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I had solar put in 2 years ago.The system was apparently…

Customer Question
I had solar put...

I had solar put in 2 years ago.The system was apparently "cancelled" last November with no notice and I am now trying to get Velocity Solar to come check my system and to tell me who cancelled it and why? i had a PGE bill of over $900 since the system was not operating for 1 year and therefore i had to pay 1 years worth of PGE use at my "true up" bill. I am having trouble getting information on what happened and what they will now do. After 1 week of calls they are sending a person to check my system tomorrow..

Lawyer's Assistant: What state are you in? And is a local attorney or other consumer protection advocate helping with this?

Im in ca. no i have no help. I called an attorney yesterday but the said they could not help. Who should I contact?

Lawyer's Assistant: Have you contacted the manufacturer?

Velocity is the installer. I don't know who the manufacturer is unless it's also velocity.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just that I have left messages with one person for 2 days and he hasn't called back.. and the person who set up the 9 a.m. appointment for tomorrow did not even text me back to confirm the appointment until i texted her this morning.

Submitted: 7 months ago.Category: Consumer Protection Law
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Answered in 3 minutes by:
12/7/2017
Consumer Protection Lawyer: LegalGems, Lawyer replied 7 months ago
LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 13,711
Experience: Research Attorney; Private Practice; Attorney Mentor; Mediator
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Consumer Protection Lawyer: LegalGems, Lawyer replied 7 months ago

By canceled do you mean the installer disabled the solar devices?

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Customer reply replied 7 months ago
someone disabled the system. Velocity claims they dont know who. Someone named Fred told me it was disanled on 11/6/16 due to a "shading issue" but i dont remember how i contacted Fred. I have financed through Hero and thought he was with them, nut Hero now says. There is no Fred..
Consumer Protection Lawyer: LegalGems, Lawyer replied 7 months ago

The installer would generally only be liable if they were negligent in the installation or somehow allowed access to the panels without the owner's permission.

If the installer completed the installation and a third party tampered with the panels, that would not be the installer's responsibility to remedy under a warranty; so a third party company or the installer may be hired to rectify the situation.

If the identity of the party that disabled the panels without permission is identified they can be held liable for trespass which can include actual damages (ie energy costs), damages to enable the panels, and even punitive damages to punish the defendant.

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Customer reply replied 7 months ago
It turns out that it was the other financer that "cancelled" their financing. I then was financed under Hero. So we dont know why the system is down, they will figure that out when they come tomorrow. They did not tell me that i would not have monitoring since i changed to Hero, so now i know. I probably dont have any recourse since i was supposed to be monitoring the system. Hopefully it will get fixed and im only out $900.
Consumer Protection Lawyer: LegalGems, Lawyer replied 7 months ago

Yes I certainly hope so.

There is a legal doctrine where a plaintiff is expected to 'mitigate' or lessen their damages whenever possible; so if there is a duty to monitor (and the plaintiff has the ability to do so) then the court would generally deny recovery. however if any party was in breach of their duty the court may exercise their equitable discretion to award partial damages.

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Consumer Protection Lawyer: LegalGems, Lawyer replied 7 months ago

Did you have any questions on the above?

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars 🌟🌟🌟🌟🌟*****

as I strive to provide my customers with great service. ☺️

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. The terms addressing this can be viewed here:

http://ww2.justanswer.com/terms-service-0#information

Thank you and take care.

Ask Your Own Consumer Protection Law Question
Consumer Protection Lawyer: LegalGems, Lawyer replied 7 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
http://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html
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