No payment n certificate

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TomB1807

Long story but in a nutshell.....

Installed a boiler in 2009. Builder never paid. I told him until he paid, I wouldn't notify or give certificate. To this date, never had payment.

Home owner has just contacted me to say that she wants me to notify the boiler with gas safe because shes selling her house.

She also asked about building regs cert (which wasnt installers responsibility until recently).

I'm not happy to notify for 3 reasons 1. no payment (she knows that) 2. it was 5 years ago 3. another engineer has serviced the boiler once since installation.

Id appreciate any thoughts on this before replying to her.
Cheers
Tom
 
Id be telling her tough poop. Or for cash payment up front of money owed plus costs to inspect and notify.
 
Welcome to the forum

I would politely explain that you are not prepared to do anything further until you have been paid.

You clearly have no contract with her, only with the builder (which he has breached anyway by not paying you).

She can't have it both ways. If she thinks you have a responsibility to her, then she must have a responsibility to you.
 
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Ray Stafford said:
Welcome to the forum

I would politely explain that you are not prepared to do anything further until you have been paid.

You clearly have no contract with her, only with the builder (which he has breached anyway by not paying you).

She can't have it both ways. If she thinks you have a responsibility to her, then she must have a responsibility to you.
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EEEEEEEEEEExactly
 
did you fit it really decently, pity you could have IDed it and Riddored the installer :)
 
I'm with town on that one tell her to ring the builder or you can do it for the total owed plus interest lol
 
The builder hasn't got anything to do with it now though has he?
It sounds like its no skin off his nose if you don't sign it off and won't she be able to get it done by another plumber?
Tell her you can do it for a substantial fee, afew quid would do it? Its better than nothing.

Or....

Go in to service it and cause mayhem!
 
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You worked for the builder so she needs to speak to him. The boiler needed to be registered within 3 months.
 
I'd agree with what's been said above, though sadly even with no cert the worst that will happen is she will get a indemnity policy to cover the risk.
 
Offer to service it and remove it. She let u in you own it . Get her to sing. T&c of service
 
Ermintrude said:
Offer to service it and remove it. She let u in you own it . Get her to sing. T&c of service
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Not true. Once its permanently fixed to the fabric of the building or incorporated into a wider system, you can't legally re-possess it, and you could find yourself liable for damages if you take this line.
 
as a local sparky found out when he removed his consumer units and cut call the wiring flush to the wall, peels best men arrested him and charged him with theft and criminal damage.
 
Ray Stafford said:
Not true. Once its permanently fixed to the fabric of the building or incorporated into a wider system, you can't legally re-possess it, and you could find yourself liable for damages if you take this line.
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Really? Thought if you were able to remove without damage and you were allowed it and you could prove it was yours you could. Was working in a courts sherif / bailiff and he said it was called a laird? Wasn't paying a lot of attention tho.
 
Ermintrude said:
Really? Thought if you were able to remove without damage and you were allowed it and you could prove it was yours you could. Was working in a courts sherif / bailiff and he said it was called a laird? Wasn't paying a lot of attention tho.
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You might be able to if you are a court appointed collector with a court order. But not as joe public.
 
You can legally retain possession but you can't remove without permission, which realistically you won't get. This is all according to trading standards advice I was given for contract.
 
He was babbling on about retailers and say if you owed me money I could as joe public stroll into your shop and tell you I was serving a laird on you and remove goods to the value of, not had a chance to try as I tend to owe retailers!

Couldn't find anything on gongle
 
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Ermintrude said:
He was babbling on about retailers and say if you owed me money I could as joe public stroll into your shop and tell you I was serving a laird on you and remove goods to the value of, not had a chance to try as I tend to owe retailers!
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If you can prove that you supplied the goods, and you have a romalpa (retention of title) clause in your ts and cs, and you can access the goods without causing damage, then you can take them. Possession is 9 tenths of the law. But not if you have to unfix them or separate them from another wider system.
 
Tell her the boiler has not been commissioned. And ask why it is in operation. The commissioning engineer should notify.
 
Tell her you need to come and inspect the boiler before you can sign it off then just cap the gas and drain down tell her you'll need full payment before you can recommission the system
 
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