Home Serve Cover 26 September 2022 at 11:55AM in Insurance & life assurance 2 replies 53 views

Sharpda

I had a new boiler fitted by home serve and during the sale credit was arranged for this. Less then 3 years later the smart thermostat broke due so as I had cover with Home Serve thought that they would repair or replace with a new smart thermostat but no they just fitted a normal thermostat. I've made a complaint to them and then just said the T&Cs say we can replace this with what they like. As I'm still paying the credit off for this is there any protection that I can use against the credit company (Barclays Partner Finance) or Home Serve? We pay nearly £40 a month for cover with Home Serve and feels like we are being robbed by them 

user1977

Sharpda said:

just said the T&Cs say we can replace this with what they like

And do they?

eddddy

It sounds like you might have bought 2 different things from Homeserve.

1. A new boiler installation, including a smart thermostat - presumably with warranties.

2. A heating breakdown insurance policy


Then... your smart thermostat broke - and it sounds like you made a claim under the heating breakdown insurance policy. (See below.)


But maybe you should have contacted the Boiler Installation department instead, to enquire about a replacement under warranty - or because of your consumer rights.. 

The Boiler Installation department probably would have told you that the warranty on the smart thermostat only lasts 1 or 2 years. But you could try arguing that, under consumer rights legislation, a thermostat sold on 3 years credit is not 'fit for purpose' , if it doesn't even last for those 3 years. They may or may not give in.

(If they don't give in, and you still feel really strongly, you could make a court claim for 'breach of contract'. Goods being 'fit for purpose' is an implied contract term.)



Going back to the Heating Breakdown Insurance policy. Their current policy wording confirms that the policy doesn't cover replacement of smart thermostats - but you should check if your policy says the same:

 What isn’t Covered?

q) repairing or a like for like replacement of an internet connected controls, thermostats & valves. In the event that a replacement is required to resolve a breakdown, our choice of parts will be fitted;

Link: https://www.homeserve.com/-/media/uk/documents/termsandconditions/l/p7c_20211231_tac_v1.pdf