legal advice

[nabby]

A limited company installed a new boiler which has broken down. since i still have warranty the manufacturer checked out the boiler. i was instructed to clean the system. the installer did not do the job properly sothe manufacturer has refused to fix the boiler until the job is done properly.
After numerous calls and letters tothe installer, am force to get another company to clean the system
should i sue the limited company or director ofthe company for the amount tosort out the boiler.
Are limited companys obligatedby law to havve insurance?
i paid cash for the installations and have a receipt.
can someone pls advice

 

[SST]

What discussion has taken place with the original installer so far, to the best of my knowledge you have to give them oppertunity to rectify the fault and within a reasonable amount of time, if they fail to do so you can then have the work done by another party and seek to recover the cost of this from the original installer.

Have you put the nature of the problem in writing to the original installer, along with the fact you require it rectifiying within say the next 14 days.

Does the original installer accept the fault / problem or do they dispute it?

 

[Anthony Reeves]

If you contracted with a limted company then it would be that limited company who would be the defendant.
As has been stated, you should write the company stating something along the following lines:

Dear Sirs,

I refer to the installation of the XYZ Boiler on the xx/xx/2009.

It was an implied term of the contract under the Supply of Goods & Services Act 1982 that you would exercise reasonable care and skill in installing the boiler. This you have not done because ___(set out what is wrong with the boiler).

I am giving you a final opportunity to inspect and rectify the fault(s). If you do not do so within 14 days of the date of this letter, I will employ other contractors to rectify the faults and will then claim these costs from you.

Yours....etc...

----------------

Before you get the repaired, it would be sensible to have a report of its defects by someone independent.
Limited companies do not have to have insurance.


Anthony Reeves
Pinniger Finch & Co, Solicitors

 

[Stuart Walker]

where are you based, we may be able to provide an independant report if it is a make we specialise in?

 

[nabby]

Thanks SST, Anthony reeves and Stuart Walker for ur replys

I have written letters to the installer the first time my boiler broke down and after they had tried to sort the problem which did not work.
The installer accepts fault becos he tried to sort it out.

The manufacturer of the boiler inspected the boiler twice, written what remedial workis needed to be done. i reckon it can act as an independent inspector .

can i sue the director of the company, it will make sense that the enforecment officers can go tohis house than the company premises to enforce payment

 

[yorkshirejames]

can i sue the director of the company, it will make sense that the enforecment officers can go tohis house than the company premises to enforce payment

No, is the short answer. Is the registered office address his house or the business premises?

 

[SST]

The installer accepts fault becos he tried to sort it out.

If he accepts fault, has he said why he wont fix it?

Does he accept fault, or does he accept that their IS a fault, there is a huge difference.

Is he simply saying that the boiler is faulty and it's down to the manufacturer, seems daft to accept fault with the installation but not do anything about it. If he knows its his fault he must be anticipating having to pay for remidial work.

Maybe he's burying his head in the sand and hoping the whole thing will go away.

 

[nabby]

Thank u yorkshirejames and sst.
The registered address is differernt from his home address, althought what is on their site is also different.
My next question is how is enforcement acheived when baliffs visit a registered office premises and cannot confiscated their work stuff like computer, other equipment etc. How do private limited companies who have very small share value pay damages? if it is an individual a baliff takes goods from ur hse.
Any suggestions pls
Much appreciated

 

[SST]

I believe that the baliff can only not sieze ESSENTIAL items used for work, so computer other equipment, van, car etc would be a subjective opinion, based on the item.

I have known baliffs sieze work vans, cars, computers etc. Trade tools are a no no i believe.

They would for example sieze your work car or van if it was used for transport and for lugging stuff about, but if it was say a specialist vehicle, like an ice cream van, or your taxi they wont / cant.

If you have an alternative, eg could use public transport, or hire another vehilce, despite it being inconvenient its game on, but if it essesntial like the ice cream mans ice cream van then not.

Sorry, its a poor explaination, i cant think of how to put it in a clearer manner. There are some enforcement officers on the forum McGovern for example may be able to help if you send him a PM.