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I have a solar water heating system on my roof which was installed

 
jomo1972's Avatar
  • Answered by:jomo1972
  • Barrister
  • Positive Feedback: 93.9 %
  • Accepted Answers: 2091
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in UK Property Law

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Customer Question

I have a solar water heating system on my roof which was installed in 2006. It was paid for using a credit card. It has never performed to anywhere near the levels predicted by the installation company which subsequently has gone into liquidation. A friend recently suggested that the credit card company were bound to compensate for a sale gained by creating false expectation. When I contacted the credit company they denied any liability. Are they correct?

 

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Country/State/Province of question: UK - Wales

Already Tried:
I have written to the Credit Card Company (Natwest visa)

Submitted: 298 days and 23 hours ago.
Category: UK Property Law
Value: £17.88
Status: CLOSED
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Expert:  jomo1972 replied 298 days and 20 hours ago.

Hi

Thank you for your question and welcome to Just Answer. I will try to help with this. Please RATE my answer OK SERVICE or above.

when did you buy?

Customer replied 298 days and 19 hours ago.

As I said, 2006. Deposit was paid in Dec 2005, roof stage payment March 2006 and final installment with payment Jyuly 2006.

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Expert:  jomo1972 replied 298 days and 19 hours ago.

If you used it to pay for an amount over £100 then there would be joint and separate liability of your credit card company.

However, time barring is an important issue in this case. You are almost out of time now to pursue you contractual rights at all. The period will run from the date of the last payment which would be July 2006. That will mean that you only have until July 2012 to bring a claim against them and that means actually lay a complaint at court. If you don't act then you will be out of time and your chances of getting it extended are low.

Obviously this doesn't necessarily mean that your complaint will succeed. That will depend on the strength of your argument that the solar panels under perform such that there was misrepresentation or misdescription of the goods. But if you don't act next month then you will be out of time.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Please rate my answer with OK SERVICE or more and then I will continue for free.

Expert TypeBarrister
Category: UK Property Law
Pos. Feedback: 93.9 %
Accepts: 2092
Answered: 6/23/2012

Experience: Bar Exams, over 5 years in practice.

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Expert:  jomo1972 replied 295 days and 8 hours ago.

Just wondering how everything is going?

Do you need any more help?

 
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