Partially upheld: PCP / HP mis-selling complaint against A Shade Greener (Boilers) Llp
Financial Ombudsman decision DRN-3676420 of 2022-09-07T00:00:00+00:00. PCP / HP mis-selling complaint against A Shade Greener (Boilers) Llp. Outcome: Partially upheld.
Decision detail
| Reference | DRN-3676420 |
|---|---|
| Decision date | 2022-09-07T00:00:00+00:00 |
| Firm | A Shade Greener (Boilers) Llp |
| Product | Other regulated product |
| Claim type | PCP / HP mis-selling |
| Outcome | Partially upheld |
| Remedy | ASG must: (1) clean the magnetic filter as part of each annual service going forward; (2) pay Mr and Mrs L £150 compensation for distress and inconvenience caused by its position that cleaning the magnetic filter was not its responsibility. |
Summary
Mr and Mrs L complained about ASG's maintenance obligations under a 2016 conditional sale agreement for boiler supply and installation. They alleged the agreement was mis-sold (claiming they were told maintenance would be free), that ASG failed to properly service components including the magnetic filter and expansion vessel, that the system was not properly flushed, and that an unexplained HM Land Registry charge prevented them from remortgaging. The ombudsman found the agreement was not mis-sold as the £75 annual service charge was clearly stated and Mr and Mrs L did not query it when they had the opportunity. The complaint was partially upheld: ASG must clean the magnetic filter as part of annual services and pay £150 compensation, but the ombudsman rejected claims regarding the expansion vessel, system flushing, and the HM Land Registry restriction, which was found to be a properly explained restriction rather than a charge.
The Ombudsman's reasoning
The ombudsman found that the agreement was not mis-sold because: (1) the £75 annual service charge was clearly stated in the signed agreement; (2) Mr and Mrs L requested a copy of the agreement well before service reminders were sent and did not query it at that time; (3) when booking the service, they did not query the fee. Regarding the magnetic filter, the ombudsman found that since the agreement defines 'goods' to include the magnetic filter and ASG agreed to service the goods annually, cleaning the filter must form part of the service. On the HM Land Registry entry, the ombudsman found it was a restriction (not a charge) and was clearly explained during the sales process as evidenced by the signed checklist and agreement terms. The ombudsman concluded Mr and Mrs L had confused the restriction with a previous charging order they had experienced. The expansion vessel, if within the boiler housing, would be covered by the 10-year warranty and annual service.
How this compares
| Group | Decisions | Uphold rate |
|---|---|---|
| A Shade Greener (Boilers) Llp, all decisions | 27 | 80% |
| PCP / HP mis-selling, all decisions | 2,654 | 20% |
| Other regulated product, all decisions | 51,105 | 30% |
Source
Read the original decision on the Financial Ombudsman Service website