Corgi HomePlan say my Consumer Rights don't apply

loulabelle86

Hello all, I hope someone can help as I'm at my wits end. 

I bought a boiler through Corgi Home Plan in Jan 2021 after our boiler broke down. Last year we began to have issues with the wireless thermostat rebooting itself and in doing so, it rests the guidance room temp to higher than we want meaning we have higher bills.

We tried new batteries etc but the problem kept coming back every 6 weeks or so. Looking online this seems to be a common issue with this unit. When we had our boiler service last year we asked the engineer to loo at it and he said he would reset it see if that helped. Problem returned shortly after. I contacted the engineer who fitted it who directed me back to Corgi as the retailer.

After bring ignored by Corgi and then old to contact manufacturer, I filed a complaint and asked them to repair or replace under my Consumer Rights under the 2015 act. I told them a thermostat should be expected to last longer than a year or two and my statutory rights apply. Yesterday a gent from their complaints told me my rights don't apply buy he couldn't say why. He says they only cover a year and Consumer Rights Act doesn't apply. I told him this was law and asked to speak to legal and he told me they don't have a legal team. They have sent me a final decision letter, which I can post saying their purchase policy says a year and they expect that to be enough time for a fault to be reported.

I've contacted trading standards. Can anyone confirm my statutory rights should apply here? Corgi seem to think their purchase agreement supersedes my Consumer Rights. The next step seems to be Utilities ADR and going by their reviews they aren't much help.

I'm so frustrated and hope someone can help.

Alderbank

loulabelle86 said:

Hello all, I hope someone can help as I'm at my wits end. 

I bought a boiler through Corgi Home Plan in Jan 2021 after our boiler broke down. Last year we began to have issues with the wireless thermostat rebooting itself and in doing so, it rests the guidance room temp to higher than we want meaning we have higher bills.

We tried new batteries etc but the problem kept coming back every 6 weeks or so. Looking online this seems to be a common issue with this unit. When we had our boiler service last year we asked the engineer to loo at it and he said he would reset it see if that helped. Problem returned shortly after. I contacted the engineer who fitted it who directed me back to Corgi as the retailer.

After bring ignored by Corgi and then old to contact manufacturer, I filed a complaint and asked them to repair or replace under my Consumer Rights under the 2015 act. I told them a thermostat should be expected to last longer than a year or two and my statutory rights apply. Yesterday a gent from their complaints told me my rights don't apply buy he couldn't say why. He says they only cover a year and Consumer Rights Act doesn't apply. I told him this was law and asked to speak to legal and he told me they don't have a legal team. They have sent me a final decision letter, which I can post saying their purchase policy says a year and they expect that to be enough time for a fault to be reported.

I've contacted trading standards. Can anyone confirm my statutory rights should apply here? Corgi seem to think their purchase agreement supersedes my Consumer Rights. The next step seems to be Utilities ADR and going by their reviews they aren't much help.

I'm so frustrated and hope someone can help.

Yes, their own warranty is only 12 months but that is unconnected with your statutory rights. I am surprised he said the above since their own T&Cs say

'The availability of the CORGI HomeHeat guarantee does not affect your rights against us under the the law generally
Nothing in this contract affects any of your statutory rights that can’t be excluded by law.'

Since you don't tell us, can we assume that you bought this deal on their website:

• Replace your boiler with CORGI HomeHeat.
• One off payment from £2599. 
• Easy as one, two, three.
• Includes free smart thermostat. 
• We take credit or debit card payments online and over the phone.
• Reserve today with a £99 deposit. A further payment will be required before installation.

Undervalued

loulabelle86 said:

Hello all, I hope someone can help as I'm at my wits end. 

I bought a boiler through Corgi Home Plan in Jan 2021 after our boiler broke down. Last year we began to have issues with the wireless thermostat rebooting itself and in doing so, it rests the guidance room temp to higher than we want meaning we have higher bills.

We tried new batteries etc but the problem kept coming back every 6 weeks or so. Looking online this seems to be a common issue with this unit. When we had our boiler service last year we asked the engineer to loo at it and he said he would reset it see if that helped. Problem returned shortly after. I contacted the engineer who fitted it who directed me back to Corgi as the retailer.

After bring ignored by Corgi and then old to contact manufacturer, I filed a complaint and asked them to repair or replace under my Consumer Rights under the 2015 act. I told them a thermostat should be expected to last longer than a year or two and my statutory rights apply. Yesterday a gent from their complaints told me my rights don't apply buy he couldn't say why. He says they only cover a year and Consumer Rights Act doesn't apply. I told him this was law and asked to speak to legal and he told me they don't have a legal team. They have sent me a final decision letter, which I can post saying their purchase policy says a year and they expect that to be enough time for a fault to be reported.

I've contacted trading standards. Can anyone confirm my statutory rights should apply here? Corgi seem to think their purchase agreement supersedes my Consumer Rights. The next step seems to be Utilities ADR and going by their reviews they aren't much help.

I'm so frustrated and hope someone can help.

Their warranty may well expire after a year. As they say, that is in addition to your statutory rights, it cannot reduce them.

However under your statutory rights the item should, as you say, last a reasonable period of time. But, after six months the onus would be on you to show that the problem is caused by an inherent fault. The usual way to do that is by means of an expert report. If that were to confirm the inherent fault and the item should reasonably have lasted (say) five years then you should be entitled to either a repair or a refund which could be adjusted to take account of the use you have had.

So, if you want to pursue this you will need to get (and initially pay for) a report from a suitably qualified person. If your claim is successful then the company would have to meet the cost of the report in addition to settling your claim.

MarvinDay

If the OP did get the installation shown by Alderbank, would the fact that they didn't pay anything for the thermostat:
"Includes free smart thermostat."
mean that the durability section of the CRA wouldn't apply because this states that the goods must be of a reasonable standard taking into account amongst other things, "the price or other consideration for the goods (if relevant),"

Undervalued

MarvinDay said:

If the OP did get the installation shown by Alderbank, would the fact that they didn't pay anything for the thermostat:
"Includes free smart thermostat."
mean that the durability section of the CRA wouldn't apply because this states that the goods must be of a reasonable standard taking into account amongst other things, "the price or other consideration for the goods (if relevant),"

I don't think so.

If that were the case it would be open to all kinds of abuse. For example buy four tyres for £20K and get a free car!

HillStreetBlues

MarvinDay said:

If the OP did get the installation shown by Alderbank, would the fact that they didn't pay anything for the thermostat:
"Includes free smart thermostat."
mean that the durability section of the CRA wouldn't apply because this states that the goods must be of a reasonable standard taking into account amongst other things, "the price or other consideration for the goods (if relevant),"

It forms part of the contract so it's not "free"  but included in the price,
For it to be truly free you would need to be able just to pick one up for no cost without the need to buy anything.