We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

Pigeon Infestation of solar panels- solved for free!!

Personal experience ... if your installer did not advise you of the risk of possible pigeon infestation at the time of selling you the panels - and you had to pay to get the infestation fixed - the county courts will get you back the costs as long as you can evidence the loss ... hurrah !!
And the gimmicky RECC code be damned ... courts do not pay any heed to it when they apply the "due care and skill" standard.

Comments

  • Shaka_Zulu
    Shaka_Zulu Posts: 1,689 Forumite
    skeddadle wrote: »
    the county courts will get you back the costs as long as you can evidence the loss ... hurrah !!

    You might mean your County court did and I'm surprised by that but that doesn't mean another one will.
  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 8 November 2017 at 11:06AM
    I await someone setting up a company to get compensation for this as we speak..

    Some less than ethical suggestions on the green and ethical board makes the vent board look tame by comparison
    https://forums.moneysavingexpert.com/discussion/5617212
  • I agree - probably not the same scale as PPI but this is mis-selling ... and it should matter because the govt is pumping public, our, money into this business as subsidies ... and we shouldn't let unscupulous installer cream it off !!
    The key is to check in the documentation if they advised of this risk during the sale. If they didn't then they fail the legal test of exercising due care and skill and you can get back your evidenced rectification costs.
  • Isn't it the same law in the land ... atleast in England ... lol !
  • Shaka_Zulu wrote: »
    You might mean your County court did and I'm surprised by that but that doesn't mean another one will.

    Isn't it the same law in the land ... atleast in England ... lol !
  • paddyrg
    paddyrg Posts: 13,543 Forumite
    Was the case contested or awarded by default? I suspect the results will vary somewhat case by case.
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    skeddadle wrote: »
    Personal experience ... if your installer did not advise you of the risk of possible pigeon infestation at the time of selling you the panels - and you had to pay to get the infestation fixed - the county courts will may get you back the costs as long as you can evidence the loss ... hurrah !!
    And the gimmicky RECC code be damned ... courts do not pay any heed to it when they apply the "due care and skill" standard.

    Fixed that for you.

    Just because you won doesn't mean anyone else will. Civil cases in the county court do not set a precedence, hence judges will find on a case-by-case basis per the evidence presented by both parties. (Reference to another case in the county court may be persuasive, but the judge is not obliged to give it any weight whatsoever. High court or above cases are a different matter).

    And that is fact. :)
  • paddyrg wrote: »
    Was the case contested or awarded by default? I suspect the results will vary somewhat case by case.

    Definitely contested. Installer's case was they were only required to deliver and install the equipment, but the judge opined that the standard of due care and skill applied and the right of consumers/buyers being advised of all risks associated with a product is enshrined in the Consumer Code.
  • mikb
    mikb Posts: 655 Forumite
    Part of the Furniture 500 Posts Name Dropper
    skeddadle wrote: »
    I agree - probably not the same scale as PPI

    It certainly is a form of PPI

    Problematic Pigeon Infestation!
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 354.5K Banking & Borrowing
  • 254.4K Reduce Debt & Boost Income
  • 455.5K Spending & Discounts
  • 247.4K Work, Benefits & Business
  • 604.2K Mortgages, Homes & Bills
  • 178.5K Life & Family
  • 261.7K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.