Domestic Oil tank leaking - manufacturer attempting to avoid liability
Comments
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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.0
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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 £21 -
Thanks Matty, will report back in due course.0
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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.
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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.2 -
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.If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales1
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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.
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.0 -
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.0
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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?If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales1
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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.1
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