British Gas / Centrica / Hive won't honour substantial prize win - what can I do?

LightFlare

Reading the initial post (and some subsequent) — I’m not convinced that a terraced house would be 100% suitable for this type of installation 
Would need more info on age/location (of the house)
Sure a heat pump “expert” could comment further

the_lunatic_is_in_my_head

@Okell

I was thinking of the consideration from the OP's point of view but is it not

The offer is an entry to a competition.
The consideration is the promise of the prize to the winner
The acceptance is the action of the entrants entering the competition

The DMCCs state that:

https://www.legislation.gov.uk/ukpga/2024/13/schedule/20

Claiming to offer a competition or prize promotion without awarding the prizes described or a reasonable equivalent.

is always an unfair commercial practice:

Regarding right to redress if the prize is a product and the giving of the prize constitutes a trading suppling that product the Act should award the right to damages.

Even without the DMCC's right to redress the terms of the promotion from Hive says 

5.3 The Promoter reserves the right to substitute the prize for one of equal or greater value if the designated prize should become unavailable for any reason.

The prize has become unavailable (whilst noting Section 69 of the CRA) so an alterative of equal or grater value should be offered. 

@nator if you are still with us, I would send Hive the link above (pasted again for clarity):

https://www.legislation.gov.uk/ukpga/2024/13/schedule/20

Claiming to offer a competition or prize promotion without awarding the prizes described or a reasonable equivalent.

and advise Hive they need to provide an alterative prize or you will seek to recover damages via small claims under the right to redress:

https://www.legislation.gov.uk/ukpga/2024/13/part/4/chapter/1/crossheading/consumers-rights-of-redress-relating-to-unfair-commercial-practices

I would look on the CEO email website and cc in the contact there for Hive/BG, etc and you can also cc in the CEO for Centrica.

Keep the email brief, polite and to the point.

If they don't budge you can find a letter before action template on Google, fill in the blanks and post it 1st Class with proof of posting to the promotor (who is clearly listed in the terms as 1.1. The promoter is Centrica Hive Limited, whose registered office is Millstream, Maidenhead Road, Windsor, Berkshire SL4 5GD). 

If they still won't work with you then you have to decide whether or not to follow through with the claim and if so what to claim for, the prize is "Samsung 5kw or 8kw Heat Pump" which is worth a couple of grand at a quick glance. 

The terms you posted don't appear to actually say they will cover the cost of install or anything associated, which is a bit odd, are you sure (as in have something in writing to say) the prize is a full install?

sheramber

the_lunatic_is_in_my_head said:

@Okell

I was thinking of the consideration from the OP's point of view but is it not

The offer is an entry to a competition.
The consideration is the promise of the prize to the winner
The acceptance is the action of the entrants entering the competition

The DMCCs state that:

https://www.legislation.gov.uk/ukpga/2024/13/schedule/20

Claiming to offer a competition or prize promotion without awarding the prizes described or a reasonable equivalent.

is always an unfair commercial practice:

Regarding right to redress if the prize is a product and the giving of the prize constitutes a trading suppling that product the Act should award the right to damages.

Even without the DMCC's right to redress the terms of the promotion from Hive says 

5.3 The Promoter reserves the right to substitute the prize for one of equal or greater value if the designated prize should become unavailable for any reason.

The prize has become unavailable (whilst noting Section 69 of the CRA) so an alterative of equal or grater value should be offered. 

@nator if you are still with us, I would send Hive the link above (pasted again for clarity):

https://www.legislation.gov.uk/ukpga/2024/13/schedule/20

Claiming to offer a competition or prize promotion without awarding the prizes described or a reasonable equivalent.

and advise Hive they need to provide an alterative prize or you will seek to recover damages via small claims under the right to redress:

https://www.legislation.gov.uk/ukpga/2024/13/part/4/chapter/1/crossheading/consumers-rights-of-redress-relating-to-unfair-commercial-practices

I would look on the CEO email website and cc in the contact there for Hive/BG, etc and you can also cc in the CEO for Centrica.

Keep the email brief, polite and to the point.

If they don't budge you can find a letter before action template on Google, fill in the blanks and post it 1st Class with proof of posting to the promotor (who is clearly listed in the terms as 1.1. The promoter is Centrica Hive Limited, whose registered office is Millstream, Maidenhead Road, Windsor, Berkshire SL4 5GD). 

If they still won't work with you then you have to decide whether or not to follow through with the claim and if so what to claim for, the prize is "Samsung 5kw or 8kw Heat Pump" which is worth a couple of grand at a quick glance. 

The terms you posted don't appear to actually say they will cover the cost of install or anything associated, which is a bit odd, are you sure (as in have something in writing to say) the prize is a full install?

If it was just the heat pump  as the prize it would not have needed a surveyor visit

Iit would not matter whether the property was suitable or not if installation was not included. 

the_lunatic_is_in_my_head

sheramber said:

If it was just the heat pump  as the prize it would not have needed a surveyor visit

Iit would not matter whether the property was suitable or not if installation was not included. 

I would assume the purpose of the competition is to harvest data of those interested in a heat pump and then use that data for direct marketing with the cost of one install to be far less than the business gained. 

The heat pump is a small part of the cost, the cylinder is pricy, the rads need changing (they may be happy to connect to existing pipework) and there is insulation to consider, if the property isn't insulated well that heat pump will cost a lot to run. 

It's just very odd that the terms don't appear to mention the install so it seems sensible to clarify if going down the road of small claims to prevent someone at Hive who knows what they are doing defending the claim, or part of it, based on the install not being included but rather that the winner was expected to pay Hive for everything beyond the heat pump itself   

nator

the_lunatic_is_in_my_head said:

@Okell

I was thinking of the consideration from the OP's point of view but is it not

The offer is an entry to a competition.
The consideration is the promise of the prize to the winner
The acceptance is the action of the entrants entering the competition

The DMCCs state that:

https://www.legislation.gov.uk/ukpga/2024/13/schedule/20

Claiming to offer a competition or prize promotion without awarding the prizes described or a reasonable equivalent.

is always an unfair commercial practice:

Regarding right to redress if the prize is a product and the giving of the prize constitutes a trading suppling that product the Act should award the right to damages.

Even without the DMCC's right to redress the terms of the promotion from Hive says 

5.3 The Promoter reserves the right to substitute the prize for one of equal or greater value if the designated prize should become unavailable for any reason.

The prize has become unavailable (whilst noting Section 69 of the CRA) so an alterative of equal or grater value should be offered. 

@nator if you are still with us, I would send Hive the link above (pasted again for clarity):

https://www.legislation.gov.uk/ukpga/2024/13/schedule/20

Claiming to offer a competition or prize promotion without awarding the prizes described or a reasonable equivalent.

and advise Hive they need to provide an alterative prize or you will seek to recover damages via small claims under the right to redress:

https://www.legislation.gov.uk/ukpga/2024/13/part/4/chapter/1/crossheading/consumers-rights-of-redress-relating-to-unfair-commercial-practices

I would look on the CEO email website and cc in the contact there for Hive/BG, etc and you can also cc in the CEO for Centrica.

Keep the email brief, polite and to the point.

If they don't budge you can find a letter before action template on Google, fill in the blanks and post it 1st Class with proof of posting to the promotor (who is clearly listed in the terms as 1.1. The promoter is Centrica Hive Limited, whose registered office is Millstream, Maidenhead Road, Windsor, Berkshire SL4 5GD). 

If they still won't work with you then you have to decide whether or not to follow through with the claim and if so what to claim for, the prize is "Samsung 5kw or 8kw Heat Pump" which is worth a couple of grand at a quick glance. 

The terms you posted don't appear to actually say they will cover the cost of install or anything associated, which is a bit odd, are you sure (as in have something in writing to say) the prize is a full install?

I'm still here, and thank you for this!

I was readying myself for a complatin to the ASA, as I had understood from my research that this competiion was a promotion, and therefore there is a legal duty to fulfil a promotion. I thought the gambling posts were a read herring, but there the two are probably intertwined.

I had come across this site: https://www.asa.org.uk/advice-online/promotional-marketing-prize-draws.html

I was unaware of the DMCC, so will have to read up on this now and will come back to this thread.

nator

sheramber said:

the_lunatic_is_in_my_head said:

@Okell

I was thinking of the consideration from the OP's point of view but is it not

The offer is an entry to a competition.
The consideration is the promise of the prize to the winner
The acceptance is the action of the entrants entering the competition

The DMCCs state that:

https://www.legislation.gov.uk/ukpga/2024/13/schedule/20

Claiming to offer a competition or prize promotion without awarding the prizes described or a reasonable equivalent.

is always an unfair commercial practice:

Regarding right to redress if the prize is a product and the giving of the prize constitutes a trading suppling that product the Act should award the right to damages.

Even without the DMCC's right to redress the terms of the promotion from Hive says 

5.3 The Promoter reserves the right to substitute the prize for one of equal or greater value if the designated prize should become unavailable for any reason.

The prize has become unavailable (whilst noting Section 69 of the CRA) so an alterative of equal or grater value should be offered. 

@nator if you are still with us, I would send Hive the link above (pasted again for clarity):

https://www.legislation.gov.uk/ukpga/2024/13/schedule/20

Claiming to offer a competition or prize promotion without awarding the prizes described or a reasonable equivalent.

and advise Hive they need to provide an alterative prize or you will seek to recover damages via small claims under the right to redress:

https://www.legislation.gov.uk/ukpga/2024/13/part/4/chapter/1/crossheading/consumers-rights-of-redress-relating-to-unfair-commercial-practices

I would look on the CEO email website and cc in the contact there for Hive/BG, etc and you can also cc in the CEO for Centrica.

Keep the email brief, polite and to the point.

If they don't budge you can find a letter before action template on Google, fill in the blanks and post it 1st Class with proof of posting to the promotor (who is clearly listed in the terms as 1.1. The promoter is Centrica Hive Limited, whose registered office is Millstream, Maidenhead Road, Windsor, Berkshire SL4 5GD). 

If they still won't work with you then you have to decide whether or not to follow through with the claim and if so what to claim for, the prize is "Samsung 5kw or 8kw Heat Pump" which is worth a couple of grand at a quick glance. 

The terms you posted don't appear to actually say they will cover the cost of install or anything associated, which is a bit odd, are you sure (as in have something in writing to say) the prize is a full install?

If it was just the heat pump  as the prize it would not have needed a surveyor visit

Iit would not matter whether the property was suitable or not if installation was not included. 

There is a lot that is unclear about the competition. I found out I had "won" via a phone call, I never had any contact details of way of getting back to them. The surveyors on site confirmed that the prize was the equipment and installation, but there has never been anything in writing (I filled in a card at an event, I did not consider taking copies home with me!).

So yes, I think the intention is clear, full installation or there would have been no survey. The whole administaration of the competition has been so casual, it's evident that nobody through through what it would actually mean to deliver the prize, and when someone finally got round to it they decided it would be easier to pretend it never happened.