Solar panels issue

[Quovadisuk]

Keeping it brief, purchased solar panels in 2011 paying deposit by MasterCard of £5k was guaranteed good returns after 10 years but this has not materialised . Spoke to MasterCard and Halifax a few years back about the under performance, but both stated the 10 years had not elapsed so I could not claim under section 75 … The 10 years is nearly up, so have tried contacting the company yet again, and find they are no longer trading … I also have learnt that I now cannot make a claim under section 75 as the purchase is over 6 years !! It seems I am caught between

Waiting for the goods to arrive ( which didn’t happen ie the return of investment}
Being denied a claim as the expiry date of the expected return had not been achieved
Mis- information from both card company and Halifax not accepting the claim whilst within a six year period
Company ceased trading
Company also stated the expiry date had not been achieved ( when trading}

Any suggestions/ ideas would be appreciated

[echat11]

Hi Quovadisuk

If I haven't misunderstood, when you say under performance, there is a 'big unknown' with solar panels, the electricity they generate depends on the sun. When you got the solar panels they must of made you aware of that in the literature provided.

[Quovadisuk]

Thank you for your reply …. No we were given a good sales pitch that guaranteed our investment back and more in 10 years Fortunately I have kept all the paperwork that suggests this along with a bank statement of what it has produced ( returned ) to date and this has only been half of what was promised, hence the concern to raise the issue now as the full 10 year plan ends this September ..l

[echat11]

Hi Quovadissuk

Write to Halifax (Mastercard), tell them you are making a claim under Section 75, send it Recorded Delivery to their Registered Office. You need to give them dates, the background behind your claim, what they said to you. If they are reluctant to resolve your claim (which I think they will be), you need to make sure they send you a 'deadlock' letter. Explain that the Solar Business closed down.

https://www.citizensadvice.org.uk/co...edit-provider/

Then you can progress your claim to the Financial Ombudsman Service.

https://www.financial-ombudsman.org.uk/

[des8]

Without commenting on the merits of your claim The Limitation Act 1980 allows for a claim to be made up to 6 years after the cause of action accrues.
In this case the cause of action cannot commence until 10 years after the purchase.

Section 75 of CCA 1974 makes the credit card issuer jointly and severally liable with the supplier.

I see no reason why the credit card issuer should not be sued (if that is the action you wish to take) as you are within 6 years of the cause of action accruing.
Obviously they will resist, but this doesn't make them correct

[Quovadisuk]

Thank you to all have taken the time to post . I have taken on board your comments and suggestions and will update you all as things develop …kind regards