Has your photovoltaic project turned into a scam?
The offer to install voltaic panels to produce clean electricity from the roofs of our houses may seem more than attractive. But beware, the famous photovoltaic scam is more common than we think. In this case, the use of an expert lawyer will allow you to effectively assert your rights and obtain compensation.
The photovoltaic scam in brief
The attractions of photovoltaic installation on the roof of your home are usually touted from the perspective of environmental protection and the fight against global warming.
But environmental sensitivity still seems to be too light an argument to make the sale of a photovoltaic installation a reality.
Also, photovoltaic panel installers highlight the many financial and tax benefits that come with the purchase and installation of photovoltaic panels.
The financial advantages put forward and linked to the installation of photovoltaic panels are generally the following:
– Guaranteed tax credits
– Production of electricity at a lower cost
– Possibilities of reselling the energy to ErDF and thus making a profit (the amount of which is of course very often overestimated by the companies that install and sell these panels).
The profile of companies specialized in the installation of photovoltaic panels
Many companies offer their services for the installation of these famous photovoltaic panels with virtues presented as miraculous and undeniable.
Unfortunately, this activity remains very poorly controlled and we note that most of these companies are generally not certified QualiPV by the Agency for the Environment and Energy Management (ADEME).
To achieve their commercial objectives, these companies specializing in the installation of photovoltaic panels are too often equipped with unscrupulous salesmen.
The latter are themselves only victims of their remuneration model, essentially based on a variable in relation to their results, and which encourage them to push you (sometimes heavily) to quickly sign their order form.
Some have even gone as far as promising and guaranteeing to individuals the certainty of self-financing of the installation by the resale of the energy to ErDF!
What problems with the installation of photovoltaic panels are concerned?
It may be problems that occurred at the time of installation of the panels and the unsuitability of the models chosen in relation to the configuration of the house.
For example, the problems of inappropriate size of photovoltaic panels that make them dangerous for the inhabitants of the house.
It can still be the lack of an inverter, which allows the photovoltaic panels to work or a lack of connection of the photovoltaic panels to the ErDF network, which is essential for the resale of the energy supposed to be collected.
And even if the connection was done correctly, disenchantment can still occur when you became aware of the increased or inflated rates of the installation: the gain you had hoped for is much less, and appears only after a number of years hardly attainable in view of the inevitable obsolescence of the material (about 25 years for an investment of 20,000€).
But that’s not all:
the purchase order you signed was usually also accompanied by an accessory loan offer that can put you in a frankly tricky situation.
Don’t despair: here’s what you need to do to defend yourself and assert your rights
Recourse is available to you if you face this type of photovoltaic scam, but do not forget that the amicable way often remains one of the quickest ways to get a repair.
Besides, isn’t it said that a good agreement is always better than a bad lawsuit?
If you want to try your luck in an amicable way, you can contact your installer by phone, and then send him a registered letter with acknowledgment of receipt. The latter will be essential if you then need to prove that you tried to resolve the dispute amicably.
Unfortunately, amicable remedies in this matter all too rarely yield results. The companies concerned are generally unwilling to compromise and often not very solvent (or in some cases already liquidated).
The litigation route is therefore in many cases the only way to hope to assert your rights. And to do this you have a multitude of remedies.If you want to act and assert your rights, you will need to approach a consumer law attorney who is an expert on issues related to photovoltaic panels.
The lawyers of our network deliver to you in video some precious elements on the subject of the photovoltaic panels scam:The court of cassation considers that the loan is cancelled in case of partial non-performance of the service of the linked creditAs this is an affected credit (consumer credit), in case of dispute, the court of first instance is competent.It is strongly advised to be represented by a lawyer specialized in consumer law that you will have mandated to defend your interests in the best possible way.
The possibilities of recourse are multiple. The good news is that the courts are generally very understanding and favorable towards consumers.
Still, you need to choose the right lawyer, that is to say a lawyer who knows the subject perfectly well to make a convincing demonstration of your prejudice before the judges. To defend yourself on this type of case, do not rely on a general lawyer and prefer lawyers specialized in civil law who will be more experienced on this specific subject.
Several angles of attack can be used by lawyers who are experts in consumer law and experienced in photovoltaic panel scam:
– The first angle of action that can be considered is that of the non-compliance with the conditions of form imposed by the Consumer Code in order to protect the consumer, layman, against companies, professionals. For example can be noted the fact that:
– The withdrawal form is not compliant,
– The name of the canvasser is not on the order form,
– The details of the financing are not on the financing contract,
– The delivery-installation date is not clearly defined etc.
Acting on the form of the contract will allow you to obtain a forfeiture of interest, which seems correct but insufficient, you will have to try to engage the responsibility of the lender from then on.
Plead deceptive commercial practice under Article L. 121-1 of the Consumer Code, which can be constituted by:
– Photovoltaic panels with defective installation can be characterized by a material that does not comply with the documents or does not meet the standards.
– A failure to connect the panels to the grid or a request for additional costs to do so when this was included in the contract at the outset.
– An overvaluation of the profits that may result from the resale of the energy to ErDF.
Most courts hold banks liable based on their fault in releasing funds
Courts challenge the liability of lending institutions, including depriving them of the repayment due to the bank’s misconduct.
Before paying the seller (the company that installed the photovoltaic panels), as a lender, the bank is responsible for verifying the complete and perfect execution of the sales contract.To do so, the bank must ask the company to submit a credit release order that it will have drafted and must certify that the company has fulfilled all its duties.
In a judgment of September 12, 2018, the First Civil Chamber of the Court of Cassation argued against the bank SOLFEA the terms of its financing order that was poorly drafted.
In this case, the contract between the company and the consumer stated that the company undertook to have the photovoltaic panels connected to the grid and to carry out the administrative procedures.
Where the bank SOLFEA said that the work was completed by specifying that were not included “the connection to the network and any administrative approvals”.
The Court of Cassation therefore considered this certificate as insufficient to establish the complete and perfect completion of the works.
The client is therefore reimbursed for what he has paid and does not have to pay future installments.
In a decision rendered by the First Civil Chamber of the Court of Cassation on January 9, 2019, the liability of the lender (the bank COFIDIS) was engaged due to the fact that the bank did not carry out verifications concerning the door-to-door sales contract.
This contract was affected bya defect of nullity for not respecting the rules enacted concerning the sale by canvassing which is analyzed as a loss of chance for the consumer. The bank was therefore deprived of its claim for restitution.
Plead deceptive commercial practice under Article L. 121-1 of the Consumer Code, which can be constituted by:
– Photovoltaic panels whose installation is defective can be characterized by a material that is not in accordance with the documents or does not comply with the standards.
– A failure to connect the panels to the grid or a request for additional costs to do so when this was included in the contract at the outset.
– An overvaluation of the profits that may result from the resale of energy to ErDF.
The customer is therefore reimbursed for what he has paid and does not have to pay future installments.