Suing British Gas - Advice needed

ianto11

nigelbb wrote: »

Why not? A powerflush requires every radiator to be removed & cleaned with chemicals under pressure. The OP is adamant that this never happened. It's pretty obvious whether the fitter did this or not it's hardly like just some fiddling with the boiler that the OP didn't see. If the OP is credible then on the balance of probabilities they court will find in their favour. The OP will require the fitter who BG claim did the powerflush to appear in court to back up a witness statement that they did in fact do the powerflush. I doubt the fitter would be prepared to commit perjury especially as it appears that they no longer work for BG as if they did then BG would just ask them & wouldn't need to do an inspection.

Power flushes are carried out with the all rads in place

https://www.sentinelprotects.com/uk/support/guides/how-to-powerflush-central-heating-system

poly192

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Quentin

nickopicko wrote: »

I think my argument would be; why did british gas charge me £837 if they cant confirm they carried it out? And they're own engineer can't confirm it? They are not arguing that they did the powerflush.

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You have prevented them carrying out a check haven't you?


(Now you have exhausted the complaint/ombudsman procedure then legal action is your only realistic option - bear in mind that you have to pay upfront all court fees (at least £140 for a hearing when issuing a claim, and only get that back off the defendant if you win in court or they capitulate and pay up on receipt of the claim without contesting it in court - if you lose in court you also pay the defendants allowable expenses)

wavelets

nickopicko wrote: »

I think my argument would be; why did british gas charge me £837 if they cant confirm they carried it out? And they're own engineer can't confirm it? They are not arguing that they did the powerflush.

I should of done a chargeback with my bank, then what would they sue me for? Not allowing them to check my boiler? If the tables were turned and they had to sue me for £837 they would lose the case.

Its not for a defendant to prove their innocence, but for the complainant to prove their case brought.

Can you prove the powerflush was not carried out?

poly192

. ive paid the court fee already

Quentin

nickopicko wrote: »

. ive paid the court fee already

Assuming you just paid the issue fee, wait and see if they defend it (they have 14 days from the date of service of the claim to acknowledge the claim)


If they do nothing in 14 days you can get a default CCJ against them without a court hearing


If they acknowledge the claim/issue a defence then you can decide whether to pay up for a hearing or give up

selfhelp

How did this pan out? Appreciate I'm a bit behind the curve here. I borrowed a power flush unit and it's a serious bit of heavy duty kit, I had to leave it running for 3>4 days and this was only a 2 bed cottage with 8 rads, did a great job though. All radiators stay in place and you'd certainly know if someone wandered in to your property with a power flush kit.

I've had ongoing now with British Gas for over 2 years and they have left my credit file/score in shreds with around 3 or 4 defaults at a property I didn't even live at. I don't think I'm on my own here though reading through the posts. How are British Gas allowed to report to CRA's? Do you have an address for any lawyers representing them in order I can issue proceedings, all I can find is Messrs Davis & Co from an old case in 2009 but a bit vague and doubt if they represent them now (a case they lost btw). Who did you address your claim to.
Many thanks
Regards

poly192

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tobyjake

The first time was way back in 2002, when they caused a flood in my house and they denied negligence. Off to the Small Claims Court and I won.
The second time was about a year ago when I was having problems with my central heating and called in British Gas (I have their Homecare Insurance). I was advised that a Powerflush of the system would probably sort the problem out. I paid £837 and they performed a Powerflush. This did not sort out the central heating problem. Not only that, but they left a radiator valve open on the top floor and caused a flood. Of course I made a claim with them for the damaged carpet etc. They offered a mandate for £950, which I refused, and asked for a cash settlement. They offered £700. This I also refused, on the basis that it is £250 less than the sum originally offered. These sums were offered to me without any referral to me as to whether they were acceptable or not. These sums were offered on a take it or leave it basis, with no discussion with me whatsoever. I have a Small Claims Court date booked for mid December. As this case is based purely on the negligence of British Gas I would have thought that they would have settled the case quickly and to my satisfaction - after all it was not their carpet and ceiling which was left sodden. A month or so after filing the Small Claims case, I thought back about the recommendation of a Powerflush and decided that it was a case of mis-selling. I put this to British Gas - and within a week they agreed to pay back the £837 which I duly received. Now, I look forward to the December Court date. Once thought of as leaders of the UK gas supply/plumbing field they are now relegated (in my view) to cowboy plumbers. Avoid them at all cost.

RelievedSheff

I don't know why people keep insisting on using BG for work to their hot water and heating systems.

Local companies are always more competitively priced and usually offer far better standards of work and customer service.

£837 for a power flush is just ludicrous.