Potential section 75 claim for cancelled solar panel contract

grumbler

I was talking about contracts in general and said "this depends on the contract". And futures exist for, say, commodities as well, not only for stocks/currencies.

Long-term contracts for supplying commodities at  agreed price exist outside of 'regulated exchanges'.

phillw

grumbler said:

I was talking about contracts in general and said "this depends on the contract"

Sales contracts won't have those explicit terms and the consumer rights act doesn't imply them.

born_again

grumbler said:

What about futures contracts then? Companies and people use them to insure themselves against changes in the price. According to you these contracts don't insure against anything. If the price  goes the way the supplier wants, they are happy. Otherwise they can just not to supply anything. No lose situation for the supplier. No win - for the buyer.

Bit pointless in this thread as they would not be covered by S75.

As to your other reply.
Even in court yo could not claim for something you have never paid for.

grumbler

born_again said:

grumbler said:

What about futures contracts then? Companies and people use them to insure themselves against changes in the price. According to you these contracts don't insure against anything. If the price  goes the way the supplier wants, they are happy. Otherwise they can just not to supply anything. No lose situation for the supplier. No win - for the buyer.

Even in court yo could not claim for something you have never paid for.

I am no expert, but I'm pretty sure this is incorrect. That's what they call 'damages' - compensation for the loss suffered as a direct consequence of the breach of contract. And the full payment doesn't have to be made in advance for this.

[Deleted User]

grumbler said:

born_again said:

grumbler said:

What about futures contracts then? Companies and people use them to insure themselves against changes in the price. According to you these contracts don't insure against anything. If the price  goes the way the supplier wants, they are happy. Otherwise they can just not to supply anything. No lose situation for the supplier. No win - for the buyer.

Even in court yo could not claim for something you have never paid for.

I am no expert, but I'm pretty sure this is incorrect. That's what they call 'damages' - compensation for the loss suffered as a direct consequence of the breach of contract. And the full payment doesn't have to be made in advance for this.

You may be right had the panels been installed by the original or new company and the loss crystallised. I doubt their get out clause would hold water as their substitute is clearly inferior either. But for now, all they are down is £100 and no construction has commenced. Time to get a refund and move on.

phillw

grumbler said:
That's what they call 'damages' - compensation for the loss suffered as a direct consequence of the breach of contract. And the full payment doesn't have to be made in advance for this.

Well I await the court judgement then. I don't see why anyone would volunteer the £5k difference otherwise.

grumbler

Yes, that's exactly what courts exist for, including the small claims one (online).

tripled

Are you absolutely certain there are no clauses in the contract that allow the solar installer to escape or vary the contract? Mentions of Force majeure, circumstances outside of their control, price changes, manufacturing or supply delays, etc? It would be a surprising oversight if there are none.

If there are no such clauses, then assuming you do not agree to mutually terminating the contract (for example by accepting the return of the deposit), then they would be in breach if they do not fulfil it. Any talk of inflation, currency movements, etc. are an irrelevance unless catered for somehow under the T&C. Yes, the credit card company would be jointly liable under S75, as the cost is between £100 and £30,000.

Liability of creditor for breaches by supplier.

(1)If the debtor under a debtor-creditor-supplier agreement falling within section 12(b) or (c) has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor.

My suggestion would be that you set out in writing to the installers that you do not agree that the proposed system is of an equivalent specification, and that you expect them to honour the agreed price and specification, and ask them to confirm they will. If they do not, then yes absolutely, raise a S75 claim.

** Edit: Just to add, our panels (4.4 kWp) and battery (5.2 kWh) are due to be installed next week, that we originally ordered in late May. No mention, so far at least, from our supplier of changing the price. I've run a quote on their website and it looks as though if we were ordering now the price would be £9,700 (up from £8500 - a 14% increase). It might be worth getting another quote or two.