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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 802
Experience:  Solicitor with over 15 years experience.
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I have been mis sold central heating system 2 years ago, the

Resolved Question:

I have been mis sold central heating system 2 years ago, the company said it was MCS approved to comply with claiming the governments RHI payments. I have been trying to get my systems certified with an MCS certificate for 2 years with no luck, as that is needed to claim RHI.
How do I stand legally for compensation?
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
LondonlawyerJ :

Hello, I am a solicitor with 20 years experience. I will try to help you with this.

LondonlawyerJ :

Can you clarify why you have been unable to get the certification. Is it because you have been told by someone with expertise that the system does not comply?

LondonlawyerJ :

I will be off this system for a while (going into court) but will look again later.

JACUSTOMER-e9mahd7w- :

my systems were commissioned on the 29th Nov 2012, just before this MCS disputed the way my Solar Thermodynamic panels were tested, therefore withdrawing the certificate.

JACUSTOMER-e9mahd7w- :

Created on Tuesday, 06 November 2012 09:39

MCS has completed an initial review of thermodynamic products (including solar thermodynamic panels), and as a result, MCS has now taken the decision to temporarily suspend the registration of solar thermodynamic products within the MCS installation database until requirements for the installation of this product type can be developed by the Scheme.

This decision does not mean that the products cannot be installed in the UK, simply that they cannot be registered within the MCS installation database. As such from 19th November 2012, no further installations will be allowed to be registered within the MCS installation database, and the product will be unavailable for selection.

MCS is already working with a number of manufacturers to develop requirements for this product type either by extension to the existing MIS 3001 or MIS 3005 or a brand new Scheme document if appropriate. Please click here to view a copy of a letter sent to all MCS certified solar thermal installers on 5th November 2012.

JACUSTOMER-e9mahd7w- :

The company I bought it from are still trading I think Spey power ltd with director David Andrew Clayton Ramsey.

JACUSTOMER-e9mahd7w- :

I would like to know if I have a compensation claim or just wasting my time?

JACUSTOMER-e9mahd7w- :

This is the last reply I recieved from MCS.

JACUSTOMER-e9mahd7w- :

Morning Kevin,

Unfortunately I think your installer may have got confused, this only applies if you have had an installation done by an MCS certified installer who has used an MCS certified product. As I said previously there are no solar assisted heat pump products certified under MCS therefore this does not apply to your install. Insurance backed warranty is for those who 1. Have this in their written contract from their installer 2. Need it for when they encounter a problem such as a technical issue with their installation.

I understand that you are frustrated but there is no way around this, the product and the installer must be certified at the time of commission. I wish I could tell you otherwise but this is the way the scheme works.

Kind regards,

Emily Swain

JACUSTOMER-e9mahd7w- :

Mr David Andrew Clayton Ramsey of Spey power ltd as part of his sales pitch quoted that I would be able to claim RHI to reduce the cost of heating my house but due to MCS's decision to not certify my products this is not the case.

LondonlawyerJ :

Ok that is a lot of information I will need to have a look at that this evening.

Customer:

Are you still looking at this case?

LondonlawyerJ :

I am sorry I have overlooked this. I am travelling at the moment but will look at it this evening.

LondonlawyerJ :

Ok. if compliance with MCS standards was part of the contract then the failure to install such a system is a breach of contract. In theory you would be able to pursue Spey Power (Is this an English/welsh or a Scottish question I only ask because of where Speyside is located).

LondonlawyerJ :

If you made it clear that you you only wanted a system that would enable you to claim the renewable heat incentive and this was either clear in correspondence pre-contract, or actually contained in the contract then you have a claim for compensation for the loss to you as a result of their default. Are you able to quantify how much RHI you would have got?

Customer:

Depends how my systems are labelled 7.3 to 19.2p per kWh used which could be between £375.95 to £988.30 per annum

Customer:

I use 5150kWh per year and depends where my technology comes in the RHI scale.

Customer:

The address is Spey Power 145-157 St John Street, London EC1V 4PW Tel *********** Email *****@******.*** I have difficulty in contacting this company now so they may have cease trading.

Customer:

The pre-contract and contract nothing is written down only verbal encouragement to RHI claims.

Customer:

The installers were Supreme Thermodynamics Ltd who have MCS approved installer on their invoice.

Customer:

The potential income lost is £2625 to £6918, as RHI is a 7 year contract.

LondonlawyerJ :

Ok as long as it is clearly either part of the contract or y entered the contract as a result of a clear misrepresentation that you can evidence then you may be able to bring a claim for compensation in the small claims court. Follow this link to see how to do this and for details of the necessary pre-action letter. https://www.gov.uk/make-court-claim-for-money/overview

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