Contractor’s cock-up left older woman ‘shortchanged’ – The Crusader
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The engineer who visited lone older woman Elizabeth Lloyd to fit a new broadband connection was certainly no dodgy cowboy but, although perfectly legitimate, he did leave a trail of damage that disrupted her life for weeks.
She is a customer of BT’s Plusnet and he and a colleague were installing a new socket, working on behalf of Openreach, the operator in charge of running the nation’s broadband network.
++ If you’ve been affected by this issue or feel you’ve been a victim of injustice, please contact consumer champion Maisha Frost on [email protected]
“One man went off to inspect the outside connections, I went into the kitchen to make them tea and the other man drilled into the wall by a radiator in my sitting room and straight into a copper pipe, not checking anything with me,” Elizabeth told Crusader.
“The water spurted out, he asked me to turn it off at the stopcock, but the pipe came from the central heating system and kept pouring out.
“I had to keep my finger in the hole in the wall while he did something to the boiler. It carried on like that for all the afternoon. The carpet and underlay were soaked and I had a pile of rubble in my sitting room.
“An emergency plumber came out later but I was constantly mopping up, then left without water for seven hours and no hot water for 24. I was meant to go away for a few days but had to delay that as I was still waiting for the sitting room to dry out.”
One surveyor due to see about the repair was no longer available so another appointment had to be made.
“The inconvenience goes on,” said Elizabeth who, while she was assured the physical damage would be dealt with, was most upset to be offered a £50 goodwill gesture for the inconvenience.
“I feel short-changed. This is so poor compared to the disruption I’ve had,” she explained.
Crusader asked Openreach if the offer could be improved and after its response Elizabeth is not hopeful.
It said: “We appreciate the stress and inconvenience this has caused. We’ve arranged a meeting to discuss the repairs and all the necessary work will be carried out as soon as possible. We’ve also offered an additional payment as a gesture of goodwill.”
And Elizabeth warns: “Always keep an eye on workmen and don’t worry about being intrusive. Point out potential risky spots, it’s always better to be safe than sorry like I am now.”
Claims for disruption – legal expert weighs your chances
Consumers are not on the strongest ground when it comes to claims for disruption and quantifying that. Although it is always worth giving a fair estimate to companies of the “invisible” cost.
If going to court is the remaining option, then the cost of that is often prohibitive.
Solicitor Joanne Lezemore of www.consumer-genie.co.uk, an expert in consumer and employment law and civil disputes, explains: “All work undertaken by service providers must be carried out with reasonable care and skill.
“If it is not, then a claim can be made for the cost of any remedial works to be undertaken and the cost of replacing any damaged items.
“A claim for distress and inconvenience in relation to a service may be successful if there has been a breach of contract and the distress and inconvenience suffered is a direct result of the breach of contract and foreseeable.
“In any matters relating to property, a claim for loss of amenity may also be successful i.e. in this case, the loss of the room where the damage occurred.”
But she points out: “The amount of damages for inconvenience or suffering is usually modest, however. Each case turns on its facts, and a court would take into account, for example, how long the resident was left without water.
“The amount of damages for loss of amenity could be calculated, say if the house was rented, as a percentage of the rent for the period that the loss occurred and depending on how serious the damage was.
“In any claim for a breach of contract, the claimant should take as much photo or video evidence as possible, and keep a written record of what happened, what and when steps were taken to put it right, and the consequences to that person during that time.”
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