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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 76053
Experience:  Qualified Solicitor
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I had Solar Panels installed in April 2020 with a 10 year

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I had Solar Panels installed in April 2020 with a 10 year warranty . Now there is an egress of water on a bedroom ceiling due to a nail from the Solar panels going through a roof tile ECH Fareham refuse to come and repair . Please advise.
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: I live in Henley on Thames UK. No because I do not want to pay to have a fault covered by the guarantee.
JA: What steps have you taken so far?
Customer: I have had 3 phone calls when they refuse to come out to see the problem have also had my own roofer assess the problem.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No they have been very unhelpful and acuse me of being rude when I insist they should fulfill their obligations.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

What do you specifically want to know about this? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you as soon as I can. Thanks

Customer: replied 16 days ago.
I would like to know if legally the company should come and view the problem and repair the roof tile

Thank you very much for clarifying. First of all, I am sorry to hear about this situation and any associated issues.

When a consumer enters into a contract for services, the Consumer Rights Act 2015 says that such services must be:

- Carried out with reasonable care and skill (to the same standard as any reasonably competent person in that trade or profession)

These rights are in addition to any warranty so even if the warranty does not cover this, you can rely on the above instead.

In the event of substandard work, the trader should either redo the parts of the work which are inadequate or perform the whole service again at no extra cost to the customer. This must be done within a reasonable time and without causing significant inconvenience. If this is not possible, the consumer can claim a price reduction, based on the severity of the issues. That is something which should be negotiated between the two parties. However, if the trader refuses to resolve the issues, the consumer can consider getting someone else to do this and either deduct these costs from the balance that is still owed to the original trader, or pursue them for any extra costs that have been incurred as a result.

In order to resolve any problems that have arisen, it is generally recommended that the following steps are followed:

1. Collect all documents relating to the work (e.g. quote, contract, correspondence, etc.).

2. Contact the trader and explain your problem. Ask them to resolve any issues and set a reasonable time limit for them to respond (7 days is acceptable).

3. If the matter is still not resolved, write to the trader repeating your complaint and how you would like them to resolve the issues. Say you are giving them a final time limit of 7 days to resolve the problem or you will have to consider taking legal proceedings to recover your losses and any additional costs. This is also known as a ‘letter before action’ and there are plenty of templates if you do an online search for one.

4. If the trader fails to respond or refuses to resolve the problem, you could consider taking legal action by seeking compensation. Remember that court is a last resort, however threatening it can be a good negotiating tool because it shows you are serious about resolving this and may prompt the trader to reconsider their position.

5. Finally, make sure that you keep copies of all correspondence, in case it is needed in the claims process.

If you wish to take the matter further and issue legal proceedings, assuming you will just be claiming financial compensation, you may pursue your claim via the County Court’s online portal at https://www.moneyclaim.gov.uk/web/mcol/welcome

You may also wish to consider reporting them to Trading Standards, which you can do via the following link: https://ssl.datamotion.com/form.aspx?co=3438&frm=general&to=flare.fromforms

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.

Customer: replied 15 days ago.
many thanks for your helpful reply. I shall see the response from the trader and then may come back to yiu.

You are most welcome. If you have any further questions about this, please do not hesitate to get back to me and I will be happy to help. All the best

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