Homeserve. Poor practice.

billybonds4

My aunt is 93 yo widow, currently in hospital. She pays horrific sum of £900 pa for the full home protect package. 
I visited her home to prepare for her return. Obviously incredibly worrying in the c19 times. I discovered her boiler has packed up. Lucky, so I thought, that I found her homeserve cover. An engineer came yesterday and said boiler was BER. I know a little bit about servicing and we both agreed her boiler had not been serviced for a couple of years, it was so bad inside unit. As the unit is over 7 years, they will supply boiler but she would have to pay install fee. I was told she has to use a homeserve installer or she can't have the boiler. So when I was quoted over £1600 today for install I was naturally not happy. That's almost 3 times the install cost of an independent engineer. In fact her boiler is so basic, you could buy a boiler and get it installed for that.
It dawned on me that her plan covers servicing, I contacted homeserve and she had service last march. There is no way the boiler would not have showed extreme signs of failure, due to the excessive rust and corrosion now visible. I've asked for a copy of the service report and respective test data. They agreed to email it over early today, I have not yet received this.  
I believe that my aunt was put at risk and due to shoddy practice her boiler failed beyond repair.
So obviously I will press them for said data and info.
My main questions here are.
A. Can they really force her to accept extortionate install prices and stop her using an independent installer?
B. I believe their poor servicing, and the state of the boiler is undeniably neglected in servicing by homeserve. They must accept liability for the failure of the unit BER. If the issue was addressed last year, even the year before. The unit could of been fixed with no charge under the policy. Can they be made accountable?

This situation has hindered her returning home. Obviously we are reluctant to be robbed by homeserve. But obviously we want to make her home safe and habitable.

jonesMUFCforever

Why are they dealing with you - do you have Power of Attorney?
They have breached data protection rules by dealing with you IMO.
No she does not need to accept their quote - she can get whoever she wants to install a new boiler - but if you want Homeserve to do it under the policy - well you know the price.

billybonds4

As I said my aunt's 93 and in hospital, no visitors allowed. There's a big situation incase you wasn't aware. So the NHS want to get her home safe. Dealing with me in the circumstance, was one of the things homeserve did right. 
Anyway, thanks Man U fan for your troll like help.🌞 

jonesMUFCforever said:

Why are they dealing with you - do you have Power of Attorney?
They have breached data protection rules by dealing with you IMO.
No she does not need to accept their quote - she can get whoever she wants to install a new boiler - but if you want Homeserve to do it under the policy - well you know the price.

eddddy

billybonds4 said:

My main questions here are.
A. Can they really force her to accept extortionate install prices and stop her using an independent installer?
B. I believe their poor servicing, and the state of the boiler is undeniably neglected in servicing by homeserve. They must accept liability for the failure of the unit BER. If the issue was addressed last year, even the year before. The unit could of been fixed with no charge under the policy. Can they be made accountable?

Regarding question A,

• your Aunt is bound by the terms and conditions she agreed to. If the T&Cs say the installation has to be done by a Homeserve installer, that's what your Aunt agreed to.

• (As I'm sure you're aware, when companies say something is 'free', it's often because they're charging more for something else to cover the cost.)

Regarding question B,

• the Consumer Rights Act adds an implied term to every consumer service contract - the service must be carried out with reasonable care and skill.

• So if Homeserve didn't do that, it would be breach of contract, and your Aunt can claim her consequential losses as a result of Homeserve's breach of contract.

• But unless Homeserve back down, you might have to get expert reports saying that the service wasn't carried out with reasonable care and skill, and prepare for a court case.

 

csgohan4

Homeserve are a rip off as usual, for future readers, best to self fund and put away those premiums you would have paid into a repair fund. 

jonesMUFCforever does have a point and most firms will likely ask if you have no POA, what ever circumstances you put to them, they may not accept. 

Just because you don't like what you hear does not mean it isn't correct. This horrific sum your aunt paid for, was this not arranged by your aunt who is an adult and presumably had capacity at the time of inception of the policy  ? years ago

You are not obliged to use homeserve, infact a lot of boiler insurance cover comes with caveats and the usual if 7 years old they wont replace or they will do so at an extortionate price. 

As Above, you can try and make a complaint, but it would be up to you to prove they didn;'t do a good job, so a boiler report independently sourced. SO how much are you going to fight this when you have more pressing things to do?

Bare in mind under normal times getting a new boiler installed can take anything up to 1-2 months, so may take longer as places you would buy a boiler from, plumber merchants, are closed at present. 

jonesMUFCforever

BillyBonds - you didn't like my reply - no problem your right.
I would like you to tell me though what you thought was factually incorrect?
You are left with 2 choices - use Homeserve and pay the price or pay for the boiler yourself and re claim the cost from your aunt.
Good luck with whatever you choose.

billybonds4

The fact it isn't in the small print at all, stating the policy holder must use solely homeserve installers. Raises a huge point of them verbally stating this as misleading. And so my aunt would be in no breach of contract.
As for the figure they presented to install the boiler, it's between 2/3 times the regular price. 
I have since gained a copy of last service sheet and let's say, the tests and figures don't add up. Plus crucial tests for that specific boiler had not been carried out. I have asked for last 3 years reports. I would like to think homeserve would not fudge them. But I'm not convinced. 
As for POA. Just thought the point made was irrelevant. As homeserve have clearly been decent enough to see sense in talking to me in an emergency. So what they should or should do there is not really helpful to my aunt.
It's not a case of what we want to hear when we invite posters to give advice.  It's just sometimes people can come across a bit smart Alec 😊
I will keep the board updated.

eddddy

billybonds4 said:

The fact it isn't in the small print at all, stating the policy holder must use solely homeserve installers. Raises a huge point of them verbally stating this as misleading. 

OK - if you're sure. Their current Gas Boiler Breakdown Cover Terms and Conditions make it fairly clear that they will do the installation:

 If the boiler is deemed beyond economical repair and is 7 years or older, we will source, replace and install a new boiler but you will be required to pay the installation costs. We will provide for you, a quote for this work. 
Link: https://www.homeserve.com/~/media/uk/documents/termsandconditions/eon/k2u_20171004_tac_v5.pdf

But maybe your Aunt has an older/different policy, with different wording.

fred246

Just asked for quote for new boiler on Homeserve website. £4300 to fit a £1500 boiler. £2800 fitting charge. The best thing to do is to ask then for a breakdown of labour charges. They can't exaggerate the time too much so it would mean an outrageous hourly charge. Won't take more than a day so 8 hours at £350 per hour.

jefaz07

billybonds4 said:

The fact it isn't in the small print at all, stating the policy holder must use solely homeserve installers. Raises a huge point of them verbally stating this as misleading. And so my aunt would be in no breach of contract.
As for the figure they presented to install the boiler, it's between 2/3 times the regular price. 
I have since gained a copy of last service sheet and let's say, the tests and figures don't add up. Plus crucial tests for that specific boiler had not been carried out. I have asked for last 3 years reports. I would like to think homeserve would not fudge them. But I'm not convinced. 
As for POA. Just thought the point made was irrelevant. As homeserve have clearly been decent enough to see sense in talking to me in an emergency. So what they should or should do there is not really helpful to my aunt.
It's not a case of what we want to hear when we invite posters to give advice.  It's just sometimes people can come across a bit smart Alec 😊
I will keep the board updated.

You say you know a not about servicing...in what way? 

And can you elaborate on what crucial tests for that boiler weren’t carried out? And how you know this?
I also don’t agree £1600 is 3 times the cost of a regular installer. 

fred246

British Gas used to call them 'safety checks' instead of 'services' because people were complaining that they were missing tasks that were supposed to be in a service. With safety check they could set their own agenda.