Worries over Solar panel "deal"

Garpat32

Hi all,
I'm hoping someone can advise if possible, as we seem to be caught in a minefield.

Back in 2015 we naively agreed to a "green deal" to have solar panels on the roof of our property, it was sold to us well, we would have cheaper electricity and they would be responsible to upkeep of the equipment. All has been good, no issues that we were aware of, and electricity costs reduced, so happy.

However I received a letter from a company I have never heard of, Solar O&M, saying that we need to sign some paperwork so they can transfer the FIT payments to as yet un named company, and if we do this right away we will be sent a £100 voucher. Immediately I thought there was something fishy, then within the paperwork to sign is what is alleged to be a copy of my original paperwork. This is a similar form to my original with same date I signed but to a different company that, and the signatures, including mine, don't match the original. The sender of the letter included a mobile number (that never is answered) and an email, so I have contacted him about this.
He went on and on about the voucher, the need for the signature is so Solar O&M can transfer the FIT to an as yet un named utility company. I questioned him about the paperwork and he agreed the forms "look to have different signatures" even though they are both dated the same.

So digging round further and getting ourselves more worried, I find that the original company Sun Spirit went into liquidation, however they have forged the transfer form to another company called Ecossol PV ltd and dated it the same date that we signed up with Sun Spirit! Now I find that in September of the same year this Ecossol have then transferred the panels over to Solar O&M, without any contact with myself or paperwork to prove this. I also find that they have the same registered address and same director.

To top his all off, I cant find any evidence of any "green deal" taken out, it was explained at the time "you will pay slightly more per kwh, but the saving will easily outweigh the costs" yes, I know we sound naïve, looking back a bit stupid too.

I have went through to CAB who have logged it all and passed to trading standards, but they didn't sound hopeful or offer any advice really. I have spoken to Ofgem, who just passed me onto Consumer Direct, who again have logged it. So we really are stuck and worried that we are about to be hit with a massive install bill or similar.

Any advice is welcome, and apologies it is quite long winded.

macman

You signed up to a 'rent a roof' scheme in 2015. This does not give you 'cheaper electricity'. It simply means that your billed kWh usage will be lower, as you are able to use part of the system output during daylight hours when it is generating. In return, you sign over the rights to the FITS payments to the owner of the lease on your roof. With the original company in liquidation (as are most of them now), they are now trying to transfer the FITS over to the new company (in this case, apparently a phoenix company), and offering you a cash incentive to do so.
Your real issue is not who owns the rights to the FITS, but the fact that you have created a lease on your roof, which can make the property unmortgageable.

Garpat32

Hi, thanks and yes we are realising now that we didn't look into this properly, and seem to have been caught out by the sales pitch.

I'm not sure why all of a sudden they need signatures, as it has ben transferred at least twice without our knowledge. I think we will have to get some official legal advice now, really don't want all this worry.

macman

Because the new owners are trying to do it legally, rather than by forgery? Without the transfer, they have an asset which yields them no income.

Garpat32

Ok, I see your point, but the company who say they are the owners have taken ownership already by forgery.

Allegedly they have owned the panels since 2015, I'm sure if they weren't receiving any money they would have done something before now.

Gerry1

Consumer Direct ceased to operate in March 2012.  Aren't Ofgem wonderful...  

It's now handled by Citizens Advice.

Sterlingtimes

The company owing the system would receive the FIT but would also have a responsibility to maintain the panels. The assignment or novation document would need to protect the maintenance obligation to you. Legal guidance is necessary given that there appears to have been a fraud and a company may have been receiving FIT payments by deception. It would be an ideal if the real owner removed the panels or allowed you to take ownership.

UnclaimedEnergy

https://www.citizensadvice.org.uk/scotland/consumer/energy/energy-supply/making-energy-efficient-home-improvements/problems-with-your-green-deal-energy-efficient-home-improvements-s/#:~:text=The Green Deal was a,for energy saving home improvements.

https://www.citizensadvice.org.uk/scotland/consumer/energy/energy-supply/making-energy-efficient-home-improvements/helms-home-energy-lifestyle-management-ltd-and-green-deal-complaints-s/

Just leaving these links here as the first one should give you advice on the green deal situation.

The 2nd is a similar case with Helms/PVSI

Garpat32

Thanks for the info everyone
Plot thickens as it looks as though the original installer has never registered the lease with land registry!
So this latest paperwork that they are requesting signing is to inform the land registry of the initial install back in 2015.

Garpat32

Just to bring this up to date.
The original "Green Deal home improvement loan" that was agreed, and signed off, back in 2015, never actually got processed, the paperwork was sent in but was never actioned, the loan was never paid out and in affect cancelled. Land registry were neve informed, so nothing is showing as "owed".

The company that say they own the FIT payments (Solar O&M) wont/cant give me any legal reason on why I should sign their paperwork, or the implications, but they advise they are now transferring the FIT payments to another company regardless.

macman

They cannot transfer it if they don't already own it.