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Making a claim against a Givenergy installer
Making a claim against a Givenergy installer
Just in relating to Givenergy that is now “big discussion” and some ppl thinking of making a claim with installer under sales act. I wonder cause of how law is right now, especially smaller installers. Would one think they will tell customers you buy x,y and z from the wholesaler. They than install it , but will shield installer just for their labour costs not the “whole system” if i am making sense?
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10 Replies
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Proving that any installer knew the financial situation of Givenergy and that they knew the company would collapse isn’t going to be possible in court.
Most small installers barely seem to be able to keep their own finances running never mind doing advanced corporate analysis on a supplier.
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how law states at moment they dont need to know or not the financial status of givenergy
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they’ve gone into administration so if a failure then could be tricky to source but you have some legal rights with the installer, etc.
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Consumer law has always seen the relationship between the installer, as supplier, and the customer. That is the same if a manufacturer hasn’t stepped up on the warranty as that is not the legal relationship just how the installer recovers costs for a product failure.
If a consumer with a givenergy product that failed then that falls onto the installer, any insurance they have as may have cover there and in an alternative s75 Consumer credit act where a credit card is involved.
Importantly consumer law rights don’t always align with warranty provisions and there are usually statutory time limits.
I think Paul’s point is that if an installer installed givenergy equipment from the point they knew givenergy was likely to collapse into administration then there are further consumer remedies as installer shouldn’t be doing that without full transparency which almost all consumers would then not agree to givenergy being used.
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oh u and he means if for argument sake you can install, and I ask you to install givenergy system or u suggest to install one. Installer need to say state of givenergy? If so 100% agree there.
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that would resolve a number of issues with consumer law particularly misselling (as more expensive remedies there including cost of removal). It won’t cover everything such as failure as installer still at risk if product fails, etc. as I think it’d be hard to argue sold as seen on an install, but I’m not an installer or a lawyer so think there is too big a rabbit hole of where liability lands on a fault when a fully informed consumer agree anyway (e.g. Adding an extra battery to an existing Givenergy system).
Martin Lewis warranty schmarranty adage is rather relevant so any real case where for good reason the consumer wants givenergy then be very sensible to be absolutely clear in writing on any warranty, etc.
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If we had been a big GivEnergy installer and people tried to pull this crap when there is nothing wrong with the hardware then I would shut down the Ltd company and phoenix it the next day as a new legal entity.
All creditors paid off first to get trading terms straight away.
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to be honest if consumer was being resonable ie u say u setup home assistant system at ur cost to replace lost feature i think be mostly acceptable. Might have issue with octopus tariff but really octopus said always said to installers and products that u should never advertise support tariff support for life. So think offer just home assistant u being fair.
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All of this is speculation… and as such a waste of energy. If your gear is working, then chill. If it stops or if the portal goes offline, then deal with the issue at that point.
Let’s see how it pans out and what that impact will be before we get everyone in a tizzy with random speculation.
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In most cases the contract is with the installer, not the wholesaler, so they’re responsible for the full system (equipment + install), not just labour. They can’t usually avoid liability by saying you bought parts separately unless it was clearly set up that way from the start. In practice though, it really comes down to what your contract says and how the sale was structured.
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