Upheld: Service failures generally complaint against A Shade Greener (Boilers) Llp
Financial Ombudsman decision DRN-3484723 of 2022-06-21T00:00:00+00:00. Service failures generally complaint against A Shade Greener (Boilers) Llp. Outcome: Upheld.
Decision detail
| Reference | DRN-3484723 |
|---|---|
| Decision date | 2022-06-21T00:00:00+00:00 |
| Firm | A Shade Greener (Boilers) Llp |
| Product | Other regulated product |
| Claim type | Service failures generally |
| Outcome | Upheld |
| Remedy | ASG must: (1) remove the £120 call out charge from Mr W's account and refund any amount already paid with 8% annual simple interest from date of payment; (2) remove any outstanding balance relating to the maintenance and service part of the agreement; (3) pay Mr W £175 for distress and inconvenience caused by lack of clear communication |
Summary
Mr W complained about ASG's handling of a boiler maintenance issue that arose in September 2020. When ASG's engineer identified a blocked waste pipe as the cause of the condensate pipe problem, ASG charged Mr W £120 for the visit and told him to fix the waste pipe at his own expense. When Mr W subsequently reported hot water problems, ASG provided insufficient guidance, leading Mr W to hire a third-party engineer. ASG then voided the warranty and Mr W eventually replaced the boiler. The ombudsman upheld the complaint, finding ASG failed to communicate clearly about resolution options and lacked contractual basis for the £120 charge, but rejected Mr W's claims for boiler replacement costs as the identified faults were repairable.
The Ombudsman's reasoning
The ombudsman found that while ASG was correct that the blocked waste pipe was Mr W's responsibility under the contract, ASG failed to communicate clearly about what Mr W needed to do to resolve the issue, particularly regarding the subsequent hot water problem. The ombudsman determined that Mr W reasonably instructed a third-party engineer given this lack of clarity. The ombudsman rejected Mr W's claim that the boiler was beyond economic repair, as the identified faults (faulty heat exchanger and sensors) were replaceable items. However, the ombudsman upheld the complaint regarding the £120 call out fee, finding no contractual basis for this charge, and awarded £175 compensation for the distress caused by poor communication.
How this compares
| Group | Decisions | Uphold rate |
|---|---|---|
| A Shade Greener (Boilers) Llp, all decisions | 27 | 80% |
| 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