Issues with old house after completion

Doozergirl

ericonabike wrote: »

To play devil's advocate, you may have assumed some level of plumbing expertise in saying the system was 'in good working order'. That's opinion, rather than fact and suggests that you either knew something about central heating, or had taken advice from someone who did. Better perhaps to have said that the system provided heating and hot water on demand and that you were unaware of any defects.

The question asked would have been 'is it in good working order' and their reply would have been 'yes'. It wouldn't have even been their phrase. It's a standard question.

ericonabike wrote: »

Agree talk to your lawyer - try the following quote from Jerome K Jerome on him:

'If a man stopped me in the street and asked me for my watch, I'd refuse to hand it over. If he offered to fight me for it I'd give a good account of myself. But if he threatened to take me to court I'd give him the watch and think I got off lightly.'

I give up. I have no idea what that means!

LandyAndy

ericonabike wrote: »

. Agree talk to your lawyer - try the following quote from Jerome K Jerome on him:

'If a man stopped me in the street and asked me for my watch, I'd refuse to hand it over. If he offered to fight me for it I'd give a good account of myself. But if he threatened to take me to court I'd give him the watch and think I got off lightly.'

:rotfl::rotfl::rotfl:

Doozergirl

Ok. I get it now. I am so hungover.

steveywonda

ericonabike wrote: »

To play devil's advocate, you may have assumed some level of plumbing expertise in saying the system was 'in good working order'. That's opinion, rather than fact and suggests that you either knew something about central heating, or had taken advice from someone who did. Better perhaps to have said that the system provided heating and hot water on demand and that you were unaware of any defects. Agree talk to your lawyer - try the following quote from Jerome K Jerome on him:

'If a man stopped me in the street and asked me for my watch, I'd refuse to hand it over. If he offered to fight me for it I'd give a good account of myself. But if he threatened to take me to court I'd give him the watch and think I got off lightly.'

Hi, just to add, we didn't write that it was in good working order, just ticked the box on the form...


Thanks,

poppysarah

If you were getting heating and hot water from it then that's as good as it gets.

steveywonda

Quick update...

I still haven't replied to the letters. I still don't think I should really and I feel that they're trying to scare us into paying them something - like the Jerome K Jerome quote!

Anyway, I just thought, as the the boiler was the only thing using Gas in the old house that I'd contact the supplier and see what they suggest. They've just given me a couple of meter readings, which clearly show that we were consuming gas (they can't say that this proves that the boiler was working) between March and moving out in May at a rate consistant with the rest of our consumption.

So surely that's proof that we had a boiler 'in good working order' to the best of our knowledge?!

justjohn

poppysarah wrote: »

Their solicitor isn't saying it to you.

In Scotland the law is different I think and there's 7 days to complain ...

but ignore these monkies.

Depends whats on the missives, Even so try enforcing the 7 days. You would need to sue.

ciano125

steveywonda wrote: »

Quick update...


Anyway, I just thought, as the the boiler was the only thing using Gas in the old house that I'd contact the supplier and see what they suggest. They've just given me a couple of meter readings, which clearly show that we were consuming gas (they can't say that this proves that the boiler was working) between March and moving out in May at a rate consistant with the rest of our consumption.

So surely that's proof that we had a boiler 'in good working order' to the best of our knowledge?!

I'd have said so. Get your solicitor to write to them and say that bearing in mind there is nothing else in the house which uses gas, the gas usage suggests that the boiler was being used. There is certainly no need to tell them that the gas company says that they can't prove the boiler was or wasnt working of course. That's up to them to prove and with the information you have, I'd have said that on a balance of probabilities (rather than beyond all reasonable doubt) you'd win that case quite easily. After all, what else could have used the gas??

Then tell them to knackers and stop bothering you or you'll report them to the police for harrassment.

steveywonda

Sorry quick question.

If it went to court would it be up to them to prove that the boiler wasn't working before completion, or up to us to prove that it was working OK?

Thanks

neverdespairgirl

If they sue you, they have to prove it was more likely than not that the boiler wasn't working.