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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Sirs:..In February,my daughter signed a contract with Solar

Resolved Question:

Sirs:..In February,my daughter signed a contract with Solar Energies UK for the supply and fitting of a 16 panel Solar System. They failed to follow their own procedure system, and fitted the units before conducting a structual survey. This resulted in TWO of the panels being fitted on the neighbours roof, and was not discovered until pressure to pay by debit card was submitted. The fitters removed the two panels within days, but we have not been compensated for the loss of production capacity amountig to 12.5%
On 19-0302014, I sent a Formal Complaint to the M.D. by recorded delivery. This was completly ignored!.On 6-4-14, I wrote again to the M.D. by Special Delivery. This was RE: Formal Complaints and I set out details of required compensation...This again was completly ignored. On 25-4-14, by recorded delivery, I again wrote RE: previous correspondence...Again no response!!...During that period, my daughter recieved a Customer Feedback Form. She returned this[by recorded delivery] with a full and detailed record of ALL the problems encountered...Again no response .Can you please advise as I understand that complaints to the Ombudsman have to be made no later than nine months after the first registered complaints were made to the suppliers.Yours Sincerely...Michael *****@******.***
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

For now please let me know had the survey been carried out correctly, wouldnt it still be 2 panels short because of space?

Customer:

Hi Alex:..Yes, the two panels in question spilled over on to the neighbours roof, and there was no way for any re-arrangement to accommodate 16 panels on the given space

Customer:

Sorry:..photographic evidence of before and after is available

Alex Watts :

Ok - so in any event it could only have ever been a 14 panel system?

Customer:

Yes.. that is correct

Alex Watts :

Ok - what is it you want to to achive?

Alex Watts :

* achieve *

Customer:

My daughter payed for a 16 panel system...She has got a 14 panel system which is only capable of producing 87.5% of the quoted return. Our claim to the company is a refund of 12.5% of the price paid[£6,900.00] =£862.50 and compensation for Sales Managers unprofessional conduct; breach of contract; and unreasonable customer approach.Estemate £862.50 plus 3% interest above bank rate on monies owed after 25-05-14.

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 :

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:

Within the Final Reminder sent on 25-4-14, I stated that ''I am advised by the C.A.B.that in a final attempt to resolve this issue, I am required to serve to you a ONE MONTH'S NOTICE TO PAY. There fore, if the account is not settled on, or before, the TWENTY FITH DAY OF MAY 2014, procedure to settle by actions of THE SMALL CLAIMS COURT, will be activated''. No response was received and because of other preasures at that time, my daughter decided to await response. Given this further information, is it too late to act on your previous advice?

Alex Watts :

Ok - so you have already sent that. In this case you can just issue a claim

Customer:

Thanks Alex:..You say just issue a claim, but does this still have to be done through the Courts?

Alex Watts :

Yes. You can issue it online but the process starts through the Courts

Customer:

Thanks again for your advice and time on a Sunday morning...now please go and have your Sunday Lunch!

Alex Watts :

Thank you. Can I clarify anything else for you?

Customer:

No thanks..I will now close with your Rating

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