Upheld: Service failures generally complaint against Brooklin Claims Consultants Ltd
Financial Ombudsman decision DRN-0234942 of 2018-12-28T00:00:00+00:00. Service failures generally complaint against Brooklin Claims Consultants Ltd. Outcome: Upheld.
Decision detail
| Reference | DRN-0234942 |
|---|---|
| Decision date | 2018-12-28T00:00:00+00:00 |
| Firm | Brooklin Claims Consultants Ltd |
| Product | Other regulated product |
| Claim type | Service failures generally |
| Outcome | Upheld |
| Remedy | Brooklin Claims Consultants Ltd must: (1) provide precise reasons why the fire was fitted if there are problems with the flue; (2) provide a quote to effect repairs and bear any costs involving removing and replacing the fire; (3) expedite the gas safety certificate once the flue issue is resolved; (4) either reimburse Ms O for the water heater invoice or provide detailed reasons why it is not covered; (5) pay Ms O £200 compensation for delays. |
Summary
Ms O complained about Brooklin Claims Consultants Ltd's handling of insurance repairs following a fire in her property. An adjudicator found in her favour, but Brooklin disagreed and promised works were not carried out. The ombudsman found that Brooklin had failed to provide required gas safety certificates, had fitted a fire without resolving an underlying flue liner problem, and had made false statements about issuing all certificates. The ombudsman upheld the complaint and ordered Brooklin to resolve the flue issue, provide the gas safety certificate, reimburse Ms O for water heater costs, and pay £200 compensation for unreasonable delays.
The Ombudsman's reasoning
The ombudsman found Brooklin's response troubling because they fitted a fire without resolving the flue liner issue that was behind it, yet failed to inform Ms O or the ombudsman office of this problem for months despite claiming all certificates had been issued. The ombudsman concluded that Brooklin should have disclosed the flue issue earlier and should bear the costs of removing and replacing the fire since the problem could have been sorted earlier. The delays in resolving the matter, which have extended over many months, constitute a failure for which compensation is due.
How this compares
| Group | Decisions | Uphold rate |
|---|---|---|
| Brooklin Claims Consultants Ltd, all decisions | 8 | 75% |
| Service failures generally, all decisions | 32,767 | 33% |
| Other regulated product, all decisions | 51,105 | 30% |
Source
Read the original decision on the Financial Ombudsman Service website