Dispute with a Solar Company

LDKofCamelot on 30/09/2015 - 10:38

Hi everyone,
This is my first post on Oz bargain. Thanks in advance for your opinion and advice.
I try to summarise my situation as shortly as I can and make it easy to understand as well.

  • I signed a contract for 5Kwh solar system as the salesperson at the showroom suggested and assured me that there are enough space. Deposited 1/3 of the whole amount, balance will be paid instalments within 5 month time.

  • On the day, the subcontractor installer of the company came, measured and said only 16 panels would be fitted on the main roof ( which faces North. The job could not be done on the day.

  • The salesperson rang me and said 18 panels could be installed on the main roof according to another electrician. The contract had been adjusted for 18 panels.

  • 2 weeks later, the job was done. However, the installer didn't show me how they are going to lay out the panels. I found out days later that there are 20 panels on the roof, not 18. The layout is as following: the bottom string has 11 panels, the middle string has 6 panels, the top string has 3 panels.

  • 1 week later, the salesperson rang and asked me to pay more for the 2 extra panels. I refused and she said they would come to remove those two panels. They texted me that they would come on Wednesday for the removal. My husband was at home all week because he was sick to supervise the removal. However, they didn't show up until Monday of the following week without any notice. No one was at home, and they removed 2 panels of the top string, leaving only one panel left on that top string.

  • I came home after work, rang them up straight away to complain about the weird layout as the result of their removal. I also sent them email, rang them up many times to talk to the boss/manager and requested for the rearrangement of the layout. They didn't reply or ring my up until they couldn't withdraw money from my credit card one month later. They refused that they did nothing wrong, the layout should be like that.

  • Yesterday I received a letter from them stated that they are going to come to remove the solar system because it is still their property if I do not meet the payment. Also they are going to put my name on Credit Watch.

  • If you were me, what are you going to do? Could I lodge complaint to VCAT?

Thanks again for reading my post and giving your opinion.

Home & Garden

Comments

  • nocure on 30/09/2015 - 10:49

    You need to pay what you agreed in the contract.The solar system is the property of the company until they receive full payment from you and are entitled to remove the system.

    • DKofCamelot on 30/09/2015 - 11:05

      Thanks, I stop the payment because I want them to fix the layout. I am willing to pay if they fix it. I am just afraid that if I pay the balance, they are not going to do anything to fix it.

  • ykwon10 on 30/09/2015 - 11:09

    OP, I am no expert in Solar Panel arrangements or anything but if I may ask, what is wrong with 11,6,1 layout? What would be your preferred layout? What are the pros and cons?

    • DKofCamelot on 30/09/2015 - 11:17

      My prefer layout is 9,6,3.

    • GnarlyKnuckles on 30/09/2015 - 12:01

      I'm guessing it's all about aesthetics here ykwozmo.

      • Cheeper on 30/09/2015 - 12:04
        +1

        Why not… paying all that money you don't want an eyesore on your roof.

  • Cheeper on 30/09/2015 - 12:04

    Visual appearance should be considered by the installer. Damn rude for them not to do so.
    Contact VCAT… from your side of the story it sounds like this co is being disreputable.

  • highon2str on 30/09/2015 - 12:17

    If you paid for a 5kW system and ended up with 20 panels (as you should) on your roof, I don't see the problem here? Unless the amended contract + extra cost of 2 panels does not equal your initial quote?

    Which solar company is this?

      • highon2str on 30/09/2015 - 13:08

        Yes but they ended up potentially paying less after amending the contract, so taking that in to consideration, and factoring in the additional cost of an extra 2 panels to make 20, which was what was agreed on in the first place, does the total cost equal the first contract?

        If it is lower or equal to the first contract, then I don't see the problem.

  • oscargamer on 30/09/2015 - 12:49
    +1

    read the contract

    you are required to pay for what is in the contract

    if the contract mentions layout of the panels or aesthetics or similar, then that section applies

    if the contract is silent about layout/aesthetics, then you have what you paid for - if the relationship with the company is at all good, then you can ask them to relocate the panels, but otherwise SOL

    • oscargamer on 30/09/2015 - 14:56
      +1

      sub standard? i do not agree

      the contract will be a performance based contract, not an aesthetic one

      does it produce the right power? does it comply with legislation?

      it would be nice if it looked nice, but unless the installation has breached the contract or legislation, then SOL, but once the OP gets back to us, we will know

  • chumlee on 30/09/2015 - 15:06
    +1

    They cannot just come onto your property and remove panels without your permission even if you haven't paid in full yet. That is trespass and potentially theft. Ownership of panels does pass onto you even though you have not paid in full yet. I would be telling them you will file a criminal trespass complaint with police unless they drop all their demands and consider the money still owed as what it will cost if you were to get someone to come and correct the poor layout of the panels.

      • chumlee on 30/09/2015 - 15:14

        Contracts cannot override common law.

    • ykwon10 on 30/09/2015 - 15:14

      Try stop paying your mortgage for months and see if the bank will "trespass, takeover and sell your house"?

      • chumlee on 30/09/2015 - 15:17
        -2

        Yes but the bank goes to court and gets an order of repossession. By the time your house is repossessed it's many months down the track and you are aware of it and you have had a chance to fulfil your obligations.

        • ykwon10 on 30/09/2015 - 15:20

          So what is stopping the Solar Company from going to court and gets an order of repossession? At the end of the day, the panels do not belong to OP unless paid in full.

        • chumlee on 30/09/2015 - 15:27
          -2

          Nothing is stopping them from complying with the law except for themselves.

  • oscargamer on 30/09/2015 - 17:53
    -3

    chumlee - wow….just wow

    trespass….theft….ownership of panels

    you know so little, but think you know so much. typical keyboard/armchair critic/expert

    please look up the definitions of trespass, theft, then read up on contract law and the situation the OP outlines, have a long think and then post again.

    • chumlee on 30/09/2015 - 18:05
      -2

      You play the man I play the ball.

      • oscargamer on 30/09/2015 - 18:40
        -1

        that wasn't a long think…..or maybe it was for you ;)

  • oscargamer on 01/10/2015 - 16:59
    -3

    charlie

    it's replied not replyed

    and it's you're not your

    i'm still waiting for the OP to add some more info

    ;)

  • highon2str on 01/10/2015 - 17:06

    Yous 2 shood of get uh roomz.

  • oscargamer on 01/10/2015 - 17:15

    :)

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