Boiler not fit for purpose?

thejoyces

Hello

Gosh where to start... we have a vailiant eco plus boiler that was installed into a new build property in 2006. When we moved into the house the chief engineer had to come out and show us how to use the damn thing as it's so complex and has never really been right but it gave heat and water so not a problem.

2006 Engineer out to show how to work it
2006 Engineer out due to problem
2007 - Boiler fixed under warrant
July 2008 - Boiler not working called out engineer took out care plan
July 2008 - Boiler not working called out engineer
Nov 2008 - "
Nov 2009 - "
Jun 2010 - "
July 2010 - "
Nov 2011 - Boiler not working no error messages just no heat/water

Now the care plan was expensive at 80 a quarter so this got cancelled when it ran out this year and guess what the bloody thing isn't working again so went for the BG policy £99 then monthly payments on Tuesday, they came Wednesday ordered part, fitted part today and it still doesn't work so they say that don't know how to fix it so have cancelled the policy and not charged us.

We are now 48 hours without heating/water (3 small kids such fun....) me taking another day off work tomorrow as now have to get Vailant to come out to fix it at a cost of £199.00 at least.

No other local plumber will touch because it's so complex.

Do you think we have a claim against Vailiant in that it's unfit for purpose and I guess as the boiler gets older we are going to get more and more problems.

What would you do/say/write - I want to make sure tlhat I can at least get the £199 back and for them to either replacethe boiler with something that actually works and is fit for purpose or will I be just wasting my time and energy.

Sorry for typos my fingers are sooooo cold...

shaun_from_Africa

Unless the boiler was purchased directly from Valiant by yourself then you have no legal redress against them.
It is the retailer that must ensure that goods sold are fit for their purpose and it is ususlly only the original buyer that has any form of contract with them.

As the boiler was fitted when you purchased a new property I would say that your best bet would be to contact the people that you purchased it from and explain the problems that you have been having and see how they respond.

thejoyces

Purchased direect from a small builder so would it be them I go back to?

mo786uk

Who bought and paid for the boiler? Was it installed by the buidlers when the house was built or when you moved in you bought it?

You could argue that it was not fit for purpose or of satisfactory quality and ask for some money back. if you can show that the unit has always been faulty then i would argue that they should repair it for free or for a reduce amoutn considering how many repairs it has been through.

IMO you shoudl have started complaining more after 2 years.

thejoyces

It was fitted in 2006 just before we moved in so the builder will have paid for it. I have complained ever time they have come out saying it's not fit for purpose and time and again they have said the problem is now solved and not more issues etc. I just want the fail/call/pay/ cycle to end i just feel that this many call outs is not a good product

mo786uk

As shaun says, technically your contract is with the original builder (who will no doubt tell you to get lost) but in my experience with boiler companies they will sometimes deal with the customer direct.

I thin kthe problem is that you have left it too long.

You could argue the item is not fit for purpose and they should repair for free but I think you might be onto a loser.

texranger

mo786uk wrote: »

As shaun says, technically your contract is with the original builder (who will no doubt tell you to get lost) but in my experience with boiler companies they will sometimes deal with the customer direct.

I thin kthe problem is that you have left it too long.

You could argue the item is not fit for purpose and they should repair for free but I think you might be onto a loser.

we had a boiler fitted last year and runs perfect but the label on the side and what the fitter states its far easier and better for the customer to contact the boiler company direct and boiler companies will deal direct with end users. i think is because they are a major gas appliance

arcon5

Was the BG policy a boilet insurance type product? If so, why have they cancelled it.. surely it's their job to indemnify you..

visidigi

not the first time I've heard of BG doing a runner when the problem is complex or expensive on the homecare policies - work colleague had the same thing when the BG engineer claimed the boiler he had was incorrectly fitted (all the BG guy had to do was realign a pipe and all was well, but he wasn't willing to).

Insurance policy cancelled and call out fee refunded though.

deanos

I don't think you would have any chance with the builder you should have contacted them when it first went faulty and given them chance to fix it, its now 5 years on and different people have fiddled with it, doubt you would have a claim with Valiant either due to the age of the boiler