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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Solar panels installed december 2011....regular recordings

Resolved Question:

Solar panels installed december 2011....regular recordings of units accrued by us and passed onto our suppliers. company man returned in 2012 [ no record of his visit a organised by phone] Solar imput reduced but poor summer was blamed. brief telephone call to company who jussaid it was the poor summer and their panels never failed.
This spring when discussing/ comparing poor solar panel results with our neighbour we decided to telephone once again. As we had a comparison they visited and agreed our panels were faulty. We assessed[ and they agreed] we had a loss of £1,400 + due in loss of revenue. They initially offered us £ 200 approximately then suggested we meet them half way with an offer of £700. They have since made no further contact with us. Should we refer to small claims, ombudsman mediation or what would our next step be.
I do hope you will be able to offer satisfactory advice. As a retired couple we are uncertain of our next step and value your opinion. We have very little paper work as evidence as much of this was telephone operated.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

Alex Watts :

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

They are in breach of contract under the Sale of Goods Act as the goods are not fit for purpose, of suitable quality or as described

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.


Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

As there is very little paperwork record what happens with regard to proof of action taken by us? In this telephone tl

Alex Watts :

Yes I think there is. All you need to do is prove the claim, on balance

Alex Watts :

So if they accept the panels are faulty that will be ok

Customer:

Should I telephone the company today noting your advice and suggesting they settle out of court now? I have previously use the term `not fit for purpose` . Is the fact they offered me an increase of monies regarded as proof of liablity

Alex Watts :

If they deny it you may need to get an independent survey as to the performance.

Alex Watts :

No, do NOT call them

Alex Watts :

Make sure everything is in writing

Customer:

Many thanks. I will perhaps sleep better tonight especially with £1400 in my bank!

Alex Watts :

Indeed. Can I clarify anything for you about this.

Customer:

Will a daily record of performance which was then passed on th ourelectric company suffice as evidence?

Alex Watts :

Yes that is evidence

Alex Watts :

Does that help?

Customer:

Do hope so. I was in education not law so am trying to walk on what feels like quicksand! Dont know the questions / answers I need until after the fact!

Alex Watts :

No indeed. But if you have any further questions you can ask for me personally: ALEX W

Alex Watts :

I can pick them up

Alex Watts :

Is there anything else I can help with today?

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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