How much to sue for?

patrick73

Hello, hope you can advise me. I’m planning to submit a claim on MCOL to recover money from a company that supplied and fitted panel heaters in my flat. I’m not sure how much to make the claim for. Is it the amount it will cost to rectify the installation, or a full refund of what I paid them? (Plus additional expenses incurred?)

 Here’s more info

•  The company replaced 2 storage heaters with 2 infrared panel heaters, and 2 thermostats.
• The 720w panel heater fitted in lounge is damaged (the heater works but it is warped – can I claim the cost of a new one?)
• The thermostats fitted in lounge is defective
• The installation (including wiring) is of a very poor standard.
•  The panel heater fitted in lounge is not powerful enough to heat the room. During January to April I had to use a 2KW heater in addition to heat the lounge. (My lounge requires  830w to 1161w of heat)

 

Thank you

Patrick

 

pbartlett

In my view you have two options:

1. tell the company you are not satisfied and ask them to remove what they installed and refund you in full

2. get an independent company to come in, have a look, and quote you to put it right. This amount is what you claim

No idea if either would succeed.

When you say 'claim / sue' I assume you mean small claims court (or is it credit card or someone else). I think you will need an expert report in any case hence option 2.

user1977

patrick73 said:

•  The panel heater fitted in lounge is not powerful enough to heat the room.

Is that the supplier's fault? Is the heater not the specification ordered? Who decided what the power ought to be for the room?

patrick73

Thank you.

I've just been informed by citizens advice that I can claim a full refund and the  cost of putting it right. I'm going to double check that. 

Sue via 

Money Claim Online

patrick73

user1977 said:

patrick73 said:

•  The panel heater fitted in lounge is not powerful enough to heat the room.

Is that the supplier's fault? Is the heater not the specification ordered? Who decided what the power ought to be for the room?

using a infrared heater calculator

Sandtree

You are entitled to claim what your losses are, remembering you have at least some responsibility to mitigate your losses.

Generally you will be looking at the cost of rectification, subject to any limits of liability in the contract, but there can be times when its easier to rescind the contract and simply return everything for a full refund... obviously easier to do with a TV or car than something installed or a service.

The final point is going to depend on who specified the panel/its location and what information was provided to be able to specify it.

born_again

patrick73 said:

user1977 said:

patrick73 said:

•  The panel heater fitted in lounge is not powerful enough to heat the room.

Is that the supplier's fault? Is the heater not the specification ordered? Who decided what the power ought to be for the room?

using a infrared heater calculator

But who used the calculator?

You or the supplier?

patrick73

I have got legal advice. I can claim:

A full refund
plus the cost of rectifying the installation 
plus expenses incurred

pbartlett

go for it...!

McKneff

patrick73 said:

I have got legal advice. I can claim:

A full refund
plus the cost of rectifying the installation 
plus expenses incurred

Legal advice from who,
If its a lawyer I hope he gets his money back from law school 

daveyjp

Replacing storage heaters with panel heaters is rarely a wise move.

Please don't tell us they were hundreds of pounds each.