Combi boiler nightmare

[frednick]

This is an independent service agent from what we can gather and the expected contract to diagnose the fault was directly with the agent and not with the manufacturer.

However, as the homeowner did not keep his side of the contract by paying for that diagnosis then I dont think that he can expect any diagnosis or rely on any mentioned verbally . We need the opinion of a barrister!

Tony

No, this was my local Ariston engineer. I phoned Ariston and they give me his number.
I did not get the chance to pay for the diagnosis as he refused to provide a fix date and told me he wouldn't fit it even if I could get the pcb.

 

[Agile]

No, this was my local Ariston engineer. I phoned Ariston and they give me his number.
I did not get the chance to pay for the diagnosis as he refused to provide a fix date and told me he wouldn't fit it even if I could get the pcb.

In spite of what you say or may think, this was an independent service agent and your contract was directly with him!

You merely obtained his telephone number from Ariston.

If you book a manufacturer's staff service engineer then the company make all the bookings and its invoiced in their name.

You must understand that boiler engineers usually expect to source and supply and fit spare parts themselves. Only a very few will fit parts you have obtained yourself.

Tony

 

[frednick]

No, this was my local Ariston engineer. I phoned Ariston and they give me his number.
I did not get the chance to pay for the diagnosis as he refused to provide a fix date and told me he wouldn't fit it even if I could get the pcb.

In spite of what you say or may think, this was an independent service agent and your contract was directly with him!

You merely obtained his telephone number from Ariston.

If you book a manufacturer's staff service engineer then the company make all the bookings and its invoiced in their name.

You must understand that boiler engineers usually expect to source and supply and fit spare parts themselves. Only a very few will fit parts you have obtained yourself.

Tony

Tony,
Either I haven't explained very well or you're not reading the thread. The only reason I ordered the part was because the plonker couldn't tell me when he could obtain one, what else could I do, wait indefinitely?

 

[heatingman]

Tony is correct especially about the part. I still think you should try Ariston as the engineer is representing them, directly or indirectly and has clearly not behaved to the standards they hopefully expect.
They must accept some responsibillity as they recommended this agent.

 

[Agile]

This fellow's connection with Ariston is very limited.

He is someone who has satisfied their requirements for being listed as a "Service agent".

I dont know what they require but its quite possible its as little as he has been on a one day course on their boilers!

I fully realise that the OP had no alternative but to ditch this fellow. What he would have been better off doing was to have contacted Ariston for THEIR advice on a different ( better ) engineer who would have come and diagnosed the real fault.

I have to say that the faults really very basic in this case!

Tony

 

[Slugbabydotcom]

I am not a legal eagle but here's what I see

Heres a snippet

Under the contract, the consumer will agree to pay the trader a sum of money, and/or to do something else in return for the goods or services the trader supplies. This commitment is known as the ‘consideration’ in the contract. If there is no consideration, i.e. if a trader offers to supply goods or services completely free of any charge or other obligation, there is no contract at all.

from here

In this case there is no consideration because, You never paid him.
If he had fitted the wrong part and you had paid him then you would have been able to seek a remedy.

When you did this:-

After thanking him for his "wonderful service" I hung up the phone.

you broke the proposed contract and relinquished any duty of care he may have had to you; as he had not been allowed to continue work OR been paid for a diagnosis and repair.

No consideration, No contract, No Duty of Care.

You must be responsible for your own action of buying a pcb and then paying someone to fit it.

Even though my opinion is not what you want to hear I want you to know that I do sympathise with your plight and can see that because of his misinformation you have wasted money.

Life's a BlTCH !!!







My opinions here although generally given with the best of my ability and knowledge are merely my opinions and I accept no legal claims of any description and no responsibility for any actions of the OP or other recipients due to my postings on this site.

 

[Agile]

To continue the legal aspects, I think that this is a prime example of caveat emptor or buyer beware.

You chose to buy the PCB on the basis of something said to you by someone who, by then, you did not trust!

Unfortunately,because electronic PCBs are very delicate and easily damaged, all the suppliers sell on a non refundable basis. Once opened, you can never get your money back!

Of course thats all news to you, but the plain message is that you need a competent boiler engineer who you are prepared to trust. Gaining that trust will be easier if they offer stated terms to protect you like no-fix no-fee and will not charge you for any parts they fit unless they are required to solve the problem.

Tony

 

[Doctor Drivel]

I am fuming by the attitude of this "Corgi registered Ariston specialist".
Can I sue him? Should I report him to Ariston/ Corgi? Surely they should have some duty of care?

Thanks
Fred.

Unfortunately all too common an attitude and competence level. Why didn't you complain to Ariston? In writing!!!

What was the name of the company yo dealt with?

At least you have spare pcb. Leave it near the boiler in a safe place and with not saying it is perfect.

 

[frednick]

Just a quick update. I sent a letter requesting a reimbursement for the cost of the PCB and received a cheque this morning. I will now send the PCB to the engineer as it's of little use to me really, and won't be taking it further with Corgi and Ariston.
Thanks all for your help.

 

[ChrisR]

To whom did you send the letter and whose cheque was it? Don't send the board to the engineer if Ari paid for it!

 

[boilerbeasty]

Don't send him the PCB - he didn't supply it, he is unlikely to pay you for it , and perhaps (!) you will find it difficult to get it back from him.

Hold on to it, complain to Ariston, and if they don't give you anything in good will then either keep the PCB ready for the day it does fail for real, or stick it on eBay (perhaps there is a willing bidder already searching for one on behalf of a customer in Falkirk...)

 

[frednick]

The engineer who I complained to sent me the cheque therefore I feel it is only fair to send the pcb back.
In my letter I stated that if he reimbursed I would send the PCB to him.
So fair is fair!