My Solar install and Section 75

bacard1

I had a solar installation fitted at my house, it wasn’t done very well and didn’t comply to regulations (both BS7671 and the MCS). I complained to the MCS (after the installer wasn’t very helpful) who forwarded my complaint to the NIEC as they investigate their complaints. I also complained to NatWest under section 75.

Natwest requested an independent report which we did and sent it to them. They made an offer to settle the claim against the bank and its subsidiary companies (Which we accepted). Now the NIEC has instructed the installer to return as his work isn’t to British Standard. He has contacted me requesting a date we’re available.

My question is should I let them return as we were going to get the install repaired using the money from NatWest. If we do will NatWest try and reclaim the money from us?

DullGreyGuy

You are entitled to claim from one or the other, to claim from both would be unjust enrichment. 

To do the right thing would be to tell the original company the bank has already paid out and then use those funds to get someone else to fix it. Alternatively you could allow him to come back (though would you want to given the problems?) and repay the money to the bank. 

Reality of what a lot of people would do is pocket both and hope no one notices

bacard1

Thanks I’ll tell him to clear off. I’d rather not risk the bank taking the money off me. I’d rather get a decent company. I’m sure they will be seeking to recoup it from him.

th081

If he is willing to fix the issue it seems like he is fulfilling the contract and NatWest will want it's money back once they know. If you reject his offer a decent chance NatWest will want their money back.

bacard1

He is only willing to fix it as he has been ordered to by the Niec as his installation was so poor. The offer Natwest made wasn’t for the full amount of the system just an amount to stop court proceedings against them. I had issued letters before action. They are both creditors so natwest we’re free to contact the trader and arrange to have him fix it. I’m free to purse either or both. However they didn’t they just offered me an amount of money not to proceed against them or subsidiary. 

th081

It does not matter why he is fixing the issue just that he is. 

DullGreyGuy

th081 said:

If he is willing to fix the issue it seems like he is fulfilling the contract and NatWest will want it's money back once they know. If you reject his offer a decent chance NatWest will want their money back.

Natwest is jointly and severally liable to the merchant, as long as the OP only receives a resolution from one they are free to pick and choose which of the two it is. Just because afterwards the merchant has offered to put things right doesn't mean the OP has to accept it nor give the monies back to Natwest (unless they choose to accept the merchants offer)