Claiming financial losses

[Lorrie]

I hope I’m in the right part of the forum for this.

We have had ongoing issues with a solar power fitter. They told us they were registered and able to provide the necessary paperwork (MCS certificates, Part P, G98 notifications), however they can’t. They told me yesterday they are now MCS and NAPIT registered. I have contacted both today, and both have confirmed that this company is not registered with them. The company has offered to remove their system and refund us in full.

The only way to get the necessary paperwork is for us to have a brand new system installed by a registered installer. Prices have gone up in the 3.5 months since it was installed, so it will cost us more. We have also lost out on selling excess energy back to the grid, and have also paid for our electrician to put right some issues with the electrical side of things.

Is it possible for me to claim the difference in cost of the install from a new company? I suspect we will be paying an extra £3k to get the same system now. Are we expected to take this loss, despite it being their fault? I see small claims court doesn’t usually cover compensation for costs, so where do I go?

[des8]

I think you would be best making a claim following breach of the Misrepresentation Act 1967

This would allow you to claim damages for breach of contract.
The damages claimed could include loss of bargain i.e. the difference in cost of installation

[Lorrie]

Thank you - this is great information and good news for us. We are completely beyond the end of our tether with all this. It’s been a nightmare from beginning, and we’re nowhere near the end!