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Claiming financial losses

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  • Claiming financial losses

    I hope Iím 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 canít. 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 doesnít usually cover compensation for costs, so where do I go?
    Tags: None

  • #2
    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

    Comment


    • #3
      Thank you - this is great information and good news for us. We are completely beyond the end of our tether with all this. Itís been a nightmare from beginning, and weíre nowhere near the end!

      Comment

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      SHORTCUTS

      Pre-Action Letters
      First Steps
      Check dates
      Income/Expenditure
      Acknowledge Claim
      CCA Request
      CPR 31.14 Request
      Subject Access Request Letter
      Example Defence
      Set Aside Application
      Witness Statements
      Directions Questionnaire
      Statute Barred Letter



      If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





      NOTE: If you receive a court claim note these dates in your calendar ...
      Acknowledge Claim - within 14 days from Service

      Defend Claim - within 28 days from Service (IF you acknowledged in time)

      If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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