Potential legal dispute

[lutonlagerlout]

we did a job 6 years and 6 months ago
on that job a gas engineer paid by us commissioned a new boiler

6 1/2 years on the boiler packs up and the client wants me to pay them 3k for a new one,which they had installed without even notifying us,
I am sure the supply of goods and services covers this but it looks like the client will be taking us to the small claims court

we were not made aware of any fault in the intervening period

totally spurious,but any advice on defending a small claim would be handy,shame as it was a nice job with nice people,

cheers LLL

[rab1]

Not sure on the legal part but a new boiler comes with a max 10 years warranty, if the boiler breaks down her claim is against the manufacture.

[Forestboy1978]

Don't sound very nice people to me....

How could they possibly justify to themselves that is your responsibility??

[dig dug dan]

Chancers. They cannot install and pay for it then claim from you. As said already, they should have dealt with the manufacturer!

[michaelthegardener]

id guess they never had it serviced so the manufacturer wouldn't honour the guarantee

[rxbren]

Doubt they have any come back also doubt any boiler that age has that long a warranty

Chances are a boiler if that age wouldn't have that long a warranty and any issues would have to be sort with manufacturer but if they haven't had any routine maintenance carried out it would be void anyway. They would need proof of annual services and would have probably had to register the boiler when installed if no registration or annual decides warranty would only be a year
Even if by some small chance you were liable they would have to contact you fir the repair
And give you a chance to fix it, they can't just replace it and try to bill you fir it especially after 6.5 years
Chances are they just want a free boiler from you and if they go small claims they will lose, id take a bet that they are threatening small claims to scare/bully you into paying fir something you don't have to

[mickg]

I thought the supply of goods act covers up to 6 years Tony ?

[lutonlagerlout]

its an odd one Mick as we left on great terms,only certain boilers have a 10 year warranty the majority its just 2 years,thing is I have gone back and changed a lightbulb for people 8 years down the line, I never tell people to do one
I think under the supply of goods and services act that the original tradesperson must be given the opportunity to rectify any fault
of course the guy that fitted the new one made a big list of faults and said it was fitted negligently
strange how it worked for 78 months when it was so badly put in?
it was all signed off and legit when installed
nowt so strange as folk,if they had rang I would have sent someone round there?
LLL

[GB_Groundworks]

just speak to a brief and fight it theyll be banking on you shitting it and paying up, id fight it and go for cost against them. i have legal cover in my contractors all risk policy etc but thats just out of order and you are right they have to offer you the chance to rectify and potential defects cant just bill you, call and independent expert for opinion and discredit the new installer biased opinion. also regs change etc so what might not be upto code now will have been when installed.

[lutonlagerlout]

been down the legal route once and it was a very stressful experience,I know now why solicitors holiday in the Caribbean!

the strangest thing is it was a lovely job and they were lovely people, the lady even gave us a thank you card to all the team!

I wasnt running that side of things at the time so its quite an eyeopener.
LLL