Section 75 claim - solar installation damage

shamanicone

Hi all,

Back last December I had a solar panel install from a national company.

All Seemed OK until early January when there were heavy rain storms. I was sitting in my lounge when I noticed water running down a corner wall. On inspection of the loft, I noticed that a lug bolt from the panel rails had clearly gone in sideways through a rafter, splitting it. Water was seeping in through this bolt and running down the rafters in 2 directions, both leading to the corner of my lounge immediatly below.

I contacted the company who promised they would send someone out urgently to investigate. To cut a long story short, 2 weeks later a team arrived who found a broken tile under the panel above this area, they replaced it and left. During that 2 week period it had been raining heavily constantly leading to significant damage to the plaster of the wall and ceilings (and all the insulation had to be thrown out as it was sopping wet).

The company admitted responsibility and told me to get a quote to repair the damage and they would reinburse me. However, when I eventually managed to get someone in to asses the damage and quote, they refused to pay saying the quote was exessive.

I eventually got fed up with the companies excuses and opened a case with Barclaycard for a section 75 for the damage (thinking this night be a better route to take at this point as the whole thing had been paid on the card).

After several months of nothing much happening, Barclaycard have now contacted me to ask for an independant report that links the damage to my lounge to the install of the solar system .

I have no idea who to ask for this, and how it can be proved at this point.

Can anyone offer any advice please?

StewedApple

My immediate thoughts:-

1. Contact Barclaycard to establish what sort of report they are after.
2. Contact a qualified building surveyor and ask them if this is the sort of work they would undertake on your behalf - if they don't know they are likely to be able to steer you in the right direction
3. Have your insurers been notified of the issue - as they may also need to be involved.

MyRealNameToo

https://forums.moneysavingexpert.com/discussion/6685665/section-75-claim-solar-installation-damage

As a claimant it is your duty to prove your case not the defendant's job to disprove it. As such its best to gather your evidence early because as you say the passage of time may make it much more difficult to prove the case to the required threshold.

Generally you would be paying for a surveyor to do a report, could be a specialist roofing person or a more general RICS surveyor. In principle a contractor could do it but they are going to have to write up a proper report on the matter not just a quote for fixing it and most wont want to do that. The cost of the report can be added to your claim if it supports your case but obviously your cost to cover if its inconclusive or says its caused by something else

shamanicone

https://forums.moneysavingexpert.com/discussion/comment/82158945#Comment_82158945

Thanks, no I havent involved my insurance yet as I was hoping it would be sorted without but perhaps I should

Woodstok2000

Surely you also have evidence from the installer where they've admitted they caused the issue? Doesn't replace a surveyor report, but it will help back it up.

StewedApple

https://forums.moneysavingexpert.com/discussion/comment/82158984#Comment_82158984

This may prove helpful.

You have a legal obligation to mitigate loss, and notifying them at this point may mean they take action now and then recover the loss from the installer/other parties (including the credit card company if this proves necessary).

If you fail to notify them it may affect any loss they pay out.

SacredStephan

You should contact your insurers ASAP. Your property has been damaged by a known third party and you have suffered consequential losses.

born_again

https://forums.moneysavingexpert.com/discussion/comment/82158984#Comment_82158984

Would be better to let them sort it. Barclaycard might still decline claim, given that the co offered to pay, but your quote was to high. Did you get more then one?

MyRealNameToo

https://forums.moneysavingexpert.com/discussion/comment/82158994#Comment_82158994

If it went to court then yes, but then if it went to court the bank may call the roofers as co-defendants and they may make other comments about their prior admission

To play devils advocate, they admitted they had caused damage but have already fixed what damage they believe they caused. Its unclear why the builder didnt come back and look again after fixing the broken tile didnt stop the leak.

I can certainly see why the bank wants a report given the admitted damage has been fixed and still hasnt fixed it… someone needs to determine if the fix wasnt good or if the problem is something else.

shamanicone

https://forums.moneysavingexpert.com/discussion/comment/82158994#Comment_82158994

I have but Barclays are saying it's irrelevant if they have admitted liability or not…

shamanicone

https://forums.moneysavingexpert.com/discussion/comment/82159193#Comment_82159193

They allowed a leak in my roof caused by 1) broken tile 2) Incorrectly fitted solar panel rail lug bolt, to allow a large volume of rainwater into my roof, and (because they didnt rectify the broken tile for 2 weeks), this wrecked the ceiling below, and blew the plaster from a section of the wall. Sure, the replaced tile solved the issue of further ingress but still left me with the damage to fix (which they agreed to compensate me for, but then didnt)