Worcester/Domestic & General

Little_Joe

I took out a Boiler cover plan with the Worcester Bosch/ Domestic & General group back in September. As I didn't know how old the boiler was they asked for the serial number before they could decide on providing 'Cover'. Once I gave them the number they accepted me and drew money out via Direct Debit Scheme. On 26th November my boiler broke down and I called the Company. An engineer turned up and decided ( after reading a number on the boiler) that the boiler was more than 10 years old and refused to repair. I contacted 'Dom. & General' and they passed it on to Worcester Bosch who told me no way they were going to repair and cancelled my 'Contract' and decided to refund my money. Under the Terms and Conditions of the Contract there is no mention of 10 year age of the boiler, nor is there any mention of their right to refuse the repair on this basis. Am I correct in thinking that if they made a 'Contract' then it is legally binding and they have to honour this and go ahead with repair? Also can they just cancel the 'Contract' on this basis - I don't see any reference to this in the 'Contract'? I feel victimised!! Any suggestions on how I can take this further or am I wrong in pursuing this matter?

dogshome

An interesting one
IF THEY RE-PAID YOU BY CHEQUE, DON'T BANK IT

You gave D&G the Serial No.of the boiler as you did not know it's age, DG accepted you as customer in full knowledge of that information, yet now with a problem, are refusing to fulfill the contract as they say the serial No. shows that the boiler is older than their contract acceptance criteria.

DG can't simply change their mind on this and hand you back the premiums paid - They made a Contract on the information provided
You are now in the position where you can get the boiler fixed by some one else, and even if the cost is higher than DG's, they are liable to recompense you for it.

This all seems great, but your cost recovery road is the Small Claims Court
but
You are going to have to pay to get someone else to fix it anyway - The SCCourt forms are free on the internet and the fee, (£80 last time I loooked).

However a cheque costs nothing till someone cashes it, so my advice would be to send DC a letter claiming the cost of the repair by someone else, plus the court fee, a days loss of pay for you attending Court and the travel expenses, all of which is accompanied by copies of the Court papers and a copy of the cheque

Little_Joe

Little_Joe wrote: »

I took out a Boiler cover plan with the Worcester Bosch/ Domestic & General group back in September. As I didn't know how old the boiler was they asked for the serial number before they could decide on providing 'Cover'. Once I gave them the number they accepted me and drew money out via Direct Debit Scheme. On 26th November my boiler broke down and I called the Company. An engineer turned up and decided ( after reading a number on the boiler) that the boiler was more than 10 years old and refused to repair. I contacted 'Dom. & General' and they passed it on to Worcester Bosch who told me no way they were going to repair and cancelled my 'Contract' and decided to refund my money. Under the Terms and Conditions of the Contract there is no mention of 10 year age of the boiler, nor is there any mention of their right to refuse the repair on this basis. Am I correct in thinking that if they made a 'Contract' then it is legally binding and they have to honour this and go ahead with repair? Also can they just cancel the 'Contract' on this basis - I don't see any reference to this in the 'Contract'? I feel victimised!! Any suggestions on how I can take this further or am I wrong in pursuing this matter?

Thanks mate. I have also written to Citizens Advice B. and awaiting their advice too. Dom. & Gen. Told me they understood my position but Worcester said that their Engineer read a different number on the boiler which showed the 'Boiler' was more than 10 years old! I told them why was I accepted for the plan if the number I read,had not revealed the age; after all that was one important condition of 'Acceptance'!!! No Thanks to 'D & G' and 'Worcester/Bosch' for leaving us with no heating during this cold days..

ihateyes

Little_Joe wrote: »

I took out a Boiler cover plan with the Worcester Bosch/ Domestic & General group back in September. As I didn't know how old the boiler was they asked for the serial number before they could decide on providing 'Cover'. Once I gave them the number they accepted me and drew money out via Direct Debit Scheme. On 26th November my boiler broke down and I called the Company. An engineer turned up and decided ( after reading a number on the boiler) that the boiler was more than 10 years old and refused to repair. I contacted 'Dom. & General' and they passed it on to Worcester Bosch who told me no way they were going to repair and cancelled my 'Contract' and decided to refund my money. Under the Terms and Conditions of the Contract there is no mention of 10 year age of the boiler, nor is there any mention of their right to refuse the repair on this basis. Am I correct in thinking that if they made a 'Contract' then it is legally binding and they have to honour this and go ahead with repair? Also can they just cancel the 'Contract' on this basis - I don't see any reference to this in the 'Contract'? I feel victimised!! Any suggestions on how I can take this further or am I wrong in pursuing this matter?

im sure i seen in their t&c's i had that there was an age limit when taking the contract on......

here:

http://www.domgen.com/products/heatguard/faqs.html#4

Is my boiler too old to be protected? (Back to top)
The age limit for a boiler protection plan depends on the type of boiler. You can take out a plan for a combination or condensing boiler if it's under 8 years old, while you can protect a conventional boiler if it's under 15 years old. Once you have taken out a plan on your boiler, there is no age limit on renewals.


so they are right to cancel and refund in full unless its a conventional boiler.

Little_Joe

Thanks Keyboard Worrior! Have you actually understood my issue which is about the 'Contract' and what is said in the Ts & Cs? There is nothing about the age of the boiler in the Contract and even if there was, I had told them I didn't know the age of the boiler. Once I gave them a number, taken from the boiler, they accepted to provide me with a cover. You are referring to their website! There is nowhere, in my paper Contract, which says the faq section is part of the 'Contract'. If I hadn't called them to repair my boiler, they were happy to take my money for the whole year!!!!
I have emailed the D & G/Worcester Bosch to defend themselves, if they wish, on this forum.

ihateyes

Little_Joe wrote: »

Thanks Keyboard Worrior! Have you actually understood my issue which is about the 'Contract' and what is said in the Ts & Cs? There is nothing about the age of the boiler in the Contract and even if there was, I had told them I didn't know the age of the boiler. Once I gave them a number, taken from the boiler, they accepted to provide me with a cover. You are referring to their website! There is nowhere, in my paper Contract, which says the faq section is part of the 'Contract'. If I hadn't called them to repair my boiler, they were happy to take my money for the whole year!!!!
I have emailed the D & G/Worcester Bosch to defend themselves, if they wish, on this forum.

i fully understood.
My first thought was you didnt give them the correct number. I assume the number they required was the Gas Council number.

Of course you are very right..... having the boiler age in a FAQ section rather then t&c's gives you recourse.

Most maintainence firms inspect the boiler and decide before breakdowns.... then again, money talks... pay buttons get buttons.

southcoastrgi

the GC no doesn't tell you the age of the boiler just the model, it's the serial no that will tell WB when it was made.

SycoBBMonkey

May I just say that firstly, it's not a contract but an agreement between you (the customer) and the warranty provider (Worcester Bosch & Domestic & General). When this is set up, you agree that the boiler is within the age limits; 8 years for combination & condensing boilers, and 15 years for conventional boilers. If later on the warranty company discovers that the boiler in fact doesn't meet the eligibility requirements previously set, they do have the right to cancel the agreement and refund you your payments.

I suggest you stop kicking up a fuss, put the refunded payments towards the repair, and move on.

I understand it has been inconvenient for you as a customer, but the eligibility requirements are there for a reason, and if they were wavered for you, that wouldn't be fair on other customers.

dogshome

DO NOT AGREE
DG did not inspect the boiler and relied totally on the Serial No. given to them by Little Joe as to the boilers suitability for a WB/DB maintenance Contract/Agreement
I say contract because money changed hands

The only defence WB/DB have would be if Little Joe gave them the wrong number, but they have not said this. They are simply saying the boiler is too old
It appears that DG's Sales Office either failed to check the number, or mis-quoted it when checking with WB.

WB/DG are the professionals offering Little Joe a Contract/Agreement, and Little Joe is entirely reliant on them for decisions on the suitability, or not, of his boiler - Having been given the required information thay asked for and taken money for future services, they cannot then say the "The Boiler is too old" and tear up the Contract/Agreement