Credit card S75 Claim and amount due in damages

blueplanet2020

Hello 

Scenario:  I had an existing solar thermal system with a single panel on roof.  I decided to swap it for solar PV.  Installer and I agreed spec and I paid a 20% deposit of £2000.  Installer arrived to survey property and disconnected solar thermal panel without permission and left on the ground floor - he was only there to do survey.  He also inserted roof hooks into the rafters.  We agreed an install date a few weeks later.  Installer fails to turn up.  Stops responding.  I am left with a disconnected solar thermal system and hooks in the roof, without solar PV.

I submitted s75 to credit card company and recovered my deposit payment through charge back.  Bank refused to deal with s75 until after charge back as deposit recovery reduces loss.  I obtained three quotes from other installers for installing solar pv and gave them to the bank.  The quotes were higher than original installer.  I asked the bank to pay the difference between original cost of solar pv install and the lowest quote from new installers.  The difference is about £2000.

Entitlement

My understanding is that I am entitled to be put back in the same position as if the contract had been performed.  So this means the bank is liable for the additional costs.  Otherwise I am left without solar PV, with a disconnected solar thermal system and with hooks in the roof.

The bank is refusing to pay the additional costs, claiming that as I have received a refund (through the charge back) I am not entitled to the additional costs.  This seems to be complete garbage but would appreciate your views.   Thanks.

Grumpy_chap

blueplanet2020 said:

Hello 

Scenario:  I had an existing solar thermal system with a single panel on roof.  I decided to swap it for solar PV.  Installer and I agreed spec and I paid a 20% deposit of £2000.  Installer arrived to survey property and disconnected solar thermal panel without permission and left on the ground floor - he was only there to do survey.  He also inserted roof hooks into the rafters.  We agreed an install date a few weeks later.  Installer fails to turn up.  Stops responding.  I am left with a disconnected solar thermal system and hooks in the roof, without solar PV.

I submitted s75 to credit card company and recovered my deposit payment through charge back.  Bank refused to deal with s75 until after charge back as deposit recovery reduces loss.  I obtained three quotes from other installers for installing solar pv and gave them to the bank.  The quotes were higher than original installer.  I asked the bank to pay the difference between original cost of solar pv install and the lowest quote from new installers.  The difference is about £2000.

Entitlement

My understanding is that I am entitled to be put back in the same position as if the contract had been performed.  So this means the bank is liable for the additional costs.  Otherwise I am left without solar PV, with a disconnected solar thermal system and with hooks in the roof.

The bank is refusing to pay the additional costs, claiming that as I have received a refund (through the charge back) I am not entitled to the additional costs.  This seems to be complete garbage but would appreciate your views.   Thanks.

Another interpretation might be "entitled to be put back in the same position as if the contract had never existed".
That interpretation would mean reinstating the original solar PV system.
What would that cost?

blueplanet2020

That is the remedy for rescission.  It does not apply where there is a breach of contract.

born_again

blueplanet2020 said:

Hello 

Scenario:  I had an existing solar thermal system with a single panel on roof.  I decided to swap it for solar PV.  Installer and I agreed spec and I paid a 20% deposit of £2000.  Installer arrived to survey property and disconnected solar thermal panel without permission and left on the ground floor - he was only there to do survey.  He also inserted roof hooks into the rafters.  We agreed an install date a few weeks later.  Installer fails to turn up.  Stops responding.  I am left with a disconnected solar thermal system and hooks in the roof, without solar PV.

I submitted s75 to credit card company and recovered my deposit payment through charge back.  Bank refused to deal with s75 until after charge back as deposit recovery reduces loss.  I obtained three quotes from other installers for installing solar pv and gave them to the bank.  The quotes were higher than original installer.  I asked the bank to pay the difference between original cost of solar pv install and the lowest quote from new installers.  The difference is about £2000.

Entitlement

My understanding is that I am entitled to be put back in the same position as if the contract had been performed.  So this means the bank is liable for the additional costs.  Otherwise I am left without solar PV, with a disconnected solar thermal system and with hooks in the roof.

The bank is refusing to pay the additional costs, claiming that as I have received a refund (through the charge back) I am not entitled to the additional costs.  This seems to be complete garbage but would appreciate your views.   Thanks.

What do the T/C about this & removing existing structures?

Given there is no timeline of the banks process here. We can't answer any further, as it would just be a guess.