Wrong diagnosis. Who pays?

The water on my combi boiler was running hot and cold so I called in a  heating engineer who came highly recommended on a local forum. 
He diagnosed a fault with the heat exchanger and quoted me £425.00, which I accepted. 
However, the fault was still there after he'd replaced the part and he then said the problem must be with the diverter valve, which he duly replaced and charged another £65 plus parts. 
I requested a refund but he refused saying that he couldn't be expected to work for nothing and he refused even a partial refund. I kept my cool. 
I've since checked on YouTube and there are videos explaining that the problem could be caused by the diverter so it's a commonly known fault. 
I would like to claim for a full refund of the £425.00. Where do I stand legally and how best to pursue this? Thanks

«13

Comments

  • Hello OP

    Services must be carried out with due care and skill, which includes someone performing a diagnosis.

    With a claim such as this burden of proof falls upon yourself so you would typically need the opinion of an expert to say that the diagnosis should have lead to the diverter rather than the heat exchanger and thus wasn't carried out with due care and skill. 
    In the game of chess you can never let your adversary see your pieces
  • TELLIT01
    TELLIT01 Posts: 17,847 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper PPI Party Pooper
    Diagnosis isn't always straightforward.  We had a problem with our boiler some years ago.  One fault was diagnosed (correctly) and a part replaced.  That in turn revealed another problem which couldn't have been identified until the first problem was addressed.  In total the engineer said about £800 in parts had been replaced, including the main circuit board.  Thankfully we had a maintenance contract on it.
  • Mr.Generous
    Mr.Generous Posts: 3,944 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 12 December 2024 at 10:46AM
    Sometimes a fault can have several possible causes - I had a cheap old boiler in a rental (there whan I bought the place) with the same fault - hot water worked but went on and off. Heating engineer said he could keep changing stuff until he cured it, and there were some things more likely to cause the fault - but he said he didn't really want to do it because I could end up paying nearly the cost of a new boiler and have tenant complaing repeatedly. A new boiler was £1200 fitted so I went with that. A year or so earlear the same boiler was £900 fitted, hopoefully I won't be finding out how much they cost now.
    Mr Generous - Landlord for more than 10 years. Generous? - Possibly but sarcastic more likely.
  • fabfor
    fabfor Posts: 95 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    edited 12 December 2024 at 9:18PM
    Hello OP

    Services must be carried out with due care and skill, which includes someone performing a diagnosis.

    With a claim such as this burden of proof falls upon yourself so you would typically need the opinion of an expert to say that the diagnosis should have lead to the diverter rather than the heat exchanger and thus wasn't carried out with due care and skill. 
    The thing is the diverter wasn't even considered. There was no mention of it. Had there been, I would obviously have asked for that (the much cheaper option) to be tried before agreeing to fork out £425. He only figured out it was the diverter after I pressed him for an alternative cause. I'm a retired electronics technician and can't imagine replacing a TV tube/display in error and charging the customer for it.
  • mcplumb
    mcplumb Posts: 103 Forumite
    Fourth Anniversary 10 Posts Name Dropper
    Running hot then cold would normally suggest a plate heat exchanger, especially if the flow temp is going high then dropping out then cycling on off.

    A diverter issue would usually create cooler water if its passing to heating.

    I'm assuming you mean the plate heat exchanger which at £425 (depending which boiler) sounds steep, although probably a fair diagnosis for the symptoms.

    What boiler is it?



  • fabfor
    fabfor Posts: 95 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    mcplumb said:
    Running hot then cold would normally suggest a plate heat exchanger, especially if the flow temp is going high then dropping out then cycling on off.

    A diverter issue would usually create cooler water if its passing to heating.

    I'm assuming you mean the plate heat exchanger which at £425 (depending which boiler) sounds steep, although probably a fair diagnosis for the symptoms.

    What boiler is it?



    It's a Worcester Bosch Greenstar. Yes, cooler when passing through to heating then back to warm. He hadn't checked the temperature of the heating output pipe before deciding it was the plate heat exchanger. In fact, he didn't think of doing that until I pointed out that it must be something other than the heat exchanger.
  • fabfor
    fabfor Posts: 95 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    @mcplumb. Shouldn't he have checked out the diverter option?
  • Undervalued
    Undervalued Posts: 9,513 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    fabfor said:
    Hello OP

    Services must be carried out with due care and skill, which includes someone performing a diagnosis.

    With a claim such as this burden of proof falls upon yourself so you would typically need the opinion of an expert to say that the diagnosis should have lead to the diverter rather than the heat exchanger and thus wasn't carried out with due care and skill. 
    The thing is the diverter wasn't even considered. There was no mention of it. Had there been, I would obviously have asked for that (the much cheaper option) to be tried before agreeing to fork out £425. He only figured out it was the diverter after I pressed him for an alternative cause. I'm a retired electronics technician and can't imagine replacing a TV tube/display in error and charging the customer for it.
    The problem is if, say, there is a 50% chance the fault is caused by a £425 component, a 30% chance it is a £200 component and a 20% chance it is a £100 component in what order do you proceed? Plus there is still the possibility that two items are contributing to the problem!

    Hindsight never fails! Did your plumber make reasonable choice under the circumstances? Anybody answering that now has the benefit of knowing that the £425 job didn't fix the problem. Would they have picked the right choice at the beginning?
  • born_again
    born_again Posts: 19,794 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    fabfor said:
    The water on my combi boiler was running hot and cold so I called in a  heating engineer who came highly recommended on a local forum. 
    He diagnosed a fault with the heat exchanger and quoted me £425.00, which I accepted. 
    However, the fault was still there after he'd replaced the part and he then said the problem must be with the diverter valve, which he duly replaced and charged another £65 plus parts. 
    I requested a refund but he refused saying that he couldn't be expected to work for nothing and he refused even a partial refund. I kept my cool. 
    I've since checked on YouTube and there are videos explaining that the problem could be caused by the diverter so it's a commonly known fault. 
    I would like to claim for a full refund of the £425.00. Where do I stand legally and how best to pursue this? Thanks

    Danger is he puts the old bit back & even after diverter fitted it still does it. or even refunds & removes new part & walks away 🤷‍♀️

    Not doing that leaves you in a better place than you were before. Which I think is covered in regulations?
    Life in the slow lane
  • fabfor
    fabfor Posts: 95 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    fabfor said:
    Hello OP

    Services must be carried out with due care and skill, which includes someone performing a diagnosis.

    With a claim such as this burden of proof falls upon yourself so you would typically need the opinion of an expert to say that the diagnosis should have lead to the diverter rather than the heat exchanger and thus wasn't carried out with due care and skill. 
    The thing is the diverter wasn't even considered. There was no mention of it. Had there been, I would obviously have asked for that (the much cheaper option) to be tried before agreeing to fork out £425. He only figured out it was the diverter after I pressed him for an alternative cause. I'm a retired electronics technician and can't imagine replacing a TV tube/display in error and charging the customer for it.
    The problem is if, say, there is a 50% chance the fault is caused by a £425 component, a 30% chance it is a £200 component and a 20% chance it is a £100 component in what order do you proceed? Plus there is still the possibility that two items are contributing to the problem!

    Hindsight never fails! Did your plumber make reasonable choice under the circumstances? Anybody answering that now has the benefit of knowing that the £425 job didn't fix the problem. Would they have picked the right choice at the beginning?
    The point is he was convinced it was the heat exchanger and didn't even consider the diverter until he'd changed the heat exchanger. Even then he was stuck for an answer and it was only my saying out loud that it must be something else that he ran the hot water and felt the heating pipe to test for the diverter. Isn't that incompetence? 
    I take your points about percentages and hindsight but they don't apply in this case because firstly, no other option was mentioned (so 100% heat exchanger). And even if the diverter option had been mentioned, which would you have opted for... The £100 try-out or the £425 one. 
    Of course, if he'd even thought about the diverter option then he would have carried out the simple test and known that it was malfunctioning - 100%.
    Hope you understand my reasoning.
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