to inspect new boiler Jan 2010. (Hadn't planned on this but expected no problem with refund at this point.) Offered £30.00.. No Thanks, will complain in writing.
Have just been offered £50.00 goodwill gesture as they argue Jan Visit meant agreement had continued & claim 6 letters over 3 year period warrants payments of £621.49
I have returned no thanks letter & have set straight all arguements. evidence etc. (their arguement is that condemned boiler had at risk label & would have been inspected yearly & repairs would have been carried out had I requested. NOT TRUE, their argument is interpretation of at risk but
my written evidence disputes all claims.
I,m guilty of not noticing d/d and discarding 2 letters per year as junk mail.
Do not understand why I am having to make explanations for that when no reasonable explanation has been given for why they took payments to begin with.ALL EVIDENCE HERE BACKS UP MY CASE.
Do not understand how they can say agreement maintained when new boiler not on agreement & would have been subject to Initial Inspection
As BG will inspect anyones boiler (without cover) for £50.00. I have requested refund deducting £50 for inspection from amount = £571.49
How can they keep this for 6 letters even when the first mistake in continuing agreement was their mistake.
Lots more to add if anyone has questions but really could do with advice.
Any response welcome....thanks
PROUD MEMBER OF

MIKE'S :cool: MOB!
«1

Comments

  • If BG have been sending you renewal notices. Which the system can show if they have been chances are you may only be refunded 1 year of homecare.

    With the boiler being condemed did you have any other products on your homecare agreement ?.
    His Heart Proved He Was A Red
    Suarez, Suarez
    We Bought The Lad From Amsterdam
    We Know He's Not a Chelsea Fan.
    Fernando Torres = El Judas
  • Cardew
    Cardew Posts: 29,064 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Rampant Recycler
    I,m guilty of not noticing d/d and discarding 2 letters per year as junk mail.

    Your difficulty is just that!

    You didn't cancel the agreement. Was the homecare for boiler only or Central Heating?

    You didn't cancel your DD.

    You ignored letters as you thought they were Junk mail.

    Why do you therefore state "the contract should have been stopped?" Why would BG cancel an agreement that you hadn't told them to cancel? and carried on paying them by DD?

    BG had you 'on cover' for that period.
  • HI, THANKS FOR RESPONDING, For the sake of your sanity I won't get started! I'd also reported this query in the consumer forum and my explanation of what point I'm trying to make appears to have left them all scratching their heads & thinking I'm a bit of a nutter. I'm unable to make a long story short, no matter how long I drone on, I still don't get the point across...GAG ME NOW!!
    Too late:

    1 Point: The dispute hangs on the interpretation of what condition the boiler was in. Condemned being the word as BG admitting it was condemned would have meant they would have cancelled the agreement.

    As far as they are concerned, it was at an AT RISK status and therefore still covered under the agreement and therefore, I Should have cancelled the agreement.

    Its open to interpretation and how well you prove the point.

    I believe my evidence proves me right and as such it was condemned. Also have very good evidence against service promised was not what was given.

    Customer Service defend payments taken from information on computer and not full facts. Has made an admission for some responsibility in confusion. Offer of £50 'GOODWILL' has been declined. Soooo many contradictions & bull I'll take my chances. I've admitted my mistakes without question and I believe I have been fair in refund asked. Would just like a bit of honesty and explanation from the BG team, I can provide evidence of omissions from reports etc. A true account of events and an admission of their mistakes would be good even without payment. And an apology for service, lies and misinformation. I'll press on regardless of what response they give me, perhaps a third party can look at all the info and make a decision for us. I'll post the outcome whatever happens.

    Have a great weekend
    PROUD MEMBER OF

    MIKE'S :cool: MOB!
  • I think what you are getting at is they should have cancelled the agreement off their own back rather than you.

    However I fail to see how you did not notice this leaving your bank for 24 months. BG will have sent you a renewal so Im guessing they "may" refund 1 year worth of payments because they must send you a renewal notice. So at this point surely you would have cancelled it here ??.

    As for 2 years back payments I doubt you would get that.

    Plus remeber if you have any other products e.g. plumbing and drains or electricals. your refund may be less than you expect.
    His Heart Proved He Was A Red
    Suarez, Suarez
    We Bought The Lad From Amsterdam
    We Know He's Not a Chelsea Fan.
    Fernando Torres = El Judas
  • Cardew
    Cardew Posts: 29,064 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Rampant Recycler
    BG will have sent you a renewal so Im guessing they "may" refund 1 year worth of payments because they must send you a renewal notice. So at this point surely you would have cancelled it here ??.

    .

    Have you not noticed that the OP said they were guilty of " discarding 2 letters per year as junk mail"? presumably the renewal notices?
  • Hi Liverpool FC Fan and appreciate the post.
    Truth is hun, its no longer about the money. I'm an honest person & I'll pay my dues. Not looking for freebies. Never complain as a rule and go with the flow. Fact is, been to laid back with whole situation. Matter of principle. Paying customer that deserves the truth. Its the bull.... they're giving me and excuse that is nonsense. Regardless of a refund, I think I'd prefer a regulator to look at it just to rule on how the whole situation was handled including servicing of old boiler(condemned in 4 years of them taking care of it because they FOULED up. evidence again to back that up) Even then I didn't make a fuss. Its the lies and pathetic excuses that they are giving me now.Tell the truth & don't treat me like i'm an idiot, surely a customer deserves that. Ignore the money for now, success would be an apology for the way agreement was maintained, an admission that they ballsed up the boiler and the truth over it being condemned.
    That would make me happy. They don't deserve to keep the money and I admitted my mistakes. I'd sooner see the money donated to a charity. If the money is off the table for both sides, maybe the truth will out! Only way to get an unbiased opinion is for unbiased 3rd party making the decision. I'm happy to let them decide the matter & sure as hell won't tell them a pack of lies or variations of the truth to coverup my mistakes. Hoping British Gas got the balls to do the same. I'll post the outcome either way.

    Whether agreed with or not, you give great advice guys. MSE ROCKS!! Keep up the great work! A lot of us mushrooms out here would believe the S... we're fed if it weren't for you.
    PROUD MEMBER OF

    MIKE'S :cool: MOB!
  • Joyful
    Joyful Posts: 2,429 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    What does the original paperwork you have from the Engineer say? Does it say condemned or at risk? Out of curiosity can any gas engineers tell me the difference?
    Self Employed, Running my Dream Jobs
  • Hi Joy & thanks for post

    Funny enough, I've been looking at the paperwork again myself. It all kinda contradicts itself to be honest. Part of the arguement IS the contradictions & how the whole thing has been so misleading. Hate to see them get away with it purely because of mis leading info. Still stick to my arguement about how agreement was maintained. Chances are I won't get owt back & that fine. That said, don't agree with their arguement to keep it. Sooner see it paid to a worthy cause. Hope you're not dealing with the complaint & getting background info! LOL. only playing with you.
    PROUD MEMBER OF

    MIKE'S :cool: MOB!
  • Joyful
    Joyful Posts: 2,429 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Nope I work in the Energy side. I'm still interested in what word was used in the paperwork though.
    Self Employed, Running my Dream Jobs
  • pollsdolls
    pollsdolls Posts: 2,960 Forumite
    edited 13 February 2010 at 7:50PM
    I was wondering why you are running 2 threads with the same dispute. Is it an oversight, as you started them within an hour of each other??

    Perhaps you could ask a mod to merge them. That way you can accept the given advice more easily. HTH



    Old boiler dispute
    ~ What goes around comes around ~
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