Problem plumber

Discussion in 'Plumbers' Talk' started by zak99, Apr 5, 2016.

  1. zak99

    zak99 Member

    Hi,

    Please can you offer some advise on my best way forward. Had a Main brand gas Boiler installed recently by a plumber we have used on and off over the years. He clearly led us to believe he was GasSafe and Main approved. As he was known to us we trusted him and paid when the job was 90% complete, it was working but not tidied up, with the promise it would be complete in the morning. A month and a half later and dozens of failed promised visits, many many phone calls and texts to chase up. He eventually completed the job as far as I know.

    We still have no GasSafe cert or Basic or Extended Warranty. I have been patient and polite throughout. He clearly has no intention of providing them even though he has several times said he is out of order and will provide a refund.

    Whats my best way forward please?
     
  2. Glad its Friday

    Glad its Friday Active Member

    First thing to do is establish if he is GSR or not. You can put his details into the GS register and (hopefully) he will be there. If so threaten him with going to GS and he will surely sort things out.

    If he isn't then he has done illegal gas work and you are potentially up the creek.

    But first things first. Is he GS or not. If not, DA will be along soon and advise you as he is our resident expert on these matters.

    Fingers crossed for you.
     
  3. zak99

    zak99 Member

    Thanks "Glad its FRiday" (great name !). I think I need a licence number to check an engineer in the GasSafe website. I only have his name and registered address.
     
  4. KIAB

    KIAB Super Member

    zak99 likes this.
  5. Glad its Friday

    Glad its Friday Active Member

    Just search for Engineers at his registered address or post code....he should be top of the list.
     
    zak99 likes this.
  6. Dave does Gas

    Dave does Gas Screwfix Select

    Your not up the creek by any means, advise this guy that if he has not completed the job to your satisfaction within (give him a tight time scale), then you will be making a formal complaint to gas safe.
    Whilst they can only deal with gas related problems you will get a visit from an inspector to check the standard of his work. He will be invited to attend the inspection where you can address any shortcommings.If he is gas safe then they will be given a period of time to rectify any faults and if its serious made to take compulsary re training.
    If hes not gas safe he will be prosecuted by the HSE for claiming to be a registered engineer, and that has resulted in some people going to prison.
    You will need those certificates in the future so dont be soft on this guy, and please letb us know how you get on.
     
    zak99 likes this.
  7. As Dave says.

    If he is GasSafe, then threaten to report him. If he isn't, then threaten to report him...

    As Dave says, give him a fixed amount of time - between 1 and 2 weeks I think is reasonable - but make it "...by this date...". Do this in writing, and send it recorded delivery. Tell him you will report the matter to GasSafe if it isn't resolved by that date.

    If he is GS, then he should drop everything and resolve the issue pdq.

    If he isn't, then he's gonna have to quickly find a GS colleague who is also 'Mains' approved (if that's need for an extended g'tee) and who will fully check the installation & commissioning (make sure he does) and provide the certs you require in his name, and not the original cowboy's - or else he'll be mightily stuffed by GS.

    Whether the guy is someone you partially 'know' or not is irrelevant - he knows he is completely out of order here, and you are only doing the 'right thing'.

    Don't feel 'bad' about this for a nano-second. There is only one way to sort this.

    When he turns up, don't let him off if he's being tetchy or grumpy - just look him in his shifty, beady eyes and ask him "What did you expect me to do - accept a non-certified gas installation?"

    Then make him a cuppa...

    Keep us posted :)
     
    Last edited by a moderator: Apr 6, 2016
    KIAB likes this.
  8. zak99

    zak99 Member

    Thanks guys, really appreciated. Update as follows

    He is NOT GasSafe
    He is of course NOT MAIN/BAXI installer or "works" as they call it.

    So worse than I thought, my warranty is void.

    I'm in a tricky position now as its my old flat and now a rental property with Tenants in. Clearly as a Landlord I am breaking the law.

    GasSafe want me to make a complaint online which I will do and they may send a HSE to inpsect.

    MAIN recommend that I get a fully MAIN approved "Works" installer to visit and recommission and fill out the BenchMark Logbook. Without that my warranty is Void or at least limited.

    I see small claim court process rearing its head here as I am going to be out of pocket a fair bit. To do that I need to send him a letter and give time to remedy as some of you kindly suggest. I feel he has had his time, I text him two weeks ago politely outlining what was outstanding and that if he did not comply by last weekend I would pursue via GasSafe and MAin and the courts, costs to remedy. He replied saying he would post all that day and also offered a full refund !!! As usual it was just lip service, nothing came.

    Legally though I need a GasSafe now.
     
  9. KIAB

    KIAB Super Member

    Do NOT rely on a text, you need to send him a letter by recorded delivery.

    Our Mr DA,will be along to give expert small claims court advice.:)

    P:S: I wonder how many other boilers he fitted & peeps that have worthless warrentys.
     
    zak99 likes this.
  10. zak99

    zak99 Member

    This is what I text him 21st March. Stlll nothing.

    "I've been more than reasonable and patient. Unless you are going to provide everything before Thursday evening this week it seems my only option is to take legal proceedings to recover my costs for time wasted, inconvenience, stress, gas cert, no warranty and legal costs. I will also arrange for an approved Main installer to provide a report and will look to recover that cost along with cost of any recommendations. I will also pursue a significant refund. Shame."
     
  11. zak99

    zak99 Member

    Another problem I face with him coming back to remedy is that I am over an hour away from the flat. If he offered to turn up with a Main Approved "works" installer to remedy I need to travel there and based on passed experience I will have many wasted journeys and time and loss of my own income. - A nightmare.

    Very grateful for the help and encouragement.
     
  12. Jeepers :(.

    My first thoughts were to put the threat of GasSafe on the guy so that he'd sort out a proper GS /Main colleague for you and you'd be fine.

    But, y'know what? All that would do is allow the guy to continue as before. Not only is it illegal, but the guy has shown himself to be thoroughly unreliable. (His practical work might be fine, but you'd think that any guy clearly working outside the law would take great care to sort things out! This guy is reckless and doesn't give a damn - he's 'aving a laugh... :( )

    You have receipts for your payments to him - something you can use to prove he has been paid? You'll need this later when you make your claim.

    REALLY there is only one correct thing to do here - you report him to GS. You will feel a bit torn by doing this, but - bludy hell - the guy knows what he's doing and knows it's legally and morally wrong. And has had more than enough opportunity to sort it. He's an arris and needs to be stopped. Only one thing will make him do that.

    Once you get your Main cove to check and commission your system (as recommended by GS), you pay and then use MoneyClaim.gov or your local county court to set your claim in process against the original guy.

    And you'll win - no question.

    You do NOT have to give this chancer a chance to put it right as he is not qualified to do so.

    (Normally there's an expectation that you allow a tradespeep to sort out any problems he's left, but there are circumstances when you can show that the guy is sooo careless and incompetent that you can reasonable say 'eh ain't up to the job' where you can go straight to getting someone else to sort it and then sue. In this case the guy CANNOT sort this problem as he isn't qualified and is breaking the law. It's as open and shut as they come.)

    Hellish situation for you, but you know what you need to do :(.

    Don't entertain any other negotiation with this chancer - he needs stopping.
     
    KIAB likes this.
  13. Yep - forget all further contact with the guy. As per my post above.
     
    KIAB likes this.
  14. zak99

    zak99 Member

    DA, thank you, that all makes perfect sense.
     
  15. Cool.

    It is the right thing to do.

    It is literally criminal. And potentially very unsafe.

    And the guy knows this.
     
  16. zak99

    zak99 Member

    My only concern is if there were any repercussions from him. He of course knows where we live and clearly doesn't care about people. The justice part of me knows that he should be reported to GasSafe but that's not without risk.

    On a positive note the MAIN rep has been very helpful and I have what I think is a good MAIN trained plumber lined up to recommission.
     
  17. Glad its Friday

    Glad its Friday Active Member

    Sorry to read all this zak - in my world it does feel like you are at least part way up the creek. Lots of additional expense and travelling to sort out this issue. (Dave Does Gas is obviously made of sterner stuff than me!).

    Don't get your hopes raised too high by our legal system either and any compensation coming your way will be a long time coming (unless the original guy pays up). Any prosecution by the HSE will take a minimum of 6 to 9 months and possibly well over a year. Your compensation claim will follow that and him getting convicted may or may not help you. If he has been naughty before he could end up by being sent down, what chance your compensation then? He'll probably get a fine and then not be able to pay you because he has no money....And when you do win and he doesn't pay what then - back to court, he has moved addresses and yet more expense for you. Don't believe all these programmes you see on TV, there are thousands out there that simply just ignore CCJ's.

    Don't mean to be negative and I hope it all works out better than the scenario I've written. One word of caution, as a Landlord you also had a duty of care to ensure he was GSR. The obvious way to do this is by checking the GSR (which you didn't) so in any statements you make, ensure you say that he indicated that he was qualified to install your boiler (which he did).

    Hope it works out, let us know.
     
  18. zak99

    zak99 Member

    This is interesting - I spoke with the tenant today to get the boiler serial number for a replacement logbook. She confirmed that both times the plumber went there, he was completely on his own. The really interesting bit is that apparently he called her early this week to say he would drop off some paperwork for the boiler. He never showed up.

    That might be encouraging if he was actually GasSafe. Not sure what paperwork he meant but IF he supplies a GasSafe cert signed by a GasSafe engineer that would be two people breaking the law.
     
  19. Glad its Friday

    Glad its Friday Active Member

    Then it is puzzling why he doesn't drop off the paperwork. You could ask your tenant to call and ask him for it although I quite understand if you don't want to get her involved. If you are concerned about his attitude and any possible repercussions just say you spoke to GS and they have taken over from there. But I doubt you have anything to worry about (at least I hope not).
     
  20. I'd be more concerned if he did now drop off 'paperwork'. What validity would that paperwork have?!

    If, perish the thought, something catastrophic were to happen with this boiler and Zak's tenants came to harm, would Zak be liable?

    Yes.

    But what if he now had 'genuine Benchmarking Certs' issued by this guy?

    Sorry, still liable...

    Why? 'Cos Zak now knows that this guy is dodgy, is not GS, and that no other GS plumber has been to check and certify that all is well. Ie - the certs are worthless. He is not covered.

    Unlikely scenario, I hope - but just be clear where you stand here :oops:.


    Zak, you NEED to get a GS cove to check the boiler asap. Make it a 'Main' one to get all the warranty you may be entitled to.

    What you then decide to do is entirely up to you.

    Hmm, what are your options? (a) Give the plumber 3 days to refund the full amount or you WILL report him (that's called 'blackmail' by the way...). (b) Report the guy because he ain't gonna learn any other way - and you'll be doing your moral duty. (c) Call it quits. Pay for the new plumber and walk away out of pocket and knowing you've witnessed a crime that is very likely to repeat itself. (d) Something else I cannot think of...
     

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