Boiler cover /policy

I believe it comes under the consumer rights.  Correct me if I am wrong please. First time addressing something like this. 

We took out a homemade standard cover policy with Home emergency assist for the boiler,heating,plumbing and electrics.  Paid the full annual payment in January 2022. So far no gas service/annual service.  We have had a problem with the boiler in regards to pressure and error messages  and water leaks. It's my mums home. Pension age. Lives alone has had 2 strokes. 
So called the company on 30th September.  They sent someone out 1st October (3rd party contractor) advised some parts needed and someone to call back in 24 hours. 
The claims department who sent engineer out didn't call back until 19th October.  When they stated they do not work with the manufacturer IDEAL.  We input the boiler make and model upon taking out the policy.  
I was then advised that we had to pay for a fixed price repair  ( this we may be able to claim back ) 
The Ideal team then advised they do not or cannot sort the water leak and we need to get a plumber  in the interim, before the engineer for the actual repair isn't going to come out until 26th October.  
I've tried to call and complain to Home emergency assist and I've been going round and round in circles.  They asked me to contact the company LIM who the claim is now with. Despite having a conversation with someone from this department on Monday 24th October who advised a manager would call me Tuesday.  They according to my call today 26th October  have no notes of this. 
I'm at a loss of what to do. If anyone can advise.  These people have just taken money and not delivered any service 
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Comments

  • Aylesbury_Duck
    Aylesbury_Duck Posts: 15,530 Forumite
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    Pragmatically, the most important thing is to get the boiler fixed and serviced, before the weather turns.  I would ask a couple of local gas technicians to come out and provide an estimate to complete the works, and select the best one.  Then focus on what you can do to recover cost.  You'll either be reclaiming the cost of the repair from the insurance provider, or they may refund your full premium if the boiler was never covered in the first place.
  • Hi. Sorry  we took out a complete standard boiler, heating,plumbing and electrical policy insurance with Home emergency assist in January 2022. So really they should have come out to fix the boiler upon calling 
  • Aylesbury_Duck
    Aylesbury_Duck Posts: 15,530 Forumite
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    edited 26 October 2022 at 4:20PM
    Anita277 said:
    Hi. Sorry  we took out a complete standard boiler, heating,plumbing and electrical policy insurance with Home emergency assist in January 2022. So really they should have come out to fix the boiler upon calling 
    Well yes, but they haven't, and your elderly and vulnerable mother can't hang about while you wrestle with the insurer over the precise policy terms and their obligations. If they've been slow so far, there's limited prospect of them getting this sorted before the unseasonably mild weather inevitably turns. Hence my suggestion of prioritising the repair and service and to worry about the consumer rights angle, complaint or claim, later.

    What do the policy terms say about the annual service?  Does it oblige the insurer to do it within the first year?  If so, they haven't breached that yet.  Is the onus on the policyholder to contact them to arrange the service?  If so, have you done so at any point since January?

    What do the policy terms say about timescales for a call-out, and have they breached those yet?

    Is it the technician they've sent that doesn't work with Ideal boilers, or is it that the policy specifically excludes that make of boiler?

    Who is LIM?  
  • An engineer has attended today for the repairs /replacements of the parts but now has deemed the boiler usafe due the flue and has said this needs moving.  

    LIM are Legal insurance management Ltd who are the claim processors. 
    The plumber attended yesterday and stopped the leak. 
    I was on the phone again for 2 hours this morning with Lim who are claiming no knowledge of calls from complaints and filled a form in for a supervisor as urgent to call back. 
    The request for annual service which is upto the value of £84 is included  in the policy.  I emailed to complain it had not been carried out and was met with an email back with something along the lines of they are not obliged to carry these out under the financial conduct authority 

    If your policy includes a provision for an annual
    gas boiler service then this will be shown in
    your plan schedule. This service is not a
    part of the insurance contract underwritten by
    the underwriter and is also not regulated by
    the Financial Conduct Authority. Complaints
    relating to the boiler service are therefore
    not eligible to be referred on to the Financial
    Ombudsman Service.
  • eskbanker
    eskbanker Posts: 36,926 Forumite
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    Anita277 said:
    The request for annual service which is upto the value of £84 is included  in the policy.  I emailed to complain it had not been carried out and was met with an email back with something along the lines of they are not obliged to carry these out under the financial conduct authority 

    If your policy includes a provision for an annual
    gas boiler service then this will be shown in
    your plan schedule. This service is not a
    part of the insurance contract underwritten by
    the underwriter and is also not regulated by
    the Financial Conduct Authority. Complaints
    relating to the boiler service are therefore
    not eligible to be referred on to the Financial
    Ombudsman Service.
    The way I read that, they're not asserting that they don't need to carry out the service, but simply that it doesn't fall within the insurance aspect of the contract (and therefore is outside FCA/FOS scope).  If you pay for it then you're entitled to it - what does the plan schedule say?
  • born_again
    born_again Posts: 19,874 Forumite
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    Well one thing they are FCA regulated. So if they fail to resolve your complaint you can take them to FOS (If not resolved in 8 weeks, or to your satisfaction)

    So as above, main thing get boiler fixed. Then get complaint in.

     Take it boiler is under 10 years old?

    Please note, there is a compulsory £60 excess to pay in the following situations:

    • Any claim made within the first 90 days of cover
    • Any boiler over 10 years of age
    Life in the slow lane
  • Aylesbury_Duck
    Aylesbury_Duck Posts: 15,530 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 26 October 2022 at 6:17PM
    Forget the service for now, it's a moot point if the boiler needs work.  If they don't service the boiler in the year's contract then you're entitled to claim back the portion of the premium relating to the service.  What I suspect is happening is that there is a shortage of technicians and it's the time of year when everyone turns on their heating and so there are lots of boilers and systems that need work.  Supply can't keep up with demand.

    Get someone decent in to fix the boiler and if the flue needs moving, to do so.  Has the technician actually condemned it in its current location, or is it just a case of the flue not meeting current regs?  For many years I had an old conventional boiler with a flue between two opening windows.  It was a perfectly lawful installation when installed, but every time I had a service, the technician would have to point out and document that it didn't meet current regulations.  I wasn't compelled to address it, it was advisory.
  • Hello everyone.  
    Sorry been trying to sort things out. 

    Boiler parts are now fixed by the engineer who I had to pay £325 fixed price repair- separately  from the boiler cover we paid  in January to the Home emergency assist  policy  for the Comeplete  annual  term. 
    The boiler is under 10 years old. 

    The service had been carried each year prior to this successfully and no problem with the Flue until now. 
    Engineer notes state Flue is too close to the vent and has placed danger stickers on the boiler and do not use.  

    The cover policy ends January 2023. 
    I got advice from citizens advice consumer service who state breach of contract.  
  • Aylesbury_Duck
    Aylesbury_Duck Posts: 15,530 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    So is the boiler usable right now, or does it still need work to move the flue?

    Good news on the contract side.  You should now write to the insurer (or your mother should if she's the policyholder) setting out your view that it's a breach of contract, and your preferred resolution.
  • born_again
    born_again Posts: 19,874 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    Anita277 said:
    Hello everyone.  
    Sorry been trying to sort things out. 

    Boiler parts are now fixed by the engineer who I had to pay £325 fixed price repair- separately  from the boiler cover we paid  in January to the Home emergency assist  policy  for the Comeplete  annual  term. 
    The boiler is under 10 years old. 

    The service had been carried each year prior to this successfully and no problem with the Flue until now. 
    Engineer notes state Flue is too close to the vent and has placed danger stickers on the boiler and do not use.  

    The cover policy ends January 2023. 
    I got advice from citizens advice consumer service who state breach of contract.  
    So person that fixed boiler is happy that it is safe to use?
    If so then raise a complaint on their handling of the situation & declaring the boiler dangerous & unsafe when clearly it is not.. They will either back down & refund, or uphold & you can take it to FOS.
    Just get the guy that fixed it to put something in writing it is safe to use.
    Life in the slow lane
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