In the middle of an ASHP installation - a few questions (and issues)
Posted by: @wreckguruCertainly sounds like the MCS "something's gone wrong" time.
I can't fathom how they plan to redeem the BUS grant?
Time for a letter before action and then MCOL them for the cost to redo?
The best MCS could offer is writing them a "cease and desist" letter regarding advertising themselves as MCS accredited (which they are still advertising on their website BTW).
Trading standards/citizens advice won't offer any tangible recourse.
I owe them 2.5k on completion and commissioning and for me that [just about] compensates for the outstanding work, potential quality issues (hopefully nothing significant) and lack of guarantees. In fact they will never be able to deliver what I was sold as I specifically did not want an umbrella scheme which would sub contract the install and offer the sign off. I wanted it all done by one company.
I agree what you say about their proposed plan for the BUS grant. A total cluster and there is no way they will be able to claim this, or approach another MCS installer who has no affiliation with them, to retrospectively sign off our install, and apply for the grant. I suspect their visit the other day was the last attempt to suggest they could finish off some snagging knowing full well they have no chance of satisfying the full commissioning, and get paid. Now this notion has been put to bed I envisage the possibility that I won't hear from them again hence why I am now trying to rectify the issue with the homely controls.
@benson personally I would not give in yet - if you have what you said documented then contractually you are on good grounds. (I have extensive experience of commercial contract dispute negotiation and resolution.)
You should write to them (a without prejudice save as to cost) dispute letter setting out your contractual and statutory rights to have the job completed. You may engage a no win no fee to help you.
Remember they can sell your debt for up to 6 years, and they could have a different view to you - I would definitely have them agree your walk-away if that's your preference. Mine would be that whilst ever they are trading you seek to have a CCJ lodge against them to cover a new system installed by MCS-installer as per your contracted terms.
MCOL claims are up-to £25,000 and the Tribunals Service will help you arrange mediation which is part of the process.
I am not a lawyer, but I would review your contract if you like as it sounds like they are shafting you.
Thanks toodles I will make sure it is all provided in writing. Most of it already has (I compiled a document with all the various points and forwarded to them), and I just need to update it and resend perhaps.
A no win no fee is a useful suggestion as we are a bit time poor to be honest- FT jobs and busy family life.
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