how can I stop debt collector chasing me?

[bazaarboy]

so I had boreholes drilled in the garden for a ground source heat pump. One of the holes had very poor flow - the heating company said there must be a blockage.
get the drilling company back to investigate, they spent 2-3 days testing, flushing, rodding - eventually the borehole was fine and the flow was ok. during this period, I personally noted that, during the rodding and pumping silt and muddy water was expelled from the hole.

the drilling company said there was undiluted antifreeze in that hole, which is very dense and it acted like a hydrodynamic blockage.

the heating company denied this, and pointed out that all the rubbish that came out the hole was probably clumps of dirt, the real cause of the blockage. the drilling company said that was from their pump, not the hole.

Now, the drilling company want to be paid £900 for 'fixing the blockage' and are pursuing me. The heating company are not in the least interested, they say the blame is 100% with the drilling company.

The drillers are using debt collectors to pursue this invoice.
I explained to the debt collectors that this is a disputed amount - I am challenging the fact there is even a debt and asked them to stop contact me. I suggested to the drilling company we either negotiate a smaller settlement or they can take me to small claims court and let the judge decide.

I'm sort of piggy in the middle here. I paid for a set of functional boreholes and a heat pump. as far as I'm concerned what happened was a typical snag, these things happen. The drilling company got paid £24k as part of their overall work, and the heating company about the same.
My view is they should grow up and sort it out amongst themselves - but legally where do I stand?
and how do I stop the bloomin debt collectors chasing me?

by the way, here is what I said to the debt collectors a few weeks ago:

...
Your invoiced amount is a disputed cost, even if you don't agree with this. The Consumer Rights Act of 2015 is clear in this case, the quality of workmanship of services is reasonably brought into question. I am therefore exercising my right to challenge the pursued amount.

I have no ill feeling towards (drilling company). However, i am not prepared to spend any further money for any work done on my heating system unless instructed by a judge.

...

You are, of course, welcome to pursue what you regard as your losses from me ... You'd need to go through a small claims Court procedure.

 

[daelo]

Perhaps get some free legal advice, how long after the installation was the fault reported?

Sounds like a really nice company to pursue a individual rather than a company over an issue which you surely had no possible way of creating?

 

[bazaarboy]

They're pursuing me because they wouldn't come out to investigate unless I agreed to cover their costs, if the turns out the problem was not their fault.
I think it's normal practice between contractors, but the point here is that it's unclear what the problem was.
Put simply there is no way of proving who was to blame. If the drillers took a sample of the fluid and used a refractometer (which they use for their work anyway) and demonstrated that it was too dense, then to me that is producing evidence and I can accept their position.
On the other hand I did witness lots of rubbish coming out the hole, so I'm inclined to think the blockage was clumps of dirt (which the drilling company were responsible for keeping clear).

 

[Burned_Alive]

I think realistically if there is no way of proving who was to blame and you've agreed to cover their costs for the investigation, then you should do yourself a favour and pay up as soon as possible. I appreciate why you don't feel you should but objectively I don't think there's another way forward here.

 

[mattyg]

Pay up and then take the other company to court.

They'll not turn up and then you can escalate it and get paid back.

But before you pay make sure you get it in writing that the drilling company are blaming the other company. It'll go towards your evidence

 

[bazaarboy]

I think realistically if there is no way of proving who was to blame and you've agreed to cover their costs for the investigation, then you should do yourself a favour and pay up as soon as possible. I appreciate why you don't feel you should but objectively I don't think there's another way forward here.

I would agree, except that wasn't the deal. They're entitled to be paid if they can show (even attempt to show, try at least to provide some evidence) the problem wasn't their fault.
If they caused the problem in the first place (which seems to be the case), then how can they be right?

Pay up and then take the other company to court.

They'll not turn up and then you can escalate it and get paid back.

But before you pay make sure you get it in writing that the drilling company are blaming the other company. It'll go towards your evidence

It then becomes my problem to pursue the other company, who are in all probability are not at fault.
I've offered to mediate but they're not interested.

 

[Burned_Alive]

I would agree, except that wasn't the deal. They're entitled to be paid if they can show (even attempt to show, try at least to provide some evidence) the problem wasn't their fault.
If they caused the problem in the first place (which seems to be the case), then how can they be right?

Do you have that in writing? or anything?

I don't believe that they're necessarily right, but you still might have to pay them for the investigation work and claim back.

 

[bazaarboy]

Do you have that in writing? or anything?

I don't believe that they're necessarily right, but you still might have to pay them for the investigation work and claim back.

yes, through our email exchanges they acknowledge that the agreement was they could only expect to be paid if the problem was not their fault.
The drilling company were sure they would find a piece of copper pipe cutoff or a swirl of solder - making it clear that the heating company were to blame.

The other feature that counts against the drilling company is that the flow through the pipework was fine if you use a petrol-power pump. By if you connect the heat pumps with a fairly low power circulating pump, that's when the poor flow is seen through one of the boreholes.
The heating company are arguing that the blockage was there from the start, before they connected the heat pumps - it was simply not apparent during testing.

 

[Burned_Alive]

Sadly, I guess you'll just have to take it to court and see what the judge says.

 

[bazaarboy]

Sadly, I guess you'll just have to take it to court and see what the judge says.

well if they wish to take this to Court, they are entirely free to pursue it like that.
I just want the debt collectors to stop harassing me! lol

 

[Maccapacca]

Why didn't you get one firm to do the lot? Why split it?

 

[bazaarboy]

Why didn't you get one firm to do the lot? Why split it?

heating firms don't drill holes in the ground - we chose geothermal boreholes because we didn't want the whole garden dug up for a horizontal system, as the collector pipe needed to be 1200m long

 

[ZG002]

It's all a little messy.

Who contracted the drilling company?

 

[bazaarboy]

It's all a little messy.

Who contracted the drilling company?

I did, the heating company wanted me to use their services and have a horizontal collection system but I preferred to use a borehole system.

 

[ZG002]

That makes sense, I'd seek legal advice on the matter if possible.

Never actually worked on any system other than bore hole. (Electrical)

 

[Burned_Alive]

https://www.consumerfinance.gov/ask...lector-still-try-to-collect-debt-from-me.html

 

[bazaarboy]

https://www.consumerfinance.gov/ask...lector-still-try-to-collect-debt-from-me.html

handy, thank you
edit: seems to be an American website

 

[jimjamuk]

I would pay the drilling company on the proviso they supply a letter with their findings and where the cause of the problem was.

Take letter and present it to the heating company and request they repay you. When they don't - take them to court. If they produce evidence it wasn't them and they win - take the evidence and present it to the drilling company. Its one of their faults and not yours so someone is going to be paying for it even if you have to take it through to the end.

 

[Swifty55]

I wouldn't pay a penny. Collect all evidence and take it to court.

Why should OP be £900 down when it's clearly not his fault?

 

[spoffle]

I wouldn't pay a penny. Collect all evidence and take it to court.

Why should OP be £900 down when it's clearly not his fault?

I've read this whole thread in disbelief at how many people are saying to pay up and take legal action. Why should the OP was their time and money on a problem that isn't their cause or fault?