Green Deal problem....who is my contract with?

[lba40]

Hi all,

I really hope someone can advise. My Mum took up the Green Deal offer to insulate her external walls with the criteria that she had to have no less than 50% of the walls insulated. The chap that came up to ‘measure’ the work area made a mistake and only measured 43% instead of the required 50%. Once work had completed, the Green Deal team came to inspect and are now saying that my Mum has to repay the £3200 due to the shortfall in completed work. My Mum cannot find what she initially signed for and the Green Deal people aren’t at all interested as they have to go by their rules and procedures. I don’t know who the contract is with and what their responsibilities are…I can’t seem to get any info out of anyone. Is anyone familiar with this deal and where my Mum stands. I told her not to sign anything but it’s not her fault but due to the mismeasurement by the Energy Direct company. Was told today that if it wasn't paid then the debt would be passed to a debt recovery firm.

Many thanks in advance.
Lba.

[lba40]

Re: Green Deal problem....who is my contract with?

Hi all,
Well I spoke to Citizans advice today who advised that we would have a case for breach of contract under the new 'consumer rights act 2015' as the assessor didn't use 'reasonable care and skill' in measuring up. Unfortunately (I should have flagged this up when this was mentioned) the work was carried out before the act became in force. So, I guess I will have to ring back tomorrow and see what the equivalent 'breach of contract' is within the 'sale of goods act'....unless you helpful peeps have any guidance.
Cheers,
Lba.

[Kati]

Re: Green Deal problem....who is my contract with?

:bump: [MENTION=6]Amethyst[/MENTION] ... any ideas??

[Amethyst]

Re: Green Deal problem....who is my contract with?

Hiya, Who are the Green Deal team ? ie. Who was the company that measured up ( Energy Direct ? do you have a link to their website or their full company name - energydirect.co.uk ?) - who did the work ? and who came to inspect ? Also when did this take place? ( I know before Oct 1st 2015 - but how long ago ? After July 2015 ? )

Might be worth a chat with the ombudsman too

Problems with the Green Deal: You can complain to the Green Deal Ombudsman or call on 0330 440 1624. - https://www.ombudsman-services.org/green-deal.html

[Ripped-Off]

Re: Green Deal problem....who is my contract with?

Surely, you must know who the other party to the contract is, even if you don't have the paperwork?

I don't know how these schemes work but I suspect you receive a loan or a grant, that is then paid directly to the installers, who also do the initial survey? If so, there could be Consumer Credit implications here as well as negligence and/or breach of contract.

It seems to me, from your explanation, that the chap who measured up was negligent in the performance of his duties. The general rule is that a professional has to use reasonable skill and care and will be liable (in contract and/or tort) for the foreseeable consequences of his negligence, provided the consequences are within the scope of his duty of care.

Depending on the circumstances, the surveyor and the installers could be culpable for either negligent surveys, perhaps negligent advice, and more likely a breach of contract. It all depends. Did the installers install to the required specification, which itself was negligently prepared by the surveyor, or did the installers knowingly fail to install to the required 50%?

You're going to have to supply a bit more information otherwise the responses you receive may be inaccurate or incomplete.

[charitynjw]

Re: Green Deal problem....who is my contract with?

There does seem to be various options as to who does the work, inc the survey.

Perhaps a bit more info about the exact sequence would help.

The latest scheme is https://www.gov.uk/green-deal-energy...-the-work-done