Update on solar panel fiasco - for those interested

To recap: when the solar panel firm installed our panels someone put a foot through our bedroom ceiling from the loft. They left without telling us this. Instead of rectifying the situation the company forged an electrical certificate and customer satisfaction certificate. A week later our bedroom ceiling collapsed.

The solar panel firm convinced us the best way to pay for the panels was a one year interest free loan that they organised through a third party finance company. We could then keep our money in our savings account, earn a bit of interest and pay it off after a year at no expense to ourselves. The loan was applied for and accepted a week before we signed up for the panels or signed the credit agreement without our knowledge or permission. The installation company did this by acquiring our financial details to run a credit check. That's it, just a credit check.

After the solar panel firm damaged our property we called the finance company to ask them to delay payment until everything was rectified. They refused to do this, so we withdrew from the credit agreement inside the 14 day cooling off period. They refused to allow that, so we submitted a complaint to the financial ombudsman.

The adjudicator at the financial ombudsman has now ruled against us for the second time.

She says that when you withdraw from a credit agreement inside the 14 day cooling off period you still have to pay the loan. However, because we withdrew from it, it shall be considered as though it was never entered in to and the finance company cannot be held accountable for anything the installation company has done including damage to our property.

She says the fact that the loan was applied for and accepted without our knowledge or our signature doesn't matter at all. It's just one of those things. She says that the paper work that states they used my wife's passport as a form of ID, despite never seeing it, doesn't matter either, it's just summat they write down, they don't actually have to see it.

We have a debtor-creditor-supplier agreement and the consumer credit act unequivocally states that when the debtor withdraws from the credit agreement the money is to be repaid to the credit company by those who were originally paid. It's unambiguous. We never saw the money, it went straight to the installation firm. However, despite referring to us withdrawing from the credit agreement throughout the rest of the adjudication, she says we didn't withdraw from it, we cancelled it, and because we cancelled it we have to pay it back, even though we never got it. I'm not making this up, that's what she says. Anyone care to have a go at explaining that nonsense to me? You can essentially take out a loan in someone else's name, keep the money and have them pay it back, even if they cancel the loan. It's genius.

The signature on the customer satisfaction certificate that the solar panel company forged and the finance company have submitted as evidence that we're happy with the installation looks nothing like that of my wife's. Nothing at all, it's even spelt wrong. The adjudicator at the financial ombudsman says she's not a handwriting expert, so she can't tell, and even if it is a forgery the finanance company didn't forge it so it's hardly fair to blame them. The fact that we informed the finance company ourselves that we were not satisfied either side of the date this certificate was forged doesn't matter. The fact that the finance company never told us they had this certificate or presented us with a copy under the data protection act when we requested information doesn't matter either. The fact that my wife has never even met anyone from the instillation company since the before the installation, so couldn't have signed it, doesn't matter.

The adjudicator at the financial ombudsman got in touch with the installation company. The people who forged all those documents said they didn't and she was happy with that. The forged electrical report has two dates on it. The date of the signature is 5 days after our panels were installed. The date of the test is two days before. Apparently they tested our panels and wiring before they even installed them. The adjudicator at the financial ombudsman has concluded this is fine.

We still owe the loan. We still have a forged electrical certificate. We still have an invalid building regulations certificate issued on the back of this electrical certificate. Because of this our home insurance is invalid. We don't know if our installation is safe. If someone is hurt because of an unsafe installation we will be liable because we don't have a valid electrical certificate or building regulations certificate. But we've got to pay the money. Every last penny. Even though the installation company installed our panels within the 7 day cooling off period without us requesting the date. And all this isn't even the half of it.

We couldn't be happier with how this is going.

 

Bloody hell Jay. It's getting to the point where you have to get the media involved. Bite the bullet mate.


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Get Anne Robinson on the case plus your MP.

 

Contact your MP and I would suggest trying the Police

 

Incredible though the ombudsman's ruling is, isn't your best course of action against the installation company? Via the small claims court?

 

I was going to advise the same. It certainly sounds like what they have done is criminal.

Do you have access to legal advice? Check your bank account, as it may be packaged in with that. Otherwise, do either you or the missus have access to an EAP through work? That could well offer legal advice. If not, do either you or the missus have a Group Income Protection policy at work? Most insurers offer access to an EAP as part of that package, but employers rarely advertise it. Legal advice can be expensive, so worth asking all your friends and family if they know a solicitor, as you may be able to run it past someone for nowt.

If all else fails I'd agree with the others that you ought to try your MP or the Citizen's Advice Bureau. Watchdog also has things like this on it, as does Rogue Traders, but I guess they have hundreds of people with tales like yours to get through each week, but still worth a try. Of the papers, I'd have though the horrid Daily Mail is the one that best likes to report an outrage like this.

Hope you get it sorted, as it sounds horrendous.

 

I'd guess the 'value of goods' is such you could go to the county court rather than small claims.

 

I just spoke to the solicitor in our office and she says the best thing to do is do some research in to the company who installed the panels and see if they do business with any major property firms as quite a lot of new builds are required to install panels, if they have any contracts with well established property companies write to installer and inform them that you are writing to the company's they do work for and informing them of dodgie dealings you have encountered and that you are receiving legal advice on the matter before taking to social media and press association with the evidence you have collected, and you will be informing the company's they have contracts with that their company's name may come up in reports.

She also said that the best thing to do is seek legal advice first, which you are doing this afternoon

 

They are the same thing.

 

Small claims are done through the County Court system, one and the same. I think you mean the High Court who can hear more valuable and complex cases.

 

Seek legal advice and take the company who fitted the panels to court. The finance company situation is crazy, but ultimately a dead end imo.

 

Hi, yes you're quite right - thanks for the correction. My old man could go to Small Claims for an item he was due a refund on, but because the guy has refused to pay the money back the fees have added up to the point where he can go to the High Court.

 

edit: deleted double post.

 

Do you have legal advice through your (now invalid) home insurance?

 

I'm dense on stuff like this Jay but isn't it ultimately fraud as they've forged your wife's signature. Which is then a police matter?

 

care to name and shame the company?

1. write to watchdog

then inform said company with what you will do if they dont make good their damage and install:

1. setup a blog on blogger and detail all this with the companys details in
2. get it on twitter and other social media and get folk to retweet.share it and maybe the chron if a local company

Make it clear you will take them to court and drop in the fraud word for good measure cos that is what they have done.

Also - are there any electrical bodies like gas safe (for gas) that you could get involved and inform them that a company is doing this under their name/group

 

Jay - first of all I have every sympathy for you & your missus.

To me it seems like you have no other option than to go to the police and make a formal complaint of fraud/forgery against the company concerned.

In addition seek legal advice immediately - I'm sure there are plenty of solicitors who give a free half hour at least, mebbes an hour.

Have you lodged a formal complaint against the solar panel company? Have you told them that you are gonna sue them for the utter chaos they have caused? Maybe when you see a solicitor they will perhaps tell you what to say. Maybe it may cost you in the short term - but when you're proven right you will get it all back and more.

Time to get as tough as you can with them - maybe more heartache along the way but go for it.

 

Are you watching watchdog now Jay? Solar panel firm on in a while, you could get some clues.

 

Cheers I'll have a look.