Central Heating Nightmare - Please help me!

[slippyr4]

Seems a bit dody. Quick google for "JPV Plumbing & Heating" turns up some interesting stuff:-

Company for sale on "vintage" company site - maybe this is where he bought his company. Either that or he's trying to sell it. If you look him up on Companies House, it's the same company.

These companies set up companies and maintain them in a benign state, then you can buy the company ready set up. This makes it easier to get credit for your company.

 

[chrishutt]

Isn't Google fun . Interesting to note that the registered address of JPV plumbing & heating is the same as one of the addresses offered by the agency linked to above. A kind of address of convenience to conceal the real operating address of the company. The system certainly seems to favour the dodgy operators.

I suspect he's trying to sell the company, which makes one wonder how long he expects to be around to provide support for his installations. Could explain his cavalier attitude to the Building Regulations, not to mention his customers. Early retirement in the Costas beckoning?

 

[PEDANTICVINDICTIVEMAN]

Those copper bends into a tight corner look absolutaly shiitte.

 

[stanrog]

A difficult situation in any circumstances and a lot of good advice has been given although some is conflicting and some taking you down avenues that at this stage it may be best to avoid.
I have had experience with contracts from a procurement environment and from this prospective I summarise the situation.
A verbal contract has been entered into for the supply and installation of a central heating system. The supplier feels he has completed the contract and wants payment. When a contract has been completed, it is unreasonable to withhold payment, however it needs to completed to the satisfaction of the customer and although the system is working, the customer has several issues she needs resolved before making full payment. the customers issues are:-
1) The boiler installed is a combination whereby by law it should have been a condensing boiler unless good reasons exist to prevent this type of boiler being installed. An assessment certificate must therefore be provided by the supplier but so far he has not. The contract has therefore not been completed and thus full payment is not due. It seems also that a other paper work is incomplete, ie benchmark certificate.
2) Pipework runs - although working, the location of some are aesthetically not pleasing, The question here is whether it was reasonable to lay the pipe where it is. If he is not willing to move it and you do not accept his reasons, an arbiter needs to be appointed and his decision to be accepted as final. If you wished to withhold any of the payment, I would suggest 5% of the contract price would be reasonable until the matter is resolved.
3) Damage to sofa and carpet - the supplier has a duty/responsibility to make good any damaged caused by negligence. If he is not prepared to, you should claim of his insurance thus you would need to get a claim form from him.
I would withhold estimate cost of repairs until such time he has made good the damage or the claim has been submitted to his insurers.
4) Damage to flooring - it is not unreasonable to expect some damage to floorboards will happen when lifting. If from the customers view point the damage is considered excessive/negligent, discuss with the supplier for repairs to be undertaken/ claim on insurance. If no damage accepted, an arbiter could be used.
5) Cooker point not installed - Contract is not complete but only a small % of the contract should be withheld.
6) Damage to ceiling and roof timbers - as 3) above - presumably there is no structural damage.

Although it would be hard, I would suggest you discuss these issues with the supplier at your house thus giving him an opportunity to explain/show why he has done things the way he has, sight the damage etc. Advise him that you will confirm in writing the issues and his course of action to remedy them. You are therefore acting reasonably which would stand you in good stead at a later date if the issues are not resolved at this meeting.
Sorry if it seems longwinded but I hope it may be of help.
Finally, Chrishutt point below is I believe the most relevant of all
I think you need to decide how you feel about the installer coming back into your home to put things right. If you want to avoid that, better to aim for a settlement where you still pay a substantial part of his bill. It might be better to pay a little more than you think he deserves rather than have all the expense, hassle and stress of a drawn out dispute.


[/quote]

 

[JohnD]

Please remove this post.


changed my mind.

 

[PaulAH]

I was (very briefly) quizzing my other half about this last night (she's a lawyer). She said that its very likely that you would need to settle the bill with him in full, and then take him to court for damages - rather than withholding all or part of the payment.

With the greatest respect to your missus, she would say that, wouldn't she? Cherie Blair would say the same.

Speaking as someone whose wife is a magistrate, and who knows more than a little about court proceedings himself, the judicial system does take account of individual cases. It does, by and large, look beyond the letter of the law. It is there to interpret law as well as impose it. Most county court judges would look at your case sympathetically. The fact that a registered Corgi engineer on whom you were relying has installed illegal equipment strengthens your hand considerably.

DO NOT, UNDER ANY CIRCUMSTANCES, PAY THE BILL IN FULL (forgive the caps). Your only recourse is then through the courts which, as others have advised, is not necessarily the best course of action. The guy may go bust or do a runner.

If you pay anything, it should be at most the cost of the materials he has bought. Whether this includes the boiler is debatable. He has paid out for it but it's illegal in the absence of certification which he has not supplied. Should push come to shove, I cannot believe that any judge would find against you simply because you withheld all, or part of, the cost of the boiler. He would have to have a very smart lawyer indeed to wriggle out of compensating you on that alone.

Most arbitration services work on the principle that aggrieved parties should, in the first instance, try to reach an agreement among themselves before the weight of the law comes to bear. This case is no different. If you have the stomach, which I believe you have, you must seek rectification from the guy before going to court. But don't pay him any more than you have to.

He will know how much he's skimped on the job and may be surprised that someone as canny as you has paid him anything at all.

 

[humbug]

THANK YOU ALL AGAIN!
Just wanted to let you know I have taken it all in and I am getting on with it right away!
I will let you know what happens!
I am really grateful for all of the amazing advice and encouragment. Without you guys I would have been bullied into parting with my money and then found out I had still more to pay out on recitfying etc.
THANK YOU!!!!

 

[PEDANTICVINDICTIVEMAN]

Your welcome, please definately let us know as we proper guys hate cowboys as much as the public if not more so.