Legal Advice

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spynage

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I have a client who says an RCBO failed in a consumer unit I fitted. They want compensation for the repairs undertaken by another electrician. They never called me first to allow me to rectify the problem.

What rights do they have to compensation does anybody know? I would of happily undertaken the repair myself had they asked.

Thanks
 
Fair notification should have been given to you of the fault (if any) and an opportunity given for you to rectify the problem. Ask for more details surrounding the work undertaken and the for the faulty RCBO to be returned to you so that you can test and inspect it for the alleged faults. I very much doubt they would have any recourse for compensation due to the actions they have taken.

Please note, I'm not a solicitor or legal expert :)
 
No! Just a regular client. Just got a bill from them for the repairs. Contacted my insurer that said they don't cover faulty work! Wow that was news to me. Why am I insured then? Apparently they cover faulty goods though which is fortunate. The client is blaming me however. I think the RCBO failed. They said it didn't even trip?!? Sounds like the RCBO WAS faulty. I suppose I'll direct them to my insurer and see what they say.
 
spynage said:
No! Just a regular client. Just got a bill from them for the repairs. Contacted my insurer that said they don't cover faulty work! Wow that was news to me. Why am I insured then? Apparently they cover faulty goods though which is fortunate. The client is blaming me however. I think the RCBO failed. They said it didn't even trip?!? Sounds like the RCBO WAS faulty. I suppose I'll direct them to my insurer and see what they say.
Click to expand...

Like I said I'd want proof of the RCBO being at fault, an explanation as to why you was not given an opportunity to rectify the problem, and the circumstances surrounding the occurrence of the fault before anything else happened, let alone calling insurers.

How much is the bill for ?
 
face them out on this. they should have reported the fault to you. even if they return the RCBO to you, how will you know it's the same one? they had a choice. either get you back to fix for free ( if it was indeed faulty) or pay someone else. as they took the latter option, they have no come back on you. sod 'em.
 
Are you a member of a scheme? if you are I would seek their advice.

Other wise I would wait for the "customer" to contact you in writing and then respond to the points they raise in writing.

Let them make the first move, but make sure its in writing.

How long ago was the RCBO fitted? and what make? and do you have your copy of the certificate to hand?
 
spynage said:
£450
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Someone is taking the proverbial aren't they? you installed the RCBO so you will have proof that it was OK not your fault if it failed, how long after the install until the incident? they should have given you the chance to rectify the fault, I'm not a solicitor or a legal eagle just using plain common sense.
 
They sent a copy of the invoice from aspect.co.uk. Says on there faulty RCBO replaced. Doesn't say why it failed. Bit strange really. I mean it could of been loose conductors in the terminals I suppose. Still. Odd that it didn't trip. He put that in writing. RCBO did not trip, which it should have if power was lost? It was the ring circuit for the kitchen. I think they should have called me. I would have come out immediately. It was a few months ago as well. Don't know why they left it so long to pursue the claim.
 
as both me and pete said. sod 'em. and take note of murdoch's advice. NIL ILLEGITEMAE CARBORUNDUM ( in other words don't let them have your pants down).
 
your warranty should only be 12 months, anyway. also, you don't know if they have been subjecting it to overload and repeated tripping thus causing it to fail. email them a picture of a push bike. tell them to get on it.
 
So... you installed a RCBO 18 months ago, then they called in a 3rd party to identify and fix an issue, then they passed the £450 invoice to you?

I would politely suggest:

A. The part was out of warranty

B. Why didn't they call you to investigate?

C. Decline to pay the invoice as you weren't given the opportunity to fix it they took responsibility to call in a 3rd party

Then site back....

And really £450 to replace a RCBO - was it gold plated?
 
£450?????? should not have been over £100 tops. someone is taking the pi$$. tell them to do one.
 
spynage said:
They sent a copy of the invoice from aspect.co.uk. Says on there faulty RCBO replaced. Doesn't say why it failed. Bit strange really. I mean it could of been loose conductors in the terminals I suppose. Still. Odd that it didn't trip. He put that in writing. RCBO did not trip, which it should have if power was lost? It was the ring circuit for the kitchen. I think they should have called me. I would have come out immediately. It was a few months ago as well. Don't know why they left it so long to pursue the claim.
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450 scrots for changing an RCBO Aspect is that one of those do all outfits?
 
I'd direct them to your complaints procedure. And as part of that you can remind them of your terms of trade.
Which should include your warranty period and the procedure should they have any issues.
 
Thanks for all your advice! As for complaints procedures, mine is to fly round and fix whatever the problem is! I would have if they'd called me!
Backs up against the wall at the moment as I'm not working due to sick relative. Really could do without some small claims, stress hassle etc. Think I'll point them in the direction of my insurance company and see if they twist it into a faulty equipment problem! Perhaps the insurance company will ask them if they consulted me first at which point they'll have to admit they didn't.

Hopefully they will go away..
 
Heat damaged suggest loose connection, also it took the best part of a week to return with the correct RCBO??
 
spynage said:
Thanks for all your advice! As for complaints procedures, mine is to fly round and fix whatever the problem is! I would have if they'd called me!
Backs up against the wall at the moment as I'm not working due to sick relative. Really could do without some small claims, stress hassle etc. Think I'll point them in the direction of my insurance company and see if they twist it into a faulty equipment problem! Perhaps the insurance company will ask them if they consulted me first at which point they'll have to admit they didn't.

Hopefully they will go away..
Click to expand...

I don't run my own business but I don't believe you have done anything wrong. I wouldn't refer this to your insurers. I would imagine if your customer decided to take this to court they wouldn't have a leg to stand on.
 
Again, not an expert in consumer law but I'd write back to them and ask for more details of the fault. If there was a faulty RCBO wouldn't there be some sort of manufacturers warranty? What was the location of the heat damaged conductor? 18 months down the line a whole multitude of things may have gone on. Have these guys charged extra time as a result of them ordering the wrong part. Would a MWC be issued for a repair?
 
I don't understand how the fee comes to £450. The invoice above shows two site visits, one for call out, one to fit the correct RCBO?

The customer, should of been aware of the fees charged by this company, opposed the fees you would of charged. As been asked several times OP, why didn't your customer contact you to rectify the fault?

Faced with a bill of £450, it is not unreasonable not to expect your customer to recover the costs from you, as the invoice 'suggesting' bad workmanship, and in any case you installed the now faulty product. The Consumers Rights Act 2015 allows a period of 6 years to take a claim to the small claims court for faulty goods in England. Doesn't mean the goods to last 6 years. Some manufactures (MK) offer 10 year warranties on their products, not sure what Wylex do?

It seems this company has questionable business practises, but the fees are there to see, so it shouldn't have come as a shock to your customer. Personally, I would obtain some legal advise, either with CAB or an initial consultation with a solicitor, to understand your position.

Edit 'suggest to suggesting'.
 
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Sorry to hiss on you're parade but I think you are up sheet creek without a paddle. The invoice suggests the conductor was not tight. The customer will maintain you were the last man in, ergo you're at fault. That said quantum should be at issue. Even crappy Wylex RCBO's can't be more than £30 trade and as you'd Fit it FOC then the claims not worth much at all. £400+ they're taking the Michael!
 
spynage said:
I have a client who says an RCBO failed in a consumer unit I fitted. They want compensation for the repairs undertaken by another electrician. They never called me first to allow me to rectify the problem.

What rights do they have to compensation does anybody know? I would of happily undertaken the repair myself had they asked.

Thanks
Click to expand...
how do they no it is faulty ?on what situation do they think it should of tripped.Was work being undertaken by others and when they tested the rcbo it failed to trip in permitted time/or test button failed (we have it sometimes with a major brand ) and they replaced it.If that was the case the fairest you can be is you replace it or get it back so you can get refund and refund the cost of it back to your customer.As long as it was fitted to M.I.how can you be legilly resposable if installed correctly.
 
spynage said:
Also it was a good 18months after installation. Which does point more to equipment failure.
Click to expand...
was a RCD test sticker put on the consumer unit ? Did you tell them to test quarterly? ask them when they last pushed the test button (blank look)this is why it has to be done to stop contacts sticking.
 
richy3333 said:
Sorry to hiss on you're parade but I think you are up sheet creek without a paddle. The invoice suggests the conductor was not tight. The customer will maintain you were the last man in, ergo you're at fault. That said quantum should be at issue. Even crappy Wylex RCBO's can't be more than £30 trade and as you'd Fit it FOC then the claims not worth much at all. £400+ they're taking the Michael!
Click to expand...
Yes I just read this on the invoice loose connection,however they should of called you first and given you a reasonably amount of time to respond.
 
My advice is to send them a polite letter saying that the equipment was unfortunately out of the manufacturers guarantee, due to the fact that you were not given the opportunity to inspect and rectify the problem you are unable to contribute to the labour costs.

Due to these facts you believe you are are not liable for refunding any costs they may have incurred which appear excessive in the circumstances given the rectification work they advise was completed.

Any lawyer will advise the same as the above and you may as well save yourself any unnecessary expense, if they come back to you then suggest that they seek legal advice and that you are prepared to defend your position in any small claims court if required.
 
rolyberkin said:
My advice is to send them a polite letter saying that the equipment was unfortunately out of the manufacturers guarantee, due to the fact that you were not given the opportunity to inspect and rectify the problem you are unable to contribute to the labour costs.

Due to these facts you believe you are are not liable for refunding any costs they may have incurred which appear excessive in the circumstances given the rectification work they advise was completed.

Any lawyer will advise the same as the above and you may as well save yourself any unnecessary expense, if they come back to you then suggest that they seek legal advice and that you are prepared to defend your position in any small claims court if required.
Click to expand...
think that post is nail on head.
 
ask them can you see any pictures of the faulty rcbo before &after work was carried out
if I was doing a fault like that I would take a picture ! why did he pick up the wrong part
did he know what he was doing .when you find a faulty rcbo or mcb you will take note what
model number it is .
 

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