Domestic Oil tank leaking - manufacturer attempting to avoid liability

MikeFloutier

My feeling is that it will be covered. Consider any new-build property, fully furnished with all household appliances; fridge freezer, washing machine, tumble drier, power showers, cooker hob, oven, wood burning stove, microwave, extractor fans, central heating system with boiler, etc, etc, and oh oil tank.

As I said my feeling is that it’s unreasonable to think that none of these items would be covered by their warranties.

mattyprice4004

MikeFloutier said:

Thanks Matty, I am not planning to use a solicitor, just a solicitors letter, I will use the Irish Small Claims Court, for €25 I can get judgement against them which they will have to pay, in the absence of a valid defence, which they don’t have.

I have obtained the latest company accounts for the tank manufacturer which I will be perusing shortly, they cost about £2

That's not so bad really - best of luck   

MikeFloutier

Thanks Matty, will report back in due course.

stragglebod

MikeFloutier said:

My feeling is that it will be covered. Consider any new-build property, fully furnished with all household appliances; fridge freezer, washing machine, tumble drier, power showers, cooker hob, oven, wood burning stove, microwave, extractor fans, central heating system with boiler, etc, etc, and oh oil tank.

As I said my feeling is that it’s unreasonable to think that none of these items would be covered by their warranties.

Your feelings don't form the T&Cs of the warranty.

[Deleted User]

Check out what an Irish  court does and what the process is if the judgement is not paid.  If they use Bailiffs and Sheriffs (or something else) check what they can and can't do to get an outstanding award paid.  Then look at whether in reality you will be able to get your claim paid.  There are companies in England who jump rings around Bailiffs so High Court Sheriffs who have more powers are a better option, but its more money that you won't get back if the other party doesn't pay.  Even they aren't 100% effective. Particularly with a company who gets a lot of judgements and knows how to play the game.

Its a mistake to think a judgment 'has' to be paid.

lincroft1710

MikeFloutier said:

My feeling is that it will be covered. Consider any new-build property, fully furnished with all household appliances; fridge freezer, washing machine, tumble drier, power showers, cooker hob, oven, wood burning stove, microwave, extractor fans, central heating system with boiler, etc, etc, and oh oil tank.

As I said my feeling is that it’s unreasonable to think that none of these items would be covered by their warranties.

Yes, most will be covered by a warranty, but that doesn't mean the ultimate user of the item would benefit from its warranty. 

MikeFloutier

deannatrois said:

Check out what an Irish  court does and what the process is if the judgement is not paid.  If they use Bailiffs and Sheriffs (or something else) check what they can and can't do to get an outstanding award paid.  Then look at whether in reality you will be able to get your claim paid.  There are companies in England who jump rings around Bailiffs so High Court Sheriffs who have more powers are a better option, but its more money that you won't get back if the other party doesn't pay.  Even they aren't 100% effective. Particularly with a company who gets a lot of judgements and knows how to play the game.

Its a mistake to think a judgment 'has' to be paid.

In this case I'm not sure it is a mistake Deannatrois, I've read through all the small print on the Irish Small Claims Court (Procedure) site - http://www.courts.ie/Courts.ie/Library3.nsf/pagecurrent/A9C6E93D70127EF38025810D0034EAD6?opendocument - and once judgement is obtained, if not satisfied..."If the respondent does not pay, you can apply to the Small Claims Registrar to have the order of the court sent to you for execution by the sheriff."

There will be a fee payable to the sheriff, which will be refunded to you if the Sheriff succeeds in executing the court order (decree)."

In this case I have checked with cro.ie, the Irish "Companies House", and for £2.20 obtained the company's latest financial report which shows that they are highly solvent, low geared and cash rich. The Sheriff will be able to take sufficient cash to cover my judgement and his costs.

They also have over 500,000 euros worth of company cars (owned by the company) etc.

MikeFloutier

lincroft1710 said:

MikeFloutier said:

My feeling is that it will be covered. Consider any new-build property, fully furnished with all household appliances; fridge freezer, washing machine, tumble drier, power showers, cooker hob, oven, wood burning stove, microwave, extractor fans, central heating system with boiler, etc, etc, and oh oil tank.

As I said my feeling is that it’s unreasonable to think that none of these items would be covered by their warranties.

Yes, most will be covered by a warranty, but that doesn't mean the ultimate user of the item would benefit from its warranty. 

Maybe not, but I am the first and only user and have registered that fact with the manufacturer using their own form. I find it hard to imagine that the court would find for the respondent.

lincroft1710

Having re-read the thread, and I don't think I've missed it, but I'm old so may have done - have you actually contacted the manufacturer?

theonlywayisup

MikeFloutier said:

lincroft1710 said:

MikeFloutier said:

My feeling is that it will be covered. Consider any new-build property, fully furnished with all household appliances; fridge freezer, washing machine, tumble drier, power showers, cooker hob, oven, wood burning stove, microwave, extractor fans, central heating system with boiler, etc, etc, and oh oil tank.

As I said my feeling is that it’s unreasonable to think that none of these items would be covered by their warranties.

Yes, most will be covered by a warranty, but that doesn't mean the ultimate user of the item would benefit from its warranty. 

Maybe not, but I am the first and only user and have registered that fact with the manufacturer using their own form. I find it hard to imagine that the court would find for the respondent.

Warranties usually refer to the purchaser and most are non transferrable, but has been outlined a warranty is specifically what is written in the contract.  If it says purchaser, you may want to think before embarking on legal action.