Faulty HRV Plumber won't take responsibility

cookie1234 · 24-10-2013 10:37PM #1

My HRV was installed approx 15 months ago into a new build house but stopped working 2 months ago. I contacted the plumber who sold/installed it and he came to look at it. He was unable to diagnose the fault and directed me to the manufacturer to organise the repair. The manufacturer wanted to charge €200 just to send an engineer, which I wasn't happy about. I went back to plumber as I feel that 15 months is an unreasonably short time for a HRV to function before breaking down. I contacted the National Consumer Agency who informed me that as I bought the system from him he is responsible for organising the repair. The plumber did not agree and is now ignoring all my efforts to contact him. Has anyone had any similar problems with tradesmen? How were they resolved? What should my next course of action be?

scudo2 · 24-10-2013 11:42PM

What guarantee as in months did plumber provide in writing and what sort of guarantee has the manafacture on his website ?

When I quote I state that all work done by us is fully guaranteed and insured from point of compleation for X No. of years .
depending on instulation type.
But that's just my system and my personal guarantee.
What do you have in writing as 12 months is the norm.

Yes its bad form by the plumber but if he's like a lot of plumbers that I know he might not be in a good financal position to be obliging through no fault of his own.
This is the country we now live in.

cookie1234 · 25-10-2013 12:07AM

Plumber states manufacturers warranty was 12 months. According to NCA though these warranties are separate from plumbers responsibilities under sale of goods act and that he is still responsible for repair. When I was trying to get plumber out to check system he wouldn't accept there was a fault at all. He said he had been using same system for 6 years and none had ever been faulty. But now mine is he says it's nothing to do with him. NCA/sale of goods act states goods need to be 'reasonably durable' and that regardless of warranty supplier is responsible for goods sold for up to 6 years.

scudo2 · 25-10-2013 12:21AM

cookie1234 wrote: »

Plumber states manufacturers warranty was 12 months. According to NCA though these warranties are separate from plumbers responsibilities under sale of goods act and that he is still responsible for repair. When I was trying to get plumber out to check system he wouldn't accept there was a fault at all. He said he had been using same system for 6 years and none had ever been faulty. But now mine is he says it's nothing to do with him. eeNCA/sale of goods act states goods need to be 'reasonably durable' and that regardless of warranty supplier is responsible for goods sold for up to 6 years.

Some cars get 1 year warrenty, some 4-5-7

I can't see where's it is automaticaly for 6 years unless its stated in writing.

You have a 6 year liabilty insurance , but this is seperate from warranty.

I think !

Shane0007 should be able to provide the correct answer if he spots this post.

cookie1234 · 25-10-2013 09:45AM

"It is important to remember that a guarantee does not replace
or limit a customer’s rights. Customers are entitled to raise
a problem with you regarding a product for up to six years
from the date of purchase (five years from the discovery of a
problem in Scotland) regardless of the terms of any guarantee.
Customers are entitled to rely on the remedies available to
them under law (outlined in this guide) rather than their rights
under a guarantee, if they wish."

Above info is from NCA. The manufacturers warranty is an extra piece of protection for its duration but is separate from a consumer's rights under the sale of goods act.

As I bought the HRV unit from the plumber my contract is with him not the manufacturer, and as I understand he's is obliged to repair it. I should not be directed to the manufacturer.

Are tradesmen not aware of their legal obligations?

If you bought a German car with a 1 year manufacturer warranty and the gearbox falied after after 13 months would you think that was reasonable? And, if the garage where you bought it told you to take it back to the manufacturer in Germany for repair would you be happy?

How long should a HRV system reasonably last?

scudo2 · 25-10-2013 10:11AM

Your problem is with your plumber not me.

You already know your rights. As I said in first post. Plumber might not be in a position to help.
Or be the type who won't come back,
I don't know the circumstances
Bad form I know but its between you.

cookie1234 · 25-10-2013 10:40AM

Apologies. I didn't mean it to sound like I was attacking you personally.

I'm no expert in this area at all. The info I have been given came from the NCA but I was just interested in getting the opinion of some tradesmen who might have had had a similar experience and how they had dealt with it.

The next step according to the NCA, after sending the plumber a complaint letter, is to pursue through the small claims court. This seems very severe and would like as much practical info as possible before I go down that road.

Apologies again scudo2.

Outkast_IRE · 25-10-2013 08:59PM

To be honest if its a small claims court issue, then I would be tempted to just shell out and get the engineer out, find out what the problem is and how big or small of an issue your looking at , and get a report on the cause of the problem.

Having an official cause of the problem by an engineer will be needed anyway, to pursue the small claims court route successfully in my opinion

cookie1234 · 25-10-2013 09:24PM

I thought about just paying for the repair then trying to get the money back but am worried that going outside of the retailer and consumer contract that I might jeopardise the small claims process. Do you have any ideas on that?

Does it matter what the fault is? The system doesn't work and the plumber has said he can't fix it.

Dtp1979 · 26-10-2013 08:14AM

cookie1234 wrote: »

I thought about just paying for the repair then trying to get the money back but am worried that going outside of the retailer and consumer contract that I might jeopardise the small claims process. Do you have any ideas on that?

Does it matter what the fault is? The system doesn't work and the plumber has said he can't fix it.

Get the engineer out. Let them see if its installed correctly. If its installed incorrectly then its on the plumber to fix it

Faulty HRV Plumber won't take responsibility

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