Faulty Installation of Satellite Dish by Aerialforce

the_lunatic_is_in_my_head

It's a bit long on the details of what happened IMHO, OP note the warranty was £115 plus VAT so £138. It's important to set a (reasonable) timeframe and specifically state your intentions of using small claims if they fail to meet the request. 

I would go with something like the below and if you have time to update us it's always interesting to hear how things turn out  

Dear Aerial Company

I am writing regarding a recent installation at [address].

The initial installation resulted in the dish being successfully mounted to a pole however the house was blocking the signal and the connection was interrupted. 

A second visit occurred and the dish is now on the Starlink stand in a position where it gains signal however the dish has not been secured as contracted, rather just plonked in the middle of the garden on the ground which is obviously unacceptable in terms of an installation. 

In the first instance the service did not conform to the contract as it was not carried out with due care and skill, the second visit was a "repeat performance" and as the service still did not conform to the contract I am now seeking a price reduction as I am entitled to under the Consumer Rights Act.

I have received a quote of £180 to have the dish correctly install and am seeking a price reduction of this amount. I also seek a refund of the £138 fee for the warranty covering the installation, obviously as the service does not conform to the contract and your opportunity for a repeat performance has failed I am entitled to a refund of the warranty fees.

If a refund of £315 is not made with 14 days of the date of this letter I shall commence proceedings via small claims to recover the amount without any further communication with yourself. 

The legislation supporting my position is copied below:

https://www.legislation.gov.uk/ukpga/2015/15/section/49/enacted

(1)Every contract to supply a service is to be treated as including a term that the trader must perform the service with reasonable care and skill.

https://www.legislation.gov.uk/ukpga/2015/15/section/55/enacted

The right to require repeat performance is a right to require the trader to perform the service again, to the extent necessary to complete its performance in conformity with the contract.

(2)If the consumer requires such repeat performance, the trader—

(a)must provide it within a reasonable time and without significant inconvenience to the consumer; and

(b)must bear any necessary costs incurred in doing so (including in particular the cost of any labour or materials).

https://www.legislation.gov.uk/ukpga/2015/15/section/56/enacted

(1)The right to a price reduction is the right to require the trader to reduce the price to the consumer by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount).

(2)The amount of the reduction may, where appropriate, be the full amount of the price.

(3)A consumer who has that right and the right to require repeat performance is only entitled to a price reduction in one of these situations—

(a)because of section 55(3) the consumer cannot require repeat performance; or

(b)the consumer has required repeat performance, but the trader is in breach of the requirement of section 55(2)(a) to do it within a reasonable time and without significant inconvenience to the consumer.

(4)A refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund.

(5)The trader must give the refund using the same means of payment as the consumer used to pay for the service, unless the consumer expressly agrees otherwise.

(6)The trader must not impose any fee on the consumer in respect of the refund. 

I trust we can resolve this matter amicably.

Thank you for your time and I look forward to receiving the refund as request.

Sincerely,

Nanako

Nanako

the_lunatic_is_in_my_head said:

It's a bit long on the details of what happened IMHO, OP note the warranty was £115 plus VAT so £138. It's important to set a (reasonable) timeframe and specifically state your intentions of using small claims if they fail to meet the request.

This looks pretty great, thank you!

What if they offer to come out and fix it again? I would rather this not happen since i no longer have faith in the company or the engineer, but how do i refuse that without looking unreasonable?

Nanako

the email has been sent, along with the proof of quote from a third party. We will wait and see what happens now

Nanako

Alrighty, we have a reply!

Its a pretty generic one wanting more information. Which i suspect they will use to look for loopholes to gaslight me into accepting the current state of affairs

How should I reply? Should I reply at all?

Nanako

An update, we are arguing

Nanako

Nanako said:

An update, we are arguing

Some notes:

They keep bringing up "my authorisation", trying to pin responsibility on myself here. When in actuality, in both cases, I explicitly and repeatedly told the engineer multiple variations on "You're the expert, lets do what you think is best". The engineer's own decisions determined both placements

The building isnt a prefab at all, it just has external cladding, bolted onto a century-ish old housing structure

The warranty is mentioned and accounted for in the contract i signed and uploaded here, which i have also sent them scans of

£90 isn't a gesture of goodwill, it is desperate lowballing. So far i'm not biting

the_lunatic_is_in_my_head

Hello OP

No obligation to have them back again.

Is your new installer putting the dish on the house? 

Nanako

Update: They caved, and i have won the case. I illustrated why i should get a full refund and pointed out that asking for only half is pretty fair.

I have been refunded to my satisfaction and am happy to close this case

They're still trying to mark their territory with this "no further action permitted" BS.  Its all smoke and mirrors to make me think i have less rights than i do, the gaslighting coming from this company is pretty spooky. But they have at least realised i'm not an easy victim