How much to sue for?

GrumpyDil

And you won't get a refund plus the cost of putting it right as that woud result in you getting the devices for nothing which is not how courts work. 

patrick73

GrumpyDil said:

And you won't get a refund plus the cost of putting it right as that woud result in you getting the devices for nothing which is not how courts work. 

That's not the legal advice I have

powerful_Rogue

patrick73 said:

GrumpyDil said:

And you won't get a refund plus the cost of putting it right as that woud result in you getting the devices for nothing which is not how courts work. 

That's not the legal advice I have

Then that is very very very wrong legal advice.

You will get 1+3, or 2+3, but not 1+2+3.

GrumpyDil

patrick73 said:

GrumpyDil said:

And you won't get a refund plus the cost of putting it right as that woud result in you getting the devices for nothing which is not how courts work. 

That's not the legal advice I have

In which case take them to court and post the outcome as you're clearly onto a winner. 

Manxman_in_exile

I think it may depend what the OP and his lawyer mean by: "plus the cost of rectifying the installation"?

As others have said, if he's getting a full refund he cannot also get the installation rectified in the sense of getting the installation re-done to the standard it should have been.  I suspect he may just mean making good any damage or removing any fittings etc to reinstate the room to what it was prior to the botched installation.

Well, that's my guess anyway - or maybe I'm just in a good mood because the gymnastics and swimming are coming to an end the athletics started today.

Fosterdog

I find it amazing how easy it is to get legal advice these days, to post here at 3:15pm with no mention of outside help, to speaking to CAB by 4pm, and then getting legal advice by 6:15pm and on a Friday. It really is phenomenal. All that on top of being given advice you want that goes against what the law says you're entitled to.

boobyd

Fosterdog said:

I find it amazing how easy it is to get legal advice these days, to post here at 3:15pm with no mention of outside help, to speaking to CAB by 4pm, and then getting legal advice by 6:15pm and on a Friday. It really is phenomenal. All that on top of being given advice you want that goes against what the law says you're entitled to.

Oh you cynic,you must work for the installation company😁

sheramber

But was it legal advice or was it from a CAB adviser

MalMonroe

patrick73 said:

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

Hi, have you spoken to representatives of the company who supplied and fitted the equipment for you? If you are going to use MCOL, you have to have tried to get things put right before you make any claim, as advised in the MCOL  instructions -  "Before starting a claim, the court expects you and the defendant to take a number of steps to try to settle the dispute. These steps are known as ‘pre-action protocols’ and they involve you and the defendant trying to settle the issue without going to court (for example, you will usually need to send the defendant a letter before making the claim, providing sufficient information about the matter to allow them to understand your position, and allow them a chance to respond)."

The whole document, which is very comprehensive, is in the following link -

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/982136/mcol-userguide-eng.pdf

Your post does not indicate that you have had any discussions with the installers of your equipment, or that they are even aware of your dissatisfaction. 

You do have rights under the Consumer Rights Act 2015, which I guess Citizens Advice has discussed with you in detail. But you need to contact the company before you take any action, as per advice above or you won't get anywhere.

p3ncilsharpener

MalMonroe said:

patrick73 said:

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

Hi, have you spoken to representatives of the company who supplied and fitted the equipment for you? If you are going to use MCOL, you have to have tried to get things put right before you make any claim, as advised in the MCOL  instructions -  "Before starting a claim, the court expects you and the defendant to take a number of steps to try to settle the dispute. These steps are known as ‘pre-action protocols’ and they involve you and the defendant trying to settle the issue without going to court (for example, you will usually need to send the defendant a letter before making the claim, providing sufficient information about the matter to allow them to understand your position, and allow them a chance to respond)."

The whole document, which is very comprehensive, is in the following link -

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/982136/mcol-userguide-eng.pdf

Your post does not indicate that you have had any discussions with the installers of your equipment, or that they are even aware of your dissatisfaction. 

You do have rights under the Consumer Rights Act 2015, which I guess Citizens Advice has discussed with you in detail. But you need to contact the company before you take any action, as per advice above or you won't get anywhere.

They won't get anywhere anyway if they think they can get a full refund, keep the product, have them pay to fix it and pay them for being inconvenienced.