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Do I have any rights

Last year in July we got a company to come out and service our solar boiler. They came ans then said that the pump was broke ans we needed a new one and they said they would price it ans arrange for it ans in the meantime switches the solar system off. They charged us £100 and we paid this for what they said was a service which was to include 85.00 ex VAT for an annual service, this includes topping upto 2 litres offluid and service, with service report.  As mentioned when they came they didn’t tip up couldn’t service and turned off and we have tried to email them several times about this we were told it was a unique part then they were trying to find it and then they gave a price and we asked to go ahead and will nothing by end of August
donwe have any rights about what we have paid and received and the fact we can’t get them to come out and fox the part we need 

Comments

  • tacpot12
    tacpot12 Posts: 9,501 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    edited 30 January 2021 at 7:31AM
    This turns on what the £100 was for. Did you get a receipt/invoice for the payment and what did it say? 
    If it said "Call out fee", then you have an problem because you thought you were paying for a service, and they thought you were calling them out to look at the problem with the boiler. Can you prove that the contract with them was to perform a service? 

    If it was, they haven't performed the service they were contracted to do - it's unclear if you agreed to this or not. They could have done the service including writing a report that said the pump had failed and topped up the system but told you that it will need to re-topped up when the pump was changed, but they didn't do the service. Why not? Just because the pump has failed seems odd, except that I think they were assuming that they could find a replacement pump easily, charge you to replace the pump and complete the service when the system could be tested and left in a know working state. This last case makes sense, and from their perspective, I think they still intend to carry out the service you have paid for. Have they said otherwise?  

    I would recommend you call them up and try to understand if they are ever going to be able to find a pump (given that they are not under contract to provide replacements for failed parts of your system). If they don't think a pump can be found, you need to discuss whether they can rework the system to use a different model of pump. You'll need to pay them for this, but then the boiler can serviced (for free as you have already paid). If they think a pump can be found, then try to agree a deadline to return with the pump. If they don't adhere to this deadline, call them and ask them to return 50% of the money back. I think you need to pay them something for coming out only to find the pump had failed and for trying to source a replacement. if they don't repay within two weeks. Write a letter before action giving them a further two weeks to refund you 50% or say you will take court action. You will need to decide whether taking court action is worthwhile as there are costs that you may not get back from the firm.  
    The comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always try to check official information sources before relying on my posts.
  • knightstyle
    knightstyle Posts: 7,355 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Is the company on the manufacturers list of approved contractors?  If yes then contact manufacturers and see if they can get the part, if not then get someone who is approved to come and look.
  • Thanks 
    I have a receipt that says annual service 
    I will give them and ring ans see what happens 
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