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Given that British Gas Homecare cannot honour their insurance, is that a breach of contract

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  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 26 April 2020 at 1:15PM
    Undervalued said:Why is a independent Gas Safe fitter (random!) any more likely to be infectious that a random British Gas one?
    No fitter is more or less likely, but British Gas are protecting their employees during the lockdown and I'd want to protect my home and family too 
    Read the thread a little more carefully, you've missed my point entirely..
  • Hasbeen
    Hasbeen Posts: 4,404 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 26 April 2020 at 1:25PM
    As an aside, I have to say I like the fact the OP has received replies from 12 different people but only 5 votes on the poll. I dislike questions with limited predefined answers because it never gives an accurate reflection of what people actually think, only what they would choose out of those options. 
    Perhaps if the OP had included the  question  "Or under present circumstances. Do I need to get a life?"

    There would be more answers? 
    The world is not ruined by the wickedness of the wicked, but by the weakness of the good. Napoleon
  • This is a kind of related  question.
    My estranged partner passed away a few months ago. We discovered that not only was he paying £57 something each month for Homecare but also that the boiler was over due for its annual service.
    The house is now vacant possession on the market and we have continued to pay the monthly premium but still been unable to secure a boiler service to provide to any prospective buyer. British Gas rescheduled 3 times
    We have now paid an independent gas Safe engineer to carry out this service, but have to continue paying this ridiculous amount every month to insure the building.
    Can we seek a refund from British Gas for the Independent service and also find out exactly what this £57 a month is supposed to cover




  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    bris said:
    Force Majeure. It's just one of those unfortunate situations. They have not breached the contract for obvious reasons but I would cancel the payments until the situation is rectified.
    You realise the purpose of a force majeure clause is to protect the party from breach of contract claims which were beyond their control? In other words, the clause doesn't kick in unless there has been a breach. 

    There is a set of questions to determine whether you are in breach and then an entirely different set of questions determines whether you are liable for losses caused by that breach. 
    No, not at all it does not end a contract. It has a very broad meaning and the wording of the contract is crucial in that meaning.

    There is no automatic right to end a contract due to Force Majeure. It can also suspend a contract until such times as the circumstances beyond their control are over. It's a complicated term ans has many different outcomes depending on how it's written into the contract.
  • born_again
    born_again Posts: 20,508 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    Perhaps this is the reason for all the delays...

    https://www.gmb.org.uk/news/twelve-new-days-strike-action-british-gas
    Life in the slow lane
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