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Additional issues spotted after LBA sent

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  • Additional issues spotted after LBA sent

    I’ve issued a letter before action to a company for failure to supply certification associated with our recent solar installation (no MCS certificate which was promised to us, no G98 notification letter to notify the energy company - which I believe is a legal requirement, and no Part P certification for the electricians works).

    We have since found out that they have screwed bird protection netting directly into the solar panels instead of using clips. This invalidates the warranty on all 16 of the solar panels.

    This additional issue wasn’t known about when we sent the LBA 4 days ago. What is the correct protocol? Do we send an amended letter to say that this issue has subsequently been discovered and needs rectifying and give them another 14 days to resolve before small claims court?

    Tags: None

  • #2
    While that would normally be sensible, I think you need the certificates etc in order to make the installation work in terms of exporting energy. If you regard that as urgent, I would just go ahead, adding the new issue to your claim.

    Add the new issue to discussions if they engage with you following your letter.
    Last edited by atticus; 4th August 2022, 08:42:AM.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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    • #3
      Brilliant - thank you very much. I’m in the process of trying to find a company to come and check the work so they can prepare a report and quote to correct all works, so hopefully that will work in our favour. We can’t afford to pay again to get this sorted out unless we get some of our money back. I also that the company will simply not pay, even when we win in court. I guess all we can do is try!

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      • #4
        Always ask for the names/address of previous installations and make sure they are not related, sorry I know it's a bit late for you, but at least next time, the same goes for Builders, and never pay any advance.

        Comment


        • #5
          We did. And checked the reviews online. Glowing reviews, which we since found out many were from family/friends. To add complexity to this, from what I’ve seen since the company worked in conjunction with another company who are MCS registered. They subcontracted to the MCS registered company, who issued the documentation. There was a falling out, and now the company we used have no way of doing the paperwork. Seems we must have been checking them out during the time that they were able to get paperwork done, but by the time it came to ours they no longer subbed to the ‘decent’ company!

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          • #6
            The electrician may simply be slow. . Do you know what scheme they are accredited to .NAPIt ,NEiCEIC etc. if so complaint to the relevant organisation and they will sort out the certification for you .

            If the work has not been done correctly they also have the power to allow you to get someone else in to rectify any faults at no charge to yourself.

            if the company are not registered with anyone and we’re scamming you then it’s the courts. It’s also your responsibility to ensure the law is complied with and your entire installation in your home could be deemed illegal until any connection the the network is removed.. some installations require the DNO to be informed before work commences. .if you find out they are not accredited then it maybe the case you will need to get a proper electrician who installs solar power to disconnect it all and sort out any issues afterwards. Most will not certificate other electricians work so they would need to remove everything completely and reinstall lit all again
            Last edited by Ukmicky; 4th August 2022, 16:06:PM.

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            • #7
              They have pictures of the following organisations on their website with ‘accredited’ over the top:
              RECC
              MCS
              HIES
              NAPIT
              Trustmark
              Like an idiot, we just accepted what they were saying. How many people double check on the accreditations a company claims to have though? I never have, and this is the first time I’ve had an issue.

              Myself and others who are in the same boat have subsequently contacted all of the above, who have confirmed this company is not a member. MCS have referred this to their compliance department, as they’re obviously not happy. They’re also going to liaise with NAPIT.

              The dispute resolution section on their website states to contact HIES, who can’t help as they’re not members!

              Yes, looks like a nice day out at the courts. I am looking at doing a Section 75 through the credit card company, I need to check properly first as I was only told this a couple of days ago, but I believe this can be done while you’re waiting for a court case. I was going to claim for just the £4,800 we have been quoted to get the system uninstalled and reinstalled and certificated (with a company I’ve checked up on!), but now we know the issue with the solar panels having no warranty as they’ve screwed directly into them I don’t know what to do. To my mind, we shouldn’t have to pay for the panels or they should pay for replacements.

              Comment

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