Bathroom installation - negligence - consumer rights act

orionmoo

Hi,

I am posting on behalf of a family member who recently had a new bathroom installed.

Following the installation, they were getting varying hot and cold water from the shower. After contacting the bathroom installation company they said it is likely caused by a thermistor which coincidently may have broken and suggested having an engineer look at it.

The engineer who installed my family members boiler only 4 years ago came out to replace the thermistor but this did not solve the problem. Upon further investigation by this engineer, he concluded the problem had been caused by the installation of a heated towel rail and the draining of inhibitor from the system. This was done by the bathroom installation company despite notice on the boiler stating 'inhibitor - do not drain' and fresh inhibitor was not added.

The cost the rectify the problem, with 2 call outs from an engineer with parts and labour, has been approx £350.

The bathroom company states on their website they have a '2 year no quibble guarantee'. A letter was written and emailed 14 days ago to this company to request reimbursement, however no response has been received. My family member would like to now pursue a claim under the consumer rights act through the small claims court.

What are the next steps, I have suggested writing a letter again, this time posting it with proof of postage and entitling it 'letter before action', requesting reimbursement within another 14 day period, following which court action will be pursued. What should go in this letter, should it be kept short or should the facts be restated or the original letter from 14 days ago include in its contents?

Does anyone have experience with claiming for negligence / without due care and attention against services provided and can provide any tips with what to expect using th courts? I take it only costs can be claimed through the courts, not compensation for the inconvenience of being unable to use the new bathrooms shower for a week or so due to their lack of care and attention?

Thanks.

societys_child

I can't work out how lack of inhibitor in the CH system could effect the shower temperature. How do you know inhibitor was not added?

andyhop

Did you not allow the fitting company to repair or replace the shower cartridge that they deemed faulty??

How would one expect to refit a bathroom, inc the obvious radiator/towel radiator and not drain the system???

How do you know they didn't top up with inhibitor ? I know I automatically just do it before we refill. Has a test been carried out on a sample off water by a reputable source and not by a engineer that claims a lack of inhibitor leads to poor DHW performance and a increased work load for him

Sounds like you've been taken of a ride by the 2nd engineer

cajef

orionmoo wrote: »

My family member would like to now pursue a claim under the consumer rights act through the small claims court.

Does anyone have experience with claiming for negligence / without due care and attention against services provided and can provide any tips with what to expect using th courts?

Hope you have some actual positive proof rather than just this engineers verbal claim that no inhibitor was put into the system and also how it would cause the shower symptoms described.

shaun_from_Africa

orionmoo wrote: »

Upon further investigation by this engineer, he concluded the problem had been caused by the installation of a heated towel rail and the draining of inhibitor from the system. This was done by the bathroom installation company despite notice on the boiler stating 'inhibitor - do not drain' and fresh inhibitor was not added.

Lack of inhibitor in the heating system couldn't have any effect on the temperature of the water in the shower system.
The water in each system is isolated from the water in the other one and the reason for the inhibitor in the heating system is solely to help prevent corrosion and it has little or no effect on the temperature of the water.

booty40uk

Not having inhibitor in the central heating system would have no effect on hot water performance. The engineer is talking rubbish. And by charging £350 to change a thermistor and put some inhibitor in the system is where the real rip off is.

littlerock

So the call to check the thermistor (not faulty) and a return call to add inhibitor fixed the problem? And cost £350? What does the heated towel rail have to do with it, as Shaun from Africa said the hot and cold water circuits are separate.

southcoastrgi

So what did he actually do that solved the problem & cost £350 ?

Risteard

Anyhow, without allowing the installing company to come and try to sort the defects you have voided any guarantee. You can't just get someone else in and charge it back to them - you must give them the chance to rectify the problem.

So in my opinion you are entitled to absolutely nothing from the original installer now.