Help/advice on a legal matter

[Gazza's Fat Mate]

1. I am getting a second (and third) opinion. Plus full estimates on costs to replace and relocate the boiler (there are a couple of other problems that need to be fixed as well).
2. I'm using the boiler at risk until such time as I understand my legal rights.
3. Done that. Data Protection Act. Cunts. I'm pretty convinced the previous owner was aware of the problem and failed to disclose it knowing we would pull out or significantly reduce our offer.

I know I need to get it fixed. I just don't have a spare 3 grand lying about right now. Catch 22.

I don't know how to help but I can say one thing BG are wrong with regard the data protection act. In accordance with section 35 of the data protection act information holders are allowed to reasle information where the same is required for the issue of legal proceddings or the investigation of the same.

[Phil_S]

Several points as a mortgage broker (I am not a legal expert but I deal with them).
What type of valuation did you have done when you bought the house. There are three types ranging from the mortgage valuation done for the lender to ensure that the property exists & is worth the money. The other two (Home buyers & full structural) go into things more fully & give you some recourse in situations such as this.
Second point is that I would be having a go at the Estate Agents &/or who ever provided the home information pack. I don't know the full legal ins & outs but I do know that estate agents can't mis represent.
Third, I don't think it matters whether the guy is lying or not. If BG did service it, & pass it when faulty its between them & the guy who sold the house to you. The fact is that he sold you the house, & he and his agent misrepresented the state of the boiler. He may have recourse to BG but I doubt you have.
On the point of solicitors, my experience is that they are generally pretty useless & need to be pushed to do anything other than send their bill. I do know that they tend to specialise & that you will need one that deals with this sort of thing regularly.
Fourth.  On the above, your solicitor should have asked questions about the property as part of the pre contract stuff. Whilst he is entitled to rely on the HIP, as being true, he may be worried about opening himself up to litigation.
Finally I would have thought that the HIP is damning evidence, that along with an independent report on the Boiler would I believe seal it in your favour.

[pumbaa]

Thanks to all who have replied with advice (especially Phil, GFM and NMH, all very helpful).

So, progress. I called British Gas again. Once again they refused to give my any information. Data Protection Act. Despite me throwing the Freedom of Information Act, Duty of Care and Health & Safety, they still wouldn't budge. So I gave up. And called CORGI. And had a very interesting conversation that informed me that the boiler had not been serviced since they started keeping formal records in April 2005. And they are prepared to provide that information (or lack of) in writing should I need it.

So, that leads me to conclude that the previous owner did lie on the HIPS data provided to me through his solicitor. Not only that, I have evidence (in the lack of data registered with CORGI) that he did lie. Ergo I'm going to screw the cunt into the ground.

Still waiting to hear from my solicitor, but if I don't hear from the one who handled my move today, I'm booking an appointment at a local office who do a free initial consultation first thing in the morning.

[Samdy Gray]

Coxy, my brief who handled the purchase of my house has just set up his own (partnered) firm in Bristol. He's shit hot on conveyancing and property law, I can give you his details if you want? His rates are pretty reasonable and he's a very genuine bloke.

[pumbaa]

Please Sam, much appreciated.

[Samdy Gray]

Coolio, I'll find his card when I get home and PM you with his details.

[herthab]

Thanks to all who have replied with advice (especially Phil, GFM and NMH, all very helpful).

Don't ask me for advice again.

Ungrateful cunt.

[pumbaa]

Don't ask me for advice again.

Ungrateful cunt.

Well frankly it wasn't very fucking helpful. You bald cunt.

[Nomoreheroes]

Thanks to all who have replied with advice (especially Phil, GFM and NMH, all very helpful).

How come you're allowed to post NMH and I'm not?

NMH

[flammableBen]

Oh don't start doing it again.

[donkey]

Oh don't start doing it again.

Can I?

Cheers

Donkey

[Bushey Boy]

Missed this but hang on a second, the need to replace the flue on a new boiler changed about 18 months ago.  I am only thinking this as around that time we installed around 8 new boilers, 4 pre april 2007 and 4 after (again this is a sunday morning memory) and the 4 before used existing and 4 after didnt

If you wnat to send me your detaisl I will get my corgi guy to call you and explain teh laws etc and can offer advise.  Also if you need a hand with legals my solicitor deals in proeprty and doesnt charge me if I can help shout

[pumbaa]

Missed this but hang on a second, the need to replace the flue on a new boiler changed about 18 months ago.  I am only thinking this as around that time we installed around 8 new boilers, 4 pre april 2007 and 4 after (again this is a sunday morning memory) and the 4 before used existing and 4 after didnt

If you wnat to send me your detaisl I will get my corgi guy to call you and explain teh laws etc and can offer advise.  Also if you need a hand with legals my solicitor deals in proeprty and doesnt charge me if I can help shout

Thanks Ash. I'm going to make some phone calls tomorrow. The solicitors acting for my move are setting up a litigator to talk to me (hopefully tomorrow) and I have other irons in the fire.

With regards to the boiler itself, just to note it was installed more than 10 years ago. When exactly I don't know, but the engineer who serviced it said boilers of that type ceased being manufactured > 10 years ago. An assumption I know, but nonetheless. The reference to 2002 was something to do with when the law changed regarding venting flues of boilers. The point here is that my flue uses the old forced air heating system flue, and is physically blocked on exit from the roof. Regardless of when laws were introduced, that's illegal.

The bottom line here is that after speaking direct with Corgi last week, I know that the previous owner LIED on the HIPS documentation regarding the Boiler being serviced within the last 12 months. He verbally claims it was serviced by a British Gas Engineer under a service agreement. In that case, why have Corgi got no records of any work by a registered engineer since April 2005? (All British Gas engineers are Corgi registered btw). That, IMO, is a clear case of misrepresentation, and I need to what what redress, if any, I have now.

I'll PM you my contact details.

[Bushey Boy]

Ive forwarded detaisl to corgi man to call you, if its 2002 I am getting old

[pumbaa]

We've spoken. That man knows his shizzle. Thanks for the contact BB, much appreciated and he gave me some useful advice.