legal position against cowboys?

alooof

hi guys
my folks had an alarm system fitted about 5 years back and it was working OK
they also pay an annual fee for service/maintenance

a few months back they some decorating done and the builder accidently did something - we think he cut through a wire - which means that the alarm system wont go on

ever since then, we've been trying to get the guys to come out and fix it. absolutely no luck - they just say they'll call us back and never do or they book appointments and never turn up. technically, because of the nature of the damage (done by a builder not associated with them), they're not (or so they say they're not) obligated to fix it for free. but we believe that because we pay the annual maintenance, we are entitled to get it looked at and fixed (even it we were charged for it)

my folks are off on holiday at the end of the month and with the alarm not working the house is not secure. despite anxious phonecalls, we've not had much progress. now they have finally agreed to come out on the day they fly out (absolutely the first possible time they can manage) - which means i'll have to take the day of work and sit around waiting for them to come. i have zero hope of them actually turning up, but i'm gonna wait around anyway

if the worst happens, and the house is broken into, how liable (from a legal POV) is the alarm contractors?

there is no service contract or contract at time of installation. just an agreement that they will service for an annual fee. we've had a few different alarm guys come and try but they cant do anything with this system (i think its bespoke, or imported)

the alarm company have known for a long time that the house is unsecure, and are aware of their holiday.
is their duty to service the alarm even if we have to pay for it? what is covered in a standard service contract? they could turn around and say it was their choice to refuse to do the work just as they may refuse a potential customer when they're too busy. is this a valid argument?

three months of faffing about on their part is clearly negligence.
if it had to be argued in court - where would we stand?
thanks

alanobrien

What i find odd is that if they cut through an alarm wire the alarm should have gone off as the tamper circuit would have been activated. If they did cut it or more to the point you can prove they did, or someone they employed did (i.e. a subcontractor) then they would be liable to make good the damage to the system.
From what you are saying the alarm contractor appears to be paid for an annual service contract which may or may not include accidental cover for damage caused by trades people. You need to loook closely at the agreement to find out. As regards liability after a break in, no alarm company can be held accountable for that, if they were no one would supply alarms due to fear of litigation.

I suspect your only hope is in the small print of the service agreement, that and if necessary get legal with those who did the damage providing you can proove it of course, if not then the most likely recourse is to pay to get it fixed yourself.

One other thought it may be worth checking the building insurance cover to see if that may cover it, its a long shot but worth a look.

alooof

the damage was done by our trusted builder - legal action against him is out of the question

if anything, we want some ammunition to force them into action
i understand reluctance to put liablity on security companies, but if the system is not fixed due to their incompetencies/laziness is this not an arguable point?
if the system broke and we were robbed that very day theres obviously nothing they can do about it, but my folks have been living in an unsecured house for 3 months, which is completely unacceptable

will have a search for a contract but my dad doesnt remember any paperwork or T&Cs

real1314

Erm, so your builder broke the alarm system, you aren't prepared to ask him to sort it out, but you expect the monitoring company to fix it? Sorry if this seems harsh, but you should be asking the person who caused the problem to put it right, that's what I'm sure the alarm co will have said to you.
I'd guess that the alarm company is paid to monitor the alarm, nothing more, nothing less.
Given that you've said you're prepared to pay to get it fixed, why not get a local alarm fitting company to quote for a repair?

alooof

we've tried local companies, they've never used this system before and cant work out how to fix it

our builder has been with us for over 20 years, he's very humble, hard-working etc and it was a genuine mistake. he's like one of the family now and we'd never take action against him

we just get the feeling that the alarm company are shirking their responsibility - it's very frustrating have to call on a regular basis and wait around for them, all the time being unprotected. surely there must be some legal protection for the consumer, or the whole industry would be a joke. in fact, i would have thought the security industry is well regulated (especially as its easy for anyone who works in alarms to rob houses)

real1314

When was the last service/maintenance fee paid? have you told them you're going to stop paying as they are not doing what you want?

how much was the system? what annual fee are you paying? is it a big/well known company?

alooof

it's a small company that shares its name with a large established company! the system was quite expenise cos we had new sensors installed too. annual fee is about 100, which we're going to claim back. whether we get it is a different question!

we've written loads of letters outlining our situation, but never get a response.
i think we're decided now to install a new system, and from my (very basic) knowledge of contract law we should be able to sue them for this amount
BUT we'd rather they came round and fixed the thing! we dont reckon its a major job - and it would save us hassle in the small courts