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Legal advice: unfair cut to heat pump refund

A close up of a contract on a clipboard being worked on by two people

If a refund isn’t paid in full then the Consumer Rights Act 2015 can help. Here’s how we helped challenge a firm when a heat pump installation went wrong.

On 4 June 2021, Which? member John  paid a deposit of £7,336 for the supply and installation of a ground-source heat pump. However, John had concerns over a lack of communication from the
business.

He contacted the firm within the 14-day cooling off period to cancel, but he was convinced to stay. Further poor communication led to John deciding to cancel the contract on 26 July – seven weeks after signing up.

John assumed he would be repaid in full, but later he was told that costs totalling £1,085 had been deducted from the refund, which included the initial visit and an ‘assessor bonus’. After unsuccessfully challenging this cost deduction, John contacted Which? Legal for advice.

Contractual terms

The Consumer Rights Act 2015 states that contractual terms which require consumers to pay compensation when they cancel a contract must be proportionate to the service that has actually been provided.

As the initial visit and assessment were completed prior to the contract being signed, these costs should not have been charged as they had not arisen as a result of the contract.

After challenging the business, John received a cheque in the post for the full refund of the deposit.

Have a legal question of your own?

Which? Legal offers affordable legal advice, over the phone and by email to help you tackle your problem or issue.  

The team of legal advisers will give you tailored information and advice on your rights and next steps, so you can handle your issue confidently.  

Which? Legal can help on a range of topics, from faulty goods and car purchase issues to landlord and tenancy issues, plus much more.

To find out how the team can help you, call Which? Legal on 0117 405 5695 or visit Which? Legal.

Comments

The cases reported by Which? Legal have demonstrated what consumers can achieve when supported by good legal advice.

It would be very helpful if Which? Legal would look at some of the problems with Currys on Which? Conversation, for example here: https://conversation.which.co.uk/shopping/currys-pc-world-complaints-faulty-goods/

Education is part of the remit of Which? and a little teaching could help more of us fend for ourselves.

It would be useful if the cases were described in a little more detail. They often leave questions about exactly what happened. One recent complaint is about a Robert Dyas garden bench that broke after a year. It would have been useful to see just how and where it broke after, presumably, a year’s use. And, if it were clearly badly designed, what model it was so others could avoid it.

Which? seem to ignore any requests to deal with Currys.

Jacquelyn says:
1 March 2022

PERHAPS THEY ARE SPONSORED BY CURRYS OR HAVE SHARES IN CURRYS – JUST MY YORKSHIRE SENSE OF HUMOUR X BUT LOTS OF TRUTH IN HUMOUR X X X