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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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My son and his wife were persuaded to have self financing solar

Customer Question

My son and his wife were persuaded to have self financing solar panels , where £500 is put into your account and when you supply your quarterly reading to British gas that amount goes towards your solar panel payment and the outstanding amount comes out of the £500. The energy company gave calculations about how much the energy would make , £1200 yearly , British gas say it can only make half . It now turns out that without my son signing anything and without any knowledge the solar panel company have tied him into a 10 year loan with a finance company . He only earns £1000 per month and could never pay anything back so he would never apply for a loan . He has no paperwork , loan agreement number nothing , he had no idea until he had problems . We saw a solicitor at a free help clinic , who said put everything in writing to solar company and finance company , as well as FSA and financial ombudsman . He also sai not to pay any money and cancel debit . Im so scared the finance company are going keep adding charges even though he hasnt signed anything . Can they do this ?
Submitted: 3 years ago.
Category: Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

Did he purchase the panels or did he sign to lease his roof?
Customer: replied 3 years ago.


It is called self financing and he was assured no money would ever have to come from him . The panels are supposed to make money and that goes to the solar panel payment , anything outstanding , which they said would be £18 per month would come out of the £500 deposited

Expert:  UK-Justice replied 3 years ago.
Do you know why it can only make half?
Customer: replied 3 years ago.


British gas said because of the size of the roof and the number of panels , it could never make what they quoted . Plus they charged for 16 panels and only installed 14

Expert:  UK-Justice replied 3 years ago.
OK - and was that reduced accordingly?
Customer: replied 3 years ago.

No , when he tried to contact the solar company and when he went to their premises the did nothing to help , they just said theyd done everything , he only found it about the loan company because when he went to the premises and said money had come out of his personal account and not the account with the £500 in , they rung a number and he had give the account number with the £500 in . He only gave his personal account number because they said they had to do a background check , regarding length of time in house etc


 

Expert:  UK-Justice replied 3 years ago.
Has he ever had cancellation rights document given?
Customer: replied 3 years ago.


He has nothing , no documents to cancel , nothing about a loan , he hasnt signed for a loan . We found out the finance company have done it over 10 years , making the cost rise from £6995 , which he was told would finance themselves, to £11000 over the 10 years .

Expert:  UK-Justice replied 3 years ago.
I agree with the Solicitor.

If he has not signed anything then he can not be bound. Even if he did sign something he MUST get cancellation rights to start the cooling off period.

No cancellation rights mean the clock does not start ticking.

He needs to write to both the finance company and the Solar company cancelling and specify that no documents have been signed nor cancellation rights given.

He should cancel all payments.

He should write and also ask for his money back within 14 days or say he will go to Court.

If they refuse then he can issue proceedings. This can be done online at: www.moneyclaim.gov.uk - a fee is payable but can be added to the claim.

He should name the solar company and finance company as they are jointly liable under the Consumer Credit Act.

As the refund claim is below £5000 it will be a small claim and he wont need a Solicitor.

You will be surprised how quick matters are resolved once proceedings are issued.

I hope this helps.



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UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience: Called to the Bar in 2007
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Customer: replied 3 years ago.


Even though my son has not signed for any loan and had no cancellation rights , could the finance company illegally send a collection agency to his house or threaten to add charges , even though he has not signed anything

Expert:  UK-Justice replied 3 years ago.
No.

The agreement is not binding and in dispute.

It is against the Office of Fair Trading guidelines on debt collection to do this.



Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.


Thank you , I have looked online and this finance company has terrible reviews , ignoring people letters , refusing to give redemption amounts . We have sent letters and e mails , but did not send the letters by registered post , should we re send them by registered post

Expert:  UK-Justice replied 3 years ago.
The OFT guidance can be found:

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT664Rev.pdf


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Expert:  UK-Justice replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice

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