Partially upheld: Goods and services under S75 complaint against A Shade Greener (Boilers) Llp
Financial Ombudsman decision DRN-3571683 of 2022-09-07T00:00:00+00:00. Goods and services under S75 complaint against A Shade Greener (Boilers) Llp. Outcome: Partially upheld.
Decision detail
| Reference | DRN-3571683 |
|---|---|
| Decision date | 2022-09-07T00:00:00+00:00 |
| Firm | A Shade Greener (Boilers) Llp |
| Product | Other regulated product |
| Claim type | Goods and services under S75 |
| Outcome | Partially upheld |
| Remedy | ASG must refund £232.80 to Mrs K and add 8% annual simple interest calculated from June 2020 (date of payment) to the date of refund. If required by HMRC, ASG should deduct income tax and provide a tax deduction certificate if requested. |
Summary
Mrs K complained to the FOS about A Shade Greener (Boilers) LLP regarding a conditional sale agreement for boiler supply, installation and maintenance entered into in 2014. Mrs K experienced various boiler issues over the years and claimed ASG failed to properly power flush the central heating system when installing the boiler, causing irreparable damage. She sought a refund of £2,214 paid to end the agreement early. The ombudsman rejected this claim, finding that while a power flush was not carried out initially, a manual flush with inhibitor was used and a later power flush in 2019 also failed to prevent the debris problems. However, the ombudsman upheld the complaint regarding a £232.80 non-warranty call out fee charged in 2020 for plate heat exchanger replacement, finding no contractual basis for this charge and ordering ASG to refund it with 8% annual simple interest.
The Ombudsman's reasoning
The ombudsman found that while ASG did not carry out a power flush in 2014, it did carry out a manual flush with anti-corrosion inhibitor. Critically, even the power flush carried out in 2019 did not prevent debris problems by April 2020, so the failure to power flush in 2014 did not necessarily cause the boiler to need replacement. However, the ombudsman found no contractual basis in the agreement for ASG to charge a non-warranty call out fee for the plate heat exchanger replacement. The agreement did not detail such charges, and it was unfair for ASG to introduce this charge after the fact. Mrs K should be compensated for being charged this fee, including interest, as she has been without the money since June 2020 and ASG is an FCA-regulated firm subject to complaint handling rules.
How this compares
| Group | Decisions | Uphold rate |
|---|---|---|
| A Shade Greener (Boilers) Llp, all decisions | 27 | 80% |
| Goods and services under S75, all decisions | 19,153 | 37% |
| Other regulated product, all decisions | 51,105 | 30% |
Source
Read the original decision on the Financial Ombudsman Service website