Section 75 - Solar company lost MCS

Murfmac

In May 2022 I paid a deposit for a Solar install at £6000. The install took place on 30th June 2022. Two weeks after I placed the signed order, the installer lost their MCS accreditation but never informed any customers. After 10 months of broken promises about how they were getting back their MCS they went out of business. 

I made a section 75 complaint to Tesco Credit card as I had placed £600 of the £6k on it as I always do with any large purchase. 

While the system has no MCS and due to MCS rules regarding accreditation post install by another installer not being possible without the installer removing everything and reinstalling plus they have to add to the system something that is MCS qualifying (battery storage / more panels) , it is working and producing power so I don’t want to have it taken off the house as this would cause damage to the home that would also need repaired (builder, roofer, painter and decorator, electrician). So as I want to keep it , I want the MCS as per the initial signed contract and the benefit of the SEG payments which are estimated to be between £14000 and £19000 over the 25 year expected lifespan of the system. 

So my question is, as I want to keep them and don’t want damage to my house, what are the responsibilities of the card company. The section 75 rules say that “the debtor should be left in the position they would have been if the contract had been fulfilled” 
my understanding of that, I may be wrong, is that I should be left with the MCS certified system, so Tesco should be either installing the battery system and gaining MCS approval ( I managed to find one company within 50 miles of my home that would quote it - £9987) or they should be paying the amount equivalent to my SEG payments which amounts to between £14k to £19k. Under no circumstances do I want the panels removed because the damage that would then need to her repaired would be very intrusive during a time when a family member is recovering and still going through more cancer treatment, so having multiple tradespeople pulling the house apart and fixing everything would be a nightmare and then I would have to pay around £10k for the system I bought last year for £6k due to the price of the system rocketing.

Even though I have had the one company around that would even consider it to quote , Tesco are now asking me to get the company back to do an independent assessment of the costs involved to repair all damage to the home and out the system right. However before I got them out before Tesco gave me strict instructions to not tell the company that I was in a section 75 claim so that they didn’t inflate the costs, so I didn’t they’ll them. Now they want me to go to that company who quoted to uninstall and reinstall to MCS standards while adding in a battery system , and ask them for a technical report on what is required repair wise! And I’ve to foot the bill to do this which they would refund IF they accept it!!!! 

What is Tesco Credit card under section 75 liable for?

sorry for the long post and thank you for any advice you can give. 

DullGreyGuy

Same as going to court, you have to prove your case with expert witnesses, quotes etc and the cost of getting those is added to the value of the claim.