Hero Renewables Review

by Tom Allerton

5th March 2019

Preface

This page explains in detail the numerous issues I've had while dealing with Hero Renewables. This version is quite long and has all the details of my communications with them, so if you just want an overview there’s a shorter version on the overview page.

As a quick introduction, I paid a deposit to Hero Renewables to install an Air Source Heat Pump (ASHP), but later decided to use an alternative company. I cancelled my order before any work had been done at which point I was due a full refund of the deposit. Hero Renewables failed to pay after 2 and a half months so I did a chargeback through my credit card provider. This was rejected because they challenged the chargeback by submitting false information to their bank. I finally received the refund 8 months after cancelling, but only after contacting the HIES consumer protection organisation. During the whole period I experienced, among other things: Hero Renewables charging me for work that wasn’t done, trying to pass on costs to me which they were not allowed to do, making false claims to their bank to challenge the chargeback, not responding to communication, being obstructive to my requests, and being dishonest, rude and hostile towards me.

HIES is one of several consumer protection schemes that renewable energy installers have to be a member of if they offer MCS certification. If you're wondering if my experience might just be a one off then consider that during this issue HIES told me that Hero Renewables were expelled from their scheme for breaching their code of practice. They told me that this was as a result of many complaints, not just mine. Also there are numerous negative reviews on their Facebook page and the reasons cited are lack of communication, blaming customers for their errors, misleading sales tactics and being untrustworthy; all the same problems I've experienced.

If you need more evidence of their untrustworthiness, a small amount of digging on Facebook reveals that at least 6 of the 8 positive reviews on their business page are fake as they’re from employees or friends of their director Martin Murphy as I’ve described here. They also have a profile on the YouGen website where every single review is overwhelmingly positive. It looks unbelievable, and it is because there are some very suspicious patterns to those reviews which makes me believe most of them are also fake. I've described my finding on the fake reviews page.

To provide evidence of the issues I have presented all of the communications I had with Hero Renewables on this page. I've written it so you don't have to read all the communications - each section gives an overview of the communication, and the actual email or phone transcript is in a hidden section below. If you want to read the full details, click on the section header to open and close it. All emails are reproduced verbatim and phone conversations are an abridged transcript from my recordings.

List of Issues

My problem with them was not just one small issue: they acted unlawfully, dishonestly, obstructively or with absolutely no care or concern for me as a customer at just about every stage of the process and on multiple occasions. The following is a brief list of all of the individual events that contributed to the issue:

Introduction

In November 2017 I asked Hero Renewables to provide a quote for installing an Air Source Heat Pump (ASHP). I then placed an order, but later cancelled that order and eventually had an ASHP installed by another company. The main issue stemmed from the actions that Hero Renewables took after I cancelled my order. However after cancelling I received information that gave me the belief that the salesperson misrepresented certain facts which caused me to place the order in the first place when I may not otherwise have done so. I will therefore briefly explain these events as it's required to understand some of my later actions. I will only talk briefly about this part because although it precipitated the main issue, it was ultimately not an important facet. I will focus on the main issues which were caused by the actions of the two company directors, Jill Oldham and Martin Murphy.

Critical to the complaint is that as part MCS accreditation, the installer MUST register the deposit with the consumer protection scheme (in this case it was the Home Insulation & Energy Systems Contractors Scheme (HIES)) who guarantee the deposit so if the installer goes bust, the customer is protected. HIES rules say that the installer cannot pass this cost directly on to the customer under any circumstances, and this was confirmed to me by HIES. Note that I did not know this until fairly late on in the complaint.

Phase 1: Quote from the Salesperson

Several weeks after the salesperson visited by house, but before I received the quote, I received an email dated 13th December 2017 stating that there would be a 5% increase in prices from 1st January 2018. Later that day I received the quote which he said was based on the old prices and was valid for 30 days. The problem was that this was my first quote, and I wanted at least 3 quotes before making my decision, but because of the Christmas period I was unlikely to get any further quotes before the end of this 30 day period. After further discussion on the phone he said there were "no exceptions" to the price increases and he suggested that I could place an order and pay the 5% deposit to fix the current price for 6 months. He said it was "fully refundable" but at no point did he mention any time limit to receive the full refund.

Therefore, on 11th January 2018 I placed the order and paid £466.99 by credit card. The quote contained a link to terms and conditions on their website which said

"After signing this contract, you have a cancellation period of 14 days during which you may cancel the contract without penalty. If you cancel within this time, we will return any deposit you may have paid in full. If you cancel after this time, we may have to charge you based on the actual costs we have incurred by the time you cancel."

I thought I was OK because I made it clear I was paying the deposit only to hold the price and therefore no costs should be incurred, and also because this course of action was suggested by the salesperson. Furthermore I phoned the salesperson after 13 days and asked whether I would still get a full refund if I cancelled "in another week" and he replied "yeah".

In retrospect I should have paid more attention to the terms and conditions rather than believing the salesperson. However ultimately the salesperson did make a false statement to me. In the end, Hero Renewables didn’t incur any charges they could pass on to me which meant that it was not necessary to argue that this was misrepresentation. Unfortunately I didn't know that the HIES cost could not be passed on to me until much later in the complaint, so at the start of my complaint I focussed on the misrepresentation.

Phase 2: The Cancellation

On the 8th February 2018 I cancelled the order. I should note that the only reason I cancelled my order was because I felt better about another company's offer; at this point I had no reason to fault Hero Renewables and even stated that I would recommend them to a friend who was also looking for an ASHP. I phoned Hero Renewables’s customer service number which just happened to be answered by Martin Murphy who is one of their company directors and calls himself their "sales and marketing director".

Martin made a deal of this being their first ever cancellation. Critically he asks if any work had been undertaken, he assumes there wasn’t and I confirm that was the case. He states that because it’s beyond 14 days there will be some charges for “registering warranties and things like that” but he couldn’t tell me how much that would be except saying it would be “fairly minimal”. I didn’t argue this at the time as I thought I would review the terms and conditions first. He also said he would guarantee to match the quote from the other company if I sent it to him, although I did stress that I had already confirmed my order with the other company so this probably wasn't possible.

Phone call: 8th February 2018 15:33
Me: I've decided to cancel my order, and I'd like the refund for the deposit.
Martin: You will in fact be the first ever refund in the history of the company.
Me: I paid the deposit to hold the price based on the advice of the salesperson, which was the ony reason I placed the order.
Martin: On the quote there is a link to the cancellation page on our website, can you click on that please.
Me: OK
Martin: I see it's been longer than 14 days, it's absolutely fine, it just means if any work has been undertaken which I'm assuming it wouldn't have been done.
Me: No it hasn't.
Martin: It's fine. On the form it says there is a 14 days limit. It just means "there will be a couple of small admin charges for registering warranties and things like that", but I'll pass it to the accounts department and they'll get in touch with you and will be able to refund the deposit minus any of those admin charges.
Me: Do you know how much they will be?
Martin: I honestly don't know, as I said this is new for us. I say an admin charge, it's not an admin charge, it's purely and simply for deposit protection insurance and things like that that we have to do. It will be fairly minimal. I'll let you know as soon as possible.
Me: OK, I've just submitted that now.
Martin: Can I ask why you cancelled?
Me: As I said, I only placed the order to hold the price to give me more time to get other quotes.
Martin: So you've decided to go with another company then?
Me: Yes. I was very close to choosing you, I just had to choose one way or another.
Martin: Of course, we just like to know.
Me: They were a bit cheaper and they included radiators in the price, I got an additional quote from you for radiators but it was very high.
Martin: OK, it doesn't sound like there's much we can do to bring you back.
Me: If you can offer anything there's the potential I can change, but I'm quite far along with the other company.
Martin: If you send over the quote of the other company I can guarantee to match it.
Me: OK, that's interesting, it might be too late because I think they've started doing work.
Martin: I understand, if you can do I can match the quote. We don't like losing business so if you send it over we'll see what you can do. Here's my email address....I'm Martin Murphy the sales and marketing director.
Me: OK I'll see what I can do, it's a good offer but I think it's probably too late.
Martin: No problem at all, bye.

I sent him my other quote immediately by email. Several days later on 13th he replied with an offer to match the quote, and stated that if I didn't want to proceed that he'd pass me to the MD to process the cancellation and refund.

Email received: 13th February 2018 15:59

Hi Tom,

Many thanks for this and apologies for the delay.

I would propose the following addendum to our quotation.

Current Quotation Value: £8,817.26

To include Mitsubishi EMP3-M Monitoring: £699.99

To include radiators supply only as spec below: £0.00

New Quotation Value: £9,517.25

As discussed, I am unable to do too much with our radiator installation costs as we don’t employee any domestic plumbers and have a policy of no subcontractors. However, this does give you £425.61 to play with over your other quotation in order to find a plumber to carry out the radiator installation. I would expect in the region of £300.

If this is acceptable and you would like to proceed on that basis, please let me know. Otherwise I will pass you over to our MD to process Hero’s first ever cancellation / refund!

Kind Regards,

I replied later that night respectfully refusing their offer due to it being too late to cancel with my other company, and asking to be refunded.

Email sent: 14th February 2018 01:02

Hi Martin,

Thanks for the reply.

Unfortunately I'm now quite far along in the process with Renergy and they have already made purchases, which means it's a bit too late to cancel with them at this stage. I'm certainly grateful that you have been able to match their quote, and had I not already committed to Renergy then I would have seriously considered this. As I mentioned on the phone, my choice was mostly because I have to choose just one company, rather than because of any problem with your quote; and I'd be happy to recommend you to anyone else looking for renewable technologies.

As such I'm afraid I will have to take the dubious honour of becoming your first "refundee"! It's worth noting that when I paid the deposit I did so only to hold the original quotation price beyond the 30 day validity period on the advice of Dave Richards to avoid your 5% price increase in January. That was to give me time to receive and assess the other quotes which I received later than yours due to the Christmas period, so I hadn't at that point made a final decision about my order.

Regards

-Tom Allerton

So at this point I've successfully cancelled my order, and Hero Renewables have agreed to refund me minus some "minimal" admin fees, the value of which they've not mentioned. I had not yet challenged this as I did appreciate that I was outside of the 14 day cooling off period, and I also believed I would be given at least a partial refund.

It should be noted that the law gives companies 14 days to provide a refund, so regardless of how much they were going to refund I should have received something within that period. Yet 3 weeks later I hadn't hard anything, so I sent a simple chasing email to Martin:

Email sent: 7th March 2018 10:13

Hi Martin,

Can I check on the status of the refund please as it's been several weeks and I've not yet received the deposit back.

Regards

-Tom Allerton

This was responded to fairly promptly, although I should note that was the last time Hero Renewables responded to any communication until almost 5 months later. Martin simply said that it was being dealt with by the MD, but didn't give any name or contact details.

Email received: 7th March 2018 11:58

Hi Tom,

I believe our MD is dealing with this with you and I have forwarded your email.

Kind Regards,

However another 10 days later I still hadn't heard anything so another chasing email from me, asking for details of the person who is dealing with it.

Email sent: 17th March 2018 16:06

Hi Martin,

Could you please send me the details of who is dealing with this please as I've still not received the refund or had any communication about it.

Regards

-Tom Allerton

I never got a reply to that email, so another 10 days later I phoned them. I only managed to speak to someone I assume was a general customer services person who took my number and said someone would call me back later that day. I did not get a call back.

Call: 27th March 2018 11:24
Me: I've been waiting for a refund for quite some time, I'm chasing up to see when I'll be paid.
Person: Let me just see who's available.
[Puts me on hold]
Person: Can I take a contact number please, to get someone to give you a call back
Me: Yes, it's [my phone number]
Person: I'll forward that on to the person who's dealing with it.
Me: Who is the person and when can I expect...
Person: It will be whoever is dealing with it in accounts. I've just spoken to them and they've asked me to get your number so they can call you back.
Me: OK, do you have any idea when that'll be because I've already sent several emails and I've not had any response.
Person: It should be today, I'll send this across now.
Me: OK bye.

I called again the following day but I was told the person would chase it up and was assured that it was being dealt with. However I again did not receive a call back.

Call: 28th March 2018 11:30
Me: I'd like to speak to someone about processing a refund.
Person: You called yesterday didn't you?
Me: Yes, I didn't get a call back.
Person: OK, bear with me let me see if someone's available.
[Puts me on hold]
Person: There's no-one available, I did email you details across yesterday, I'll follow it up again this morning when the correct person comes in.
Me: OK
Person: I do know about it so I'm dealing with it.
Me: OK thanks. Bye.

I left it a few days but didn't hear anything back. So the following week I called again. I should note that as the person didn't give their name, I didn't realise at the time that this phone call was in fact answered by Jill Oldham who is the managing director and the other company director along with Martin Murphy.

The important points of this call are:

During this call I mostly focus on the fact that the salesperson misrepresented the need to pay the deposit to hold the price when later I was offered a lower price anyway. In retrospect I should have pushed harder on the fact I still hadn't been paid the refund after 2 months.

Call: 3rd April 2018 15:22
Me: I'd like to speak to someone about processing a refund
Jill: Who's calling please?
Me: My name is Tom Allerton
Jill: Oh yes, the refund is being looked at you should hear from us within the next couple of weeks.
Me: I've been waiting 2 months now already, that is an unacceptable amount of time.
Jill: It's because your system was registered with HIES and a payment was made for the payment warranty, we need to see whether we can get that back or not, plus other expenses which need to come off the payment, but I don't believe we can get a refund from HIES.
Me: I'm expecting to have a full refund so how does this affect me?
Jill: It's because of the payment to HIES "of 90 odd pounds" and because you cancelled "after the date".
Me: (I explained that the salesperson had told me that the deposit was fully refundable.)
Jill: We're obligated to make the payment to HIES within 48 hours of receiving the deposit and I'm sure that the salesperson would have mentioned that at the time.
Me: It wasn't mentioned that I wouldn't receive the money back should I decide not to purchase the system.
Jill: You would have received the money back if you had cancelled within "30 days or something like that"
Me: I have 2 points, firstly I contacted the salesperson within 30 days to confirm how long I had and he mentioned 6 months, and did not mention not getting a full refund after 30 days.
Jill: (interrupting): 6 months is how long we guarantee the price for.
Me: That's wasn't made clear to me. Secondly, I only paid the deposit because I was assured by the salesperson that that was the only way the hold the price. However Martin Murphy later agreed to match the price indicating that there was never any real need to pay the deposit in order to hold the price.
Jill: We were just trying to look after you to make sure you got the best deal. Hero Renewables stands by looking after their clients and I do believe that's been carried out in this case.
Me: No it hasn't, you suggested that I should make a payment to hold the price, but then reduced it anyway, so there was no need to make the payment.
Jill: The conditions are clear in the quotation that the deposit is lodged with HIES. We've contacted HIES and they say the deposit is non refundable.
Me: But my agreement is not with HIES it's with you.
Jill: But we're not going to lose £100, we've rightfully paid the deposit and we can't be expected to make a loss on any expenditure.
Me: I feel that I was told to make the payment under false pretenses as presumably if I hadn't paid the deposit and still gone with another company, you would still have matched their price and therefore never needed to have paid the deposit.
Jill: I can't speak for what agreement you've made with someone else. You've withdrawn your order and the position we're in is that any costs associated with that would need to be passed on. I'm not suggesting that we pass on any other costs other that a fair cost that we've paid out for your protection.
Me: OK, I'll review all the terms and conditions and review the position. It still doesn't explain why I'm waiting more than 2 months after cancelling so can you please make sure you keep me updated as I've sent 3 email and this is the 3rd phone call, your communication has been poor.
Jill: Just out of interest why did you go with another company?
Me: That's not what I'm calling about and I've already spoken to Martin Murphy about that.

Jill had mentioned a 30 day cooling off period and said I cancelled outside this. I didn't pick up on it during the call, but in fact I did cancel within 30 days (11th January to 8th February is 28 days). I was aware that their terms actually state 14 days, but I wondered if she meant that HIES offered installers a 30 day cancellation period on their deposit protection fee. In that case they could have recovered that fee and therefore have no charges to pass on to me. To clear up the confusion I called back to confirm and query this.

The result was she couldn’t confirm anything about their cancellation terms and couldn't even confirm what their record of my cancellation date was. Jill then states that she will investigate and contact me "definitely" later that week. I never heard back from her.

Call: 3rd April 2018 15:46
Me: How long did you say I had from paying the deposit to be able to get a full refund?
Jill: Bear with me ...what date did you cancel your order?
Me: The 8th February.
Jill: It's normally 1 full month after receiving the deposit.
Me: I think I sent the deposit on the 11th January and I cancelled on 8th February.
Jill: Right, have you got the cancellation in writing?
Me: I made the cancellation via the cancellation form on your website.
Jill: So that's dated the 8th is it, have you got anything that states that date?
Me: No I didn't receive any confirmation but I was on the phone to Martin Murphy while I was filling out the form.
Jill: I'll have a look into that, at the earliest point I was aware you cancelled, the option to allow us to cancel with HIES was closed.
Me: So when do you think I cancelled?
Jill: I don't know I need to check that on the system and I need to check how long the cancellation period is.
Me: Does it show on the system me using the cancellation form?
Jill: No it doesn't, well it perhaps does but I don't have access to that information so I will gather that information and call you back. It won't be today but will definitely be some point this week.

A week and a half later on 16th April after not hearing back I emailed Hero Renewables and give them until the end of the week, 20th April to send the refund.

Email sent: 16th April 2018 22:16

Hello,

On 8th February I cancelled the order I made with you for quote Qxxxx. As of today I have still not received the refund of the deposit that I paid, nor have I received any communication from you to tell me when I will receive the refund. Please can you send me the refund by the end of this week, Friday the 20th April.

Regards

-Tom Allerton

By 21st April I had heard nothing. It was 10 weeks after I had cancelled, well beyond the 2 weeks the law gives them. I had no response to the previous 2 emails and they had not returned any of my phone calls despite stating they would on 3 occasions. It was beyond the 2 weeks Jill said I would hear something by in the first phone call with her, and well beyond the “later that week” she said she would contact me by in the second phone call.

I’d given them more than enough opportunity to refund me and I’d made more than enough effort trying to contact them to resolve the issue. With it being clear they had no intention of actually refunding me and with no other option, I submitted a chargeback request through my credit card.

It’s worth noting that because chargebacks works quite slowly, Hero Renewables didn’t become aware of my chargeback until 20th June, another 2 months later. In that 2 month period they still made no attempt to contact me nor to refund me.

Phase 3: After The Chargeback

This is the first chargeback I'd ever done. You receive the money back almost immediately, but the merchant then has an opportunity to challenge it. This is what Hero Renewables did, and on 30th July I noticed the money had been taken from my account again. My credit card provider stated that Hero Renewables challenged it based on the “costs they incurred being greater than the deposit”. This surprised be because Hero Renewables had previously stated that the only costs were the HIES deposit which was roughly £100 (but they hadn't stated an exact figure at this point) and “minimal” admin charges, they had never mentioned any other costs and certainly nothing as large as the deposit.

It wasn’t until after the issue was resolved that I received from my bank a copy of the evidence that Hero Renewables submitted to challenge the chargeback, but it is worth mentioning it here. Along with a copy of my contract, they submitted the following statement:

"The client was fully aware from numerous telephone conversations that costs had been incurred for his project which would require to be deducted. The costs outweighed the deposit but we chose not to send a bill to this client at this time. We registered the client deposit with warranty which also incurred our costs as well as the survey costs. The client is in receipt of the signed order/warranty documentation and has discussed the installation at length with our team prior to actually being asked to go to his property to carry out our full design survey".

If you have read the communication so far you will of course realise that most of this is a lie: they never mentioned costs beyond the HIES deposit (which in any case they were never entitled to deduct), and there was no survey, and certainly no discussion about it, that's completely fabricated! Remember this is the formal statement that Hero Renewables made to their bank to challenge my chargeback after they failed to refund me or respond to my communications. They eventually admitted that a survey was not done and that the costs were not valid. Therefore they had the correct information available, had they acted with care, but submitted this false statement anyway. As a result of this statement, the chargeback was unjustly decided in their favour.

After speaking to my credit card provider, I phoned Martin to question this. Martin said there was now a total of almost £650 on my account, the majority of which was charges for a site survey and technical drawings. This of course surprised me as it had not been mentioned before and no site survey or drawings had been done. When I asked why I had not been told about these charges he said that the account showed there were numerous phone calls that costs had been incurred on the project, in reality only the deposit protection fee was mentioned, and even then the exact value was never stated. When I queried the other charges he said he would investigate and get back to me by the end of that week.

For the remainder of the call I queried him on the apparent misrepresentation of the salesperson. In retrospect it was unnecessary as they were never entitled to deduct charges anyway. Critically I also ask him if the HIES deposit is a cost that I should bear and he says it is, when in reality it is not, although I didn’t know that at the time because I’d not yet contacted HIES.

You might wonder why I hadn't contacted HIES. Part of the agreement that installers have with HIES is that they must make their complaint handling procedure clear which includes telling customers about the HIES scheme. Of course Hero Renewables didn't have any complaint handling procedure whatsoever and didn’t tell me that I could get help from HIES, which they should have done as part of the HIES code of practice. It’s worth noting that their website including their T&Cs still contains nothing about handling complaints.

The critical points from this conversation are:

Call: 30th July 2018 11:35
Me: You might recall speaking to me several months ago about an order I placed with you.
Martin: I do.
Me: Can you tell me what's happening with the cancellation?
Martin (surprised): Has it not been dealt with yet?
Me: No it's not, I've heard absolutely nothing.
Martin: Oh, that's worrying.
Me: I've gone through my credit card to reclaim the money and they tell me that you are challenging it. I want to find out what's going on.
Martin: Ahh yes, that is correct. This did go to accounts and they said the amount on your account was more than the deposit that you paid. We would either send you a bill or write it off and we decided to write it off.
Me: (After Martin struggles to find the information) I asked to speak to you because I'd already spoken to you about it, if there's someone better to speak to about it then I'm happy to do so.
Martin: I can deal with it, I'm more than happy to do that. £466.99 was the deposit you paid, the deposit protection insurance was £102, the technical site survey that you had was £189, then you had technical design drawings that were £250, then an administration fee of 20% for the cancellation which comes to £649.20. That means there's an outstanding balance of £182.21 which we decided to write off. So there was no amount to refund to you.
Me: Question 1, why have I received no communication about this? I sent emails and contacted you by phone but I was not called back, it's really poor customer service.
Martin: I can only apologise, we'll investigate and find out why that was. As we don't have many cancellations we don't have a formalised procedure for it but there is now one in place. I can certainly find out why accounts haven't contacted you. There are records of phone calls on your account that was essentially stating that was the case.
Me: That what was the case?
Martin: Numerous telephone conversations that costs have been incurred for the project, I've not been into the phone records to tell you when they were.
Me: I have a list of calls and I've recorded everything so I know what was said. When I contacted you you mentioned the cost of the insurance, you're now saying there are cost for a site survey and technical drawings...
Martin: (interrupting) Absolutely.
Me: ...I've absolutely no idea what these are about, no site survey has happened and no technical drawings have been produced, I'm at a loss as to what those costs are. Furthermore I only placed the order to hold the price on the advice of your salesperson who claimed it was a refundable deposit.
Martin: Yes, within 14 days.
Me: That's not what the salesperson said at the time, regardless of that I don't know what these additional costs are about, no technical drawings or site survey has taken place.
Martin: All I'm looking at is your account on my screen, they've been entered by somebody, I can find out when they were and if that is the case I can remove them from your account. With the chargeback outstanding there's not a lot I can do about that. I can go back and look at this and if the survey didn't take place I can get the amount refunded to you.
Me: The money has been taken out of my account again, I'm contacting you to find out what these charges are. What is meant by a site survey and technical drawings, I find it bizarre that they're on my account when nothing has happened.
Martin: That's fair enough, all I'm doing is looking at a screen so without doing a bit of digging and talking to members of the team I'll be unable to confirm. As soon as I do I can get back to you.
Me: And how long will that take you?
Martin: I've had no confirmation that there's been any decision on the chargeback.
Me: Presumably you can check the site surveys before you hear about the chargeback?
Martin: Yes, of course we can that's absolute no problem at all but without the chargeback decision it's unlikely we'll spend much time looking into it. However I will do what I can do now, I don't know when I can get back to you but it should be within a few days.
Me: OK that's great, so I can expect to hear form you within a few days?
Martin: Within a few days, yes. I expect by the end of this week.
Me: I'm also confused about the insurance charge, I was told by the salesperson that the deposit was fully refundable and no time limit was mentioned.
Martin: It is clearly within the terms and conditions
Me: But when the salesperson suggested I pay the deposit he made it clear that there was no way whatsoever that I would be offered a price lower than what the price increase was, however when I cancelled you in fact offered to lower the price, so what the salesperson said was not true, and to me that's misrepresentation.
Martin: There is no misrepresentation, our prices are based on our supply prices and labour costs and a 20% profit margin, we only lower our prices if we have a competing quote.
Me: That's not what was said by the salesperson, if he had said you would match the price then I would not have paid the deposit, so I feel that I was misled into paying the deposit based on a situation that wasn't true.
Martin: The offer to match the price is at our discretion, it's not something we offer to everyone and it's not something we advertise.
Me: OK, but the fact is I made it clear that I was placing the order purely to hold the price, I don't understand why there are any costs whatsoever.
Martin: The insurance cost is an industry standard requirement as per the terms of our membership with MSC, HIES and the GGF.
Me: OK, but is that insurance cost something that I should bear and is that made clear in your terms and conditions that there will be a charged that will be applied to my account after 14 days?
Martin: It's a charge that is within our pricing and as per the terms and conditions, after 14 days we are able to retain the deposit money of expenditure that's happened on a project.
Me: Do your terms and conditions make it clear that will be an expense? It's reasonable to assume that if I told you not to do any work you should not have done anything that costs money?
Martin: Before 14 days yes, after 14 days no, if we listed everything that could result in a charge our terms and conditions would be massively long.
Me: OK, but I contacted the salesperson the day before the 14 days was up and asked him how long I have to get the refund and he didn't mention anything about that, surely he should have done in that situation?
Martin: If you have a record of that phone call that I can listen to or have something in writing.
Me: Yes I recorded the phone call where I called him the day before and asked.
Martin: You have my email address would you like to send that to me?
Me: Yes.
Martin: I'll take a look at it but our terms and conditions are very clear as is our cooling off period, as a company we are massively fair which is why we have our reputation and so few cancellations. Is there anything else I can help you with?
Me: No, I just need to wait you you to get back to me about the charges in the next few days.
Martin: No problem I'll get back to you in due course.

By 3rd August I hadn't yet received a response from Martin, but I had now "discovered" HIES and contacted them and confirmed that Hero Renewables weren't entitled to deduct the cost of the deposit protection insurance. With this new information I sent an email to Martin essentially putting my full complaint into writing, which essentially repeats what I've described here so far. One new aspect of this, after reviewing their terms and conditions was that they hadn't complied with the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. An overview of these can be found on the Which? website. One aspect is that merchants must offer at least a 14 days cooling off period, they must spell out the cancellation rights in writing, and critically this must be done on a durable medium such as paper, email, PDF etc. The reason for this rule is presumably so if the merchant changes their T&Cs, the customer still has a copy of the old version that applies to them. If the merchant doesn't provide the customer with the cancellation terms properly, then the customer automatically gets 12 months in which to cancel for a full refund.

Hero Renewables terms and conditions only existed on their website, they never sent me a version in any durable medium, and therefore they were not entitled to enforce their 14 day cooling off period, so in fact I had 1 year to get a full refund. Although it’s a procedural point, it’s another demonstration of them not treating customers fairly, and it means that if the case had gone to court, it would have been another strong argument against them.

Email sent: 3th August 2018 00:42

Dear Martin,

Further to my phone call on Monday, below is my brief timeline of events from placing the order.

  • On 11th January I placed an order with you paying a 5% deposit of £466.99.
  • On 8th February I cancelled this order, and in conversation with you was told that I would have to pay "admin charges" for "deposit protection insurance and things like that that we have to do" and that the cost would be "pretty minimal".
  • On 7th march I contacted you by email to ask about the status of the refund and you said the "MD is dealing with this".
  • On 17th March after hearing nothing I emailed you again to request details of who was dealing with it and I received no response.
  • On 27th March I phoned your customer services. I was told someone would call me back from accounts later that day, I received no call back.
  • On 28th March I phoned your customer services again. I was told someone would call me back, but again I received no call.
  • On 3rd April I phoned your customer services again and was told I that should expect the refund within 2 weeks and that the delay was caused because "the system was registered with HIES". A value of "around £100" was mentioned for the deposit protection insurance cost. The person I spoke to also mentioned the cancellation period was 30 days.
  • On 3rd April, immediately after the previous call, I phoned back to check the cancellation period as I certainly did cancel within 30 days. The person repeated that the cancellation period is "one full month after receiving the deposit". I was told I would be called back later that week, but was not.
  • On 16th April, after waiting 2 weeks, I chased again by email to info@herorenewables.co.uk giving you a deadline of 20th April to respond. I received no response to this email.

Due to the lack of response from you I then claimed the refund via my credit card. You have disputed this by now claiming that the total amount on my account is not only the just over £100 for the deposit protection insurance, but also additional fees for a site survey and drawing of plans which in total exceed the deposit amount. I note that the existence of these fees, and the value of the insurance fee, were not communicated to me until I phoned you on Monday 30th July, almost 6 months after I cancelled the order.

I believe I am entitled to a full refund of the deposit. There are multiple aspects of this situation, and below is my position on these:

Costs Incurred

You say that you are deducting various costs that you have incurred from the deposit that I have paid, and that as these costs exceed the value of the deposit you will therefore not refund me any money. You say these costs are the payment to HIES for deposit protection insurance, and fees for a survey and drawing of plans.

Firstly, between paying you the deposit and cancelling the order, no work was done by you. You did not visit my house and no survey was done, and therefore no drawings should have been produced. I asked you to verify what these costs referred to and you said you would investigate and get back to me later this week. Please do so. However as no work was done, these costs are entirely fictitious and you have no basis on which to withhold that money from me.

Secondly you claim that you are entitled to deduct the cost of the HIES deposit protection from the refund. Today I contacted HIES and they informed me that the cost of deposit protection cannot be passed on to the customer under any circumstances. Therefore you have no basis on which to withhold that money from me.

As a result, without even considering any other aspects of the situation, you have not incurred any costs which you are entitled to pass on to me, and I therefore expect the refund to be paid in full.

Communication of Terms and Conditions

My contract with you falls under the category of a "distance contract" under the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. This sets out what information must be provided by traders to consumers, and in what form. Regulation 16 (1) states "In the case of a distance contract the trader must give the consumer confirmation of the contract on a durable medium.". Durable medium would include the likes of an email, PDF document, or letter and is defined in the regulations as a form that has the following 3 properties: it is "individually addressed", can be "stored for future reference" and "allows unchanged reproduction of the information".

I received the quotation on 13th December via the "PandaDoc" service. The quotation does not contain the terms and conditions of the contract. It does include links to the following pages on your website: http://herorenewables.co.uk/contract-cancelation/ and http://herorenewables.co.uk/qtoc/. When I signed the contract electronically the only additional information I was sent was a receipt via email. No further information regarding terms and conditions was sent to me.

The links to the web pages containing your terms and conditions are not durable medium as it does not meet any of the 3 properties defining a durable medium. Therefore you have not provided me with the cancellation terms in accordance with the regulations, and Regulation 31 (3) states that in that situation the cancellation period ends 12 months after it would have done otherwise. Furthermore, regulation 36 (6) states that the consumer bears no costs of the supply of service in the event of a cancellation if the trader fails to provide the cancellation terms in accordance with the regulations.

As a result, even if you did incur any legitimate costs, because you have failed to adhere to the regulations with regard to providing the cancellation terms, I bear no liability for paying them.

Misrepresentation by Dave Richards

Finally, in light of the price rise that you announced coming into force on 1st January, I believe that the salesperson Dave Richards both misrepresented the need to me to pay the deposit to secure the price quoted before the price rise, and failed to provide pertinent information about the nature of the cancellation terms during his communications with me. In particular:

  • On 9th January he stated that there were "no exceptions" to new quotes going out at the increased rate after 1st January.
  • Despite mentioning that the refund was fully refundable on 2 occasions, at no point did he state there was a 14 day limit to receiving a full refund.
  • On 24th January I questioned him specifically about whether there were time limits on receiving a refund and he replied "no, not really, it's until we get the system installed or until we get to the next phase really". I then questioned again to confirm if I cancelled "in say another week" whether I would get a full refund and he replied "yeah" and stated that it was "refundable until you get the system installed".

Regarding point 1, the fact that you then later offered to match the price of a quote from another company indicates that Dave's statement was not true. While there may not have been deliberately misrepresentation here, it was nonetheless incorrect and led me to believe that paying the deposit was my only option to avoid the higher price.

Regarding point 2, after receiving your quote I stated to Dave that I was awaiting further quotes before making a final decision, and that I was unlikely to receive them before the end of the validity period of your quote partly due to Christmas slowing things down. Dave suggested that paying the 5% deposit was a way to extend the period of validity of the quote to avoid the price rise which you would implement if I let your quote lapse. He mentioned that paying the deposit would extend the validity period by 6 months, and that it was "fully refundable". He did not mention that it was only fully refundable within 14 days, which is clearly very important information that he failed to provide.

Regarding point 3, the responses given to me by Dave are completely different to what you tell me the cancellation terms are. January 24th was 13 days after I placed the order. Had Dave responded by saying "yes, there is a limit of 14 days after which various costs will be deducted from the refund" then I would have cancelled there and then, however Dave did not say that.

As a result, even if you did incur legitimate costs, and your cancellation terms were in accordance with the regulations, there was such a barrage of misinformation from Dave Richards that it's hard to see how I could have made an informed decision.

Summary

You admitted on Monday that your system for handling refunds was not up to scratch due to my refund being the first, and that you have made efforts to improve. There are also clear deficiencies in your processes, understanding of HIES, provision of information, communication and sales practices. I therefore hope that you recognise that you have fallen far short of good trading practices in this instance, and see fit to refund me the full deposit; and that you take the issues I have raised as lessons learned so that you can provide better customer service in the future.

To be clear, to resolve this issue I expect refund of the full amount of the deposit of £466.99, and I expect to receive this by next Friday, 10th August.

Regards

-Tom Allerton

Over the next few days I was also in contact with a Dispute Resolution Officer from HIES who started to investigate the case.

On 9th August, almost 2 weeks after the previous phone call with Martin I had still not heard back from him about the charges, despite him saying he would get back to me by the end of the previous week.

There was a sequence of emails between me and Martin where he claimed that they had not received the money back from the chargeback and included a screenshot of their banking portal showing the deposit still in a "disputed" status as evidence. However he refused to investigate the survey charges until the chargeback had been resolved, despite him saying he'd do so and get back to me by the previous week, and despite the fact that the resolution of the chargeback has no bearing on him being able to investigate these charges. Furthermore, he refused my simple request to contact his bank to confirm the status of the chargeback. I had contacted my bank during this exchange and they double checked and confirmed again that the money had been sent back to Hero Renewables’s bank.

At this point I wondered if they had in fact received the chargeback money but were not admitting it in order to delay proceedings. I don't know why they would do this other than to spite me upon realising I was strongly fighting it and they had little prospect of holding on to the money, but that's guesswork. It certainly doesn't make any sense why they would refuse to make a simple phone call to their bank, which is a further example of their obstructive attitude.

The critical points from these emails are are:

Email received: 9th August 2018 14:31

Hi Tom,

I have just had a message you have called.

We still have not had any correspondence from the bank relating to the chargeback and it’s status still shows as “under review”. We are not currently in possession of the deposit monies due to the chargeback process. Once this process has finished and it is back in our hands, I will then review the information below and formulate a response.

If you could please direct any correspondence to me via email until this time.

Kind Regards,

Email sent: 9th August 2018 16:28

Dear Martin,

Please can you tell me if your correspondents is with your own bank or my credit card provider? I can say that the deposit was recharged to my card exactly two weeks ago today.

Regardless of whether or not you have received the money back, you said that you would investigate the charges that you claim to be for a site survey and technical drawings, as I know that no such work was done, and that you would get back to me by last Friday. There is no reason why you cannot respond to me in the meantime. Considering it has been over 6 months since I cancelled my order I expect this matter to be delt with without delay.

Regards

-Tom Allerton

In the meantime I spoke to my bank to confirm what had happened to the money and they confirmed to me again that it had been returned to Hero Renewables's bank on 12th July. I actually mis-remembered what they said and stated 25th July to Martin, but it makes no fundamental difference.

Email sent: 10th August 2018 11:49

Dear Martin,

Further to my email yesterday, I contacted my card provider this morning and they confirmed that the money was released to your bank on 25th July.

Therefore I suggest that you contact your bank to confirm that is the case and respond to me to confirm that you have done so. There is no reason why you cannot do this before the end of today.

Regards

-Tom Allerton

Martin responded to this by claiming that he'd said he'd investigate when the chargeback process was complete. The previous week he actually said he'd respond "Within a few days, yes. I expect by the end of this week.", so another example of his dishonesty and obstructiveness.

Email received: 10th August 2018 12:28

Tom,

As per my previous email and our phone call of which you apparently have recordings of, I stated once the chargeback process is complete I will investigate on your behalf. This still stands.

Please see below screenshots from our merchant account.

Kind Regards,

At this point I was extremely unhappy at his attitude. As noted above he had actually said he would get back to me by the previous week. Also there was no reason he could not wait for the chargeback to be concluded before investigating. And in any case, the information from my bank was that the chargeback had been concluded, and given their dishonesty so far it was difficult to believe them over my bank.

Email sent: 10th August 2018 15:51

Martin,

My card provider has closed my chargeback request, charged the money back to my card, and confirmed to me that the money is back at your bank. You appear to be refusing to make a simple phone call to your bank to confirm this.

You have claimed that the reason you did not refund me is because of charges on my account exceeding the deposit amount. You have used this as evidence to challenge my chargeback. However you only made me aware of these susposed charges when I called you on 30th July. This is despite me repeatedly attempting to contact you in the 2 months after cancelling my order, during which you failed to respond to me. During my call with you on Monday 30th July you said you would investigate these charges and respond that week, yet you have not.

It is now 6 months since cancelling my order and your failure to communicate with me and provide me with information with which you are relying on for the basis of your claim to not refund me is extremely poor conduct.

I have given you a deadline of today to refund me. At the very least I expect you to respond to the issues I have raised. Whether or not the money is in your account has no bearing on your ability to respond to me or provide me with evidence of the susposed charges. This is information you should have provided me at the time I cancelled and your failure to do so is the reason why I requested a chargeback. I will therefore not accept the consequences of the chargeback process as an excuse for you to delay dealing with this case, especially if you are refusing to perform simple actions such as contacting your bank to confirm that the money is with your bank.

My next action in this case should you continue to fail to respond will be to initiate legal action against you to recover the deposit.

Regards

-Tom Allerton

Email received: 10th August 2018 15:58

I have given you the log of events from our merchant provider in the previous email. If it is the case your bank has closed the case, I wouldn’t imagine it being too long before we are alerted. Due to the chargeback process you initiated, we do not have your deposit monies. When we have confirmation the chargeback process is complete. I will investigate and come back to you with a response as previously stated.

Thank you for your patience.

Kind Regards,

After HIES Involvement

Shortly after this email exchange I contacted HIES again who confirmed that they had spoken to Hero Renewables and they had agreed to refund me in full. This was obviously good news, but I still needed to actually receive the money. Soon after I emailed both Martin and Jill to ask for them to confirm that they’d agreed to pay me and give me an estimate of when they would pay it back. Neither of them responded.

Email sent: 13th August 2018 11:51

Dear Martin and Jill,

I received a message from Charlotte Pilkington from HIES on Friday saying that she had spoken to Jill and that you had agreed to fully refund the deposit once you have received the money back into your account

Please can you confirm this directly and give me an estimate of when you can pay this back.

Regards

-Tom Allerton

So 2 days later I sent another email, and again they didn't respond. In a much later phone call Martin went on to state they had done everything to achieve an amicable resolution, yet here they are not even responding to a simple question!

Email sent: 15th August 2018 11:35

Dear Martin and Jill,

Could you please respond to my email sent on Monday and confirm whether or not you have agreed to fully refund the deposit to me.

Regards

-Tom Allerton

With no response by email I decided to phone Martin to get confirmation. This was an exasperating call as he absolutely refused to confirm what they had already agreed with HIES. He claimed that he would not agree to anything or give me any information until the chargeback had been decided. This is ridiculous on several accounts: firstly they had already agreed to refund me as I confirmed with Jill several minutes later so there was no reason to not tell me this.

Secondly there’s absolutely no reason why he couldn’t give me information (for instance about the survey charges) before the chargeback was decided. He claims he couldn’t tell me so that he’s “covered legally” but there are no legal issues with responding with facts about the case. In fact if this had been a court case he would have been chastised by the judge for not sharing facts about the case in a timely manner. There is no situation where not responding to a customer complaint is the right course of action. Martin is either completely clueless about how to handle complaints, or was being deliberately obstructive to frustrate me.

He also blamed the delay on me doing the chargeback, something they mentioned several times without any apparent recognition that their failure to refund me or respond to me in the first 2 and a half months gave me few options but to do the chargeback.

Call: 16th August 2018 15:19
Me: Hello, I’m following up on the two emails I sent earlier in the week, HIES have been in contact with Jill and you’ve apparently agreed to refund me. I’m calling to confirm that.
Martin: As I said before as soon as we get the decision back on the chargeback then I’ll update you, and until we get that confirmed I don’t want to promise anything. As soon as I get that, and I have on our system the latest we’ll get that is 17th September, hopefully earlier, I’ll confirm with you.
Me: But when you do get that back you have agreed to refund me, is that correct?
Martin: As I said as soon as I get that through I will confirm in writing anything that we’ve agreed.
Me: I’m confused, have you or have you not agreed to refund me once you get that back?
Martin: As I know that you’re recording this phone call, as soon as I have the results of the chargeback through I will confirm our next steps, I do not want to confirm anything before I get that through.
Me: That’s different to what HIES have told me.
Martin: I can confirm we’ve had a conversation with HIES and I’m sure they haven’t told you anything to the contrary of what we’ve told them. However until I get the chargeback decision, that’s when I will be updating you. Obviously if there wasn’t a chargeback we would have been able to pay you much sooner. As it is we are waiting the chargeback decision before we give any information through to you because that is the process that we have to follow and that’s the process that ensures we’re covered legally. So until we get a decision on the chargeback I can’t give you any further information.
Me: OK, and so I know, what is the decision on the chargeback that you’re waiting on?
Martin: You’ve told us the money has been taken from your account and that your bank is sending the money back to our account. At the moment we’ve had no confirmation from our merchant provider so when I get a decision on that I will update you.
Me: OK bye.

With a wall of obstruction from Martin I decided to phone Jill. She did confirm that they’d agreed to refund me, but made out that it was a "goodwill" gesture and that they had no obligation to pay me back. Remember HIES told me that they're not entitled to charge the deposit to me, and all other charges were fictitious, so I'd say they did have an obligation to pay me back! She claimed she was "more than happy" to repay me and it was "not in my interest to hold on to your funds", which are odd statements from a company which had failed to pay me in more than 6 months! She also referenced the number of times I'd phoned them, apparently without irony considering my numerous attempts to contact them are a direct result of them persistently failing to respond to my emails or return my calls.

Call: 16th August 2018 15:26
Jill: Hello, how can I help you?
Me: I think you're aware of the refund issue. I spoke to HIES last week and they informed me that you'd agreed to provide me with a full refund once you receive the money back from the chargeback.
Jill: Yes that is the case. We're not under any obligation to do that in that we have not recovered your deposit from HIES, but as a goodwill gesture and to allow is to get on with our lives, as far as I'm concerned I'm happy to pay all of your deposit back.
Me: OK that's good to hear.
Jill: But obviously not until the funds come back into our account from the chargeback. I think you're in receipt of some information saying that's already happened...but I can assure you it's not in my interest to hold on to your four hundred odd pounds and I'd be more that happy for that to come back to you as soon as it's in. I think the timeline is about mid September.
Me: Yes the money has been charged back to my card and they've said it's gone back to your bank. So long as it goes back eventually that's OK.
Jill: Yes I have agreed to do that.
Me: OK that's good to hear, and you think mid September?
Jill: From what I gather you're having to make quite a number of phone calls, I think if we leave it now until the middle of September, you have my assurance that we will send the money back to you.
Me: OK that's good to hear, just to confirm will you put that back into the card I paid with?
Jill: Yes we have to pay it back to the same card.

I was also in contact with my card provider during this period to determine the status of the chargeback as it seemed strange to me that my bank was telling me the money had been returned to Hero Renewables, yet Hero Renewables were telling me they hadn't received it. My card provider told me that the money had been sent to their bank on 12th July, it was now 16th August and Hero Renewables were telling me they won't be able to do anything until 17th September.

After contacting my card provider they again assured me the money had definitely gone back to Hero Renewables’s bank. When I asked them to investigate why it hadn't they said they would need a statement from Hero Renewables’s bank stating that they hadn't received the money and that I should contact Hero Renewables to ask them to contact their bank. I said that I’d already done this and but that Hero Renewables were being very obstructive, but they said there's nothing else they could do. I therefore phoned Jill again the following day to, on the advice of my bank, once again ask them to contact their bank.

Jill's attitude on this phone call was appalling, notably:

Jill did however on 2 occasions during this call say that she'd look into contacting their bank. It will be of no surprise that she never did do this, so yet another broken promise. She also repeated that she has no desire to keep hold of the deposit, which again is at odds with the fact that they failed to refund it within any reasonable length of time and failed to take any action which would expedite the repayment.

Call: 17th August 2018 10:10
Me: Hello, I'm following up on my phone call yesterday. I think you've told me that you're still waiting to receive the money from the chargeback into your account, is that correct?
Jill: Yes.
Me: I've just contacted my card provider to find out more about the chargeback process and what's happened. They tell me that when I did the chargeback they automatically took the money from your account and submitted my evidence to your bank. They then apparently declined that evidence and as a result took the money back from my card provider into their account. My card provider told me that happened on 12th July and that the money should be with your bank since 12th July. So I'm wondering if you can contact your bank to find out why that money is not showing in your account.
Jill: Yes we'll have a look at it over the next few days, it's definitely not there but it's not something I'll be dealing with today as I'm not in the office.
Me: OK fair enough.
Jill: But I'll deal with it when I can. (Raises voice) The thing is we're taking a lot of phone calls every single day with respect to this. Me, Martin Murphy and my other members of staff feel like we're being hounded on it. You will get your money back, as soon as it's back in our account you will receive it, I've no interest in keeping your four hundred pounds, but I would appreciate not receiving phone calls every 2 minutes about it, it's non productive for my business and as far as I'm concerned if you hadn't withdrawn your money through your card in the first place this would have all been sorted out by now. When the money is in the the account it will be forwarded back to you.
Me: I'm asking you to contact your bank to try and expedite that. And I don't appreciate that this is my fault for initiating the chargeback because...
Jill: (interrupting) As I said when the money is back in our account it will be returned to you and I will at some point next week have a look into this. Thank you very much for your time. [She then hangs up]

I immediately sent an email complaining about how I was treated, it should of course be no surprise that I never received a response and I've never received any sort of apology for her attitude.

Email sent: 17th August 2018 11:01

Dear Jill,

Further to my phone call just now, I must express in the strongest possible terms how unhappy I am with your attitude towards me. I will make and have the right to make whatever communications are necessary to Hero Renewables to resolve this matter. If you feel that you are being "hounded" then I draw your attention to the fact that Hero Renewables conduct in responding to my calls and emails is terrible. I have repeatedly sent emails which you have not replied to, repeatedly been told that I would be called back and have not been, and repeatedly requested information which you have not provided. What exactly do you expect me to do if you do not respond to me?

Below is my contact log from the time I ordered to the point I initiated the chargeback, and I have highlighted all the instances where I did not receive a response when requested.

  • On 11th January I placed an order with you paying a 5% deposit of £466.99.
  • On 8th February I cancelled this order, and in conversation with you was told that I would have to pay "admin charges" for "deposit protection insurance and things like that that we have to do" and that the cost would be "pretty minimal".
  • On 7th march I contacted you by email to ask about the status of the refund and you said the "MD is dealing with this".
  • On 17th March after hearing nothing I emailed you again to request details of who was dealing with it and I received no response.
  • On 27th March I phoned your customer services. I was told someone would call me back from accounts later that day, I received no call back.
  • On 28th March I phoned your customer services again. I was told someone would call me back, but again received no call.
  • On 3rd April I phoned your customer services again and was told I that should expect the refund within 2 weeks and that the delay was caused because "the system was registered with HIES". A value of "around £100" was mentioned for the deposit protection insurance cost. The person I spoke to also mentioned the cancellation period was 30 days.
  • On 3rd April, immediately after the previous call, I phoned back to check the cancellation period as I certainly did cancel within 30 days. The person repeated that the cancellation period is "one full month after receiving the deposit". I was told I would be called back later that week, but was not.
  • On 16th April, after waiting 2 weeks, I chased again by email to info@herorenewables.co.uk giving you a deadline of 20th April to respond. I received no response to this email.

You also suggested that the delay is my fault for initiating the charge back in the first place, but again this is only because in the 2 months after cancelling the order, covered by the contact log above, you had failed to respond to several emails and not called me back when promised. What exactly do you expect me to do in this case?

If you are genuinely bothered by the volume of communications that I am sending you then the simple solution is for you to have communicated with me promptly. I note in particular the reason you challenged my chargeback was the supposed survey and drawing charges which I did not even know about until 6 months after I cancelled my order, despite the many communications I made in the 2 months before I made the chargeback, and even then it was my bank who told me! Can you seriously blame the delay on my chargeback when you failed to provide this information? Had you done so then I would have challenged this directly with you but I cannot do so if you fail to communicate with me. I will continue to make whatever communications are necessary to resolve this matter as quickly as possible.

Regarding the actual reason for my phone call, I note your stated desire to not hold on to the money and return it to me as soon as possible. I accept and understand that you do not want to return it until the money is back into your account. This is why I have asked you to contact your bank to find out what the delay in the money being credited to your account is. I note that I also asked you to do this last Friday. Can you please get back to me with the response from your bank - I have noted that you are not in the office today, but I expect a response early next week, and if you are genuinely interested in drawing a line under this matter then I expect there to be no delay.

I have confirmation from my card provider that the money was transferred to your bank on 12th July and that this transfer would have been immediate, so I'm confident that the delay is caused by an admin issue at your bank, and once they are alerted to this they will credit your account promptly.

Regards

-Tom Allerton

The following week I received written confirmation from my bank of the date that the money had gone back to Hero Renewables’s bank, with advice for me to ask them to contact their bank. By the 24th August I had still not heard anything despite Jill saying she would investigate so I sent a chasing email including the letter from my card provider. Needless to say I didn't receive a response.

Email sent: 24th August 2018 11:26

Dear Jill, Martin,

Please can you update me with the status of contacting your bank to query the location of the money, which you said you would do early this week.

I have attached written confirmation from my card provider that the money was taken back by your bank on 12th July. Barclaycard have confirmed that your bank initiated the transfer, so I have no doubt that the money is at your bank and has been so for 6 weeks. As you can see, Barclaycard have advised me to ask you to contact your bank, which I first did 2 weeks ago on 10th August.

Regards

-Tom Allerton

As I hadn't received a response I tried to phone Jill on both 28th and 29th August. Both times a customer service person took my number and told me she would call me back, but of course she never did, demonstrating again just how dishonest Hero Renewables and Jill Oldham is, and how little they care about their customers.

It appeared they were deliberately not communicating with me, so as it was only a few weeks until mid September I decided to wait. On the 18th September I did finally receive an email from Martin Murphy which unexpectedly said that they'd received confirmation that the chargeback had been found in my favour. I cannot explain this as I'd had multiple conversations with my card provider, including a written statement from them stating the chargeback had been found in their favour and the money returned to them.

There's a few other interesting points in his email. He says "we have not held your funds throughout the dispute process so were never in a position to return the funds to you" which is not true, they had the funds in the 2 and a half months prior to me issuing the chargeback and they could have returned it to me then. Also he says "we have had no correspondence from any bank until yesterday", yet communication is two-way, they could have contacted their bank and I had been asking them to do so for several weeks, and Jill even said she would do.

I do note the apology from Martin about being unable to communicate amicably. However I find it rather weak in that he refers to our communication in general and fails to take responsibility considering the issue was caused entirely by their lack of response to my communications and failure to call me back when promised.

Email received: 18th September 2018 13:01

Hi Tom,

I’d like to let you know that as of yesterday afternoon we had confirmation that the bank has found the disputed funds in your favor and should return it to you in due course. Thank you for your patience in the matter however due to the chargeback initiated by you, we have not held your funds throughout the dispute process so were never in a position to return the funds to you. This remains to be the case.

I’m sorry we have been unable to communicate amicably throughout this and would have always been my preference however as we have had no correspondence from any bank until yesterday. I have been unable to give you any solid information.

If there are any further issues, please take these up with your bank.

Kind Regards,

Email sent: 18th September 2018 13:14

Dear Martin,

Please can you tell me when I should expect to receive the refund.

Regards

-Tom Allerton

Email received: 18th September 2018 13:24

Hi Tom,

I am unable to advise. The funds were taken from our account on the 20/06/2018 at 10:45:50.

We received notice that these funds would not be returned to us in order to make a refund on the 17/09/2018 at 05:43:39.

This is all the information we have received. I’m sorry I am unable to be more helpful and that this could not be resolved another way.

Kind Regards,

I did follow this up 1 week later as I hadn't received the money, again asking them to contact their bank to see how long I would have to wait. True to form, I didn't receive a reply.

Email sent: 25th September 2018 10:39

Dear Martin,

I understand that the money is being returned to me by your bank and that you don't have direct control over this. However I've waited one week and it is not yet back into my account.

Could you please contact your bank and ask them what the timescale for returning the money is so that I know how long I should wait.

Regards

-Tom Allerton

In the mean time I was of course in contact with my card provider to see what has happening, to ask why I was receiving conflicting information about in who's favour the chargeback decision had been made, and where the money was. Unfortunately the banks do not work quickly but were at least saying they would investigate.

As I still hadn't received the refund 2 weeks after Martin stated the chargeback had been reversed, and he hadn't responded to my email a week before, on the 3rd October I phoned Martin to see what was happening. This was an interesting phone call. I had intended only to ask what was happening with the money, but the opportunity arose to ask for explanations about why this issue was taking so long to resolve.

To start with, regarding them not receiving the money back from the chargeback, and being fair to Martin, I do think he is being truthful on at least this part. I suspect there was some confusion between the banks which resulted in me and Hero Renewables having different information about the status of the chargeback. This obviously didn't help the issue, but given the evidence I believe that they didn't have the money in their account. However while I was busy in contact with my bank to try and resolve this, Hero Renewables did absolutely nothing despite me repeatedly asking them to contact their bank.

During the rest of the call Martin gave some conflicting answers. On one hand he did apologise for the survey charges, claiming them to be mistakenly added to my account. He also admits the issue is partly down to them and that in some aspects they didn't do the right thing, but didn't specify which aspects these were. But it felt like a hollow apology and was certainly no admission of wrongdoing; and he also says that the issue was down to me, yet fails to give any reason for this. The interesting points form the conversation are:

Call: 3rd October 2018 10:32
Martin: Hello, how can I help?
Me: I've still not received the refund.
Martin: Sorry?
Me: I've still not received the refund.
Martin: There never was a refund, you've submitted a chargeback so we never had the funds.
Me: OK, well I've still not received the money from your bank.
Martin: The money has never been in our bank, you're going to have to contact your bank.
Me: Did you receive the email I sent you last week?
Martin: Yes, but the money has not been in our bank nor has it ever been.
Me: But it has been held by your bank, I appreciate it may not have been in your account but your bank has been dealing with it.
Martin: Unfortunately not, it's been held by the card issuers bank, that's how chargebacks work.
Me: But the money is not in my account and I've already sent you a letter from my bank confirming that the money was sent to your bank on 12th July.
Martin: It has never been sent to our bank. Our bank is HSBC, the merchant bank we use for card payment is a company called Stripe, neither of those have your money. I have the dispute on my screen currently, we lost the dispute, the money has been taken from our account on 20th June. Since that point we have not had any control over your money.
Me: OK, that's fine then, I will contact my bank and see what's going on.
Martin: Like I said, we are growing massively as a company but these things are new to us, we've never had a chargeback before, we haven't had another one since you, it's not something I've dealt with in the past, if it was up to me after the point we got to with you we would have sorted it out between us amicably and I would have refunded you, but unfortunately that wasn't the case so it's now out of our hands.
Me: OK I will contact my bank and see what the situation is, but I may contact you again depending what my bank says...
Martin: Feel free to contact me.
Me: ...because as I said my bank does not have the money either so I don't know if it's got lost in the system somewhere.
Martin: I don't know, chargebacks can take an inordinate amount of time. Again, I'm happy to help where I can but at this point I physically can't.
Me: OK that's fine, I did see the screenshot from Jill via HIES showing the dispute screen so I understand the money did never go back into your account so I do realise the situation.
Martin: OK.

Me: So another thing, when I contacted you a couple of months ago you told me that you challenge the chargeback because of charges for a survey and technical drawings, which I disputed because no survey was ever done...
Martin: (interrupting) Yes you were right.
Me: ...but I've still not received an explanation for that.
Martin: Those things were entered on your account in error, I can only see what's written on your account. We've fixed the problem to ensure it doesn't happen again. I will apologise for that, it was my error, but all I'm doing is looking at a computer screen.
Me: OK, that's rather unfortunate.
Martin: It is unfortunate. Once you informed us you were recording calls and the chargeback was issued we anticipated something legal so I couldn't really freely and honestly communicate with you. If we hadn't got to that point and we'd been dealing with it amicably I would have given you an explanation much earlier, so I can only apologise.
Me: That's unfortunate. So do you have any explanation for why you didn't respond to me within the first 2 months of me trying to get a refund from you?
Martin: I think we...I don't know off the top of my head I can go back and have a look at it but we can just leave it there and parts ways in an amicable way. If you want me to go back and give you a full explanation I can and I will at some point in time but at the moment we're going through a lot. Is there anything for you to gain by doing this?
Me: Yes I would like an explanation, and an apology for the whole situation. I realise you've apologised for the mistake for the false charges, but I've spent a significant amount of time chasing this up, trying to contact you and not getting responses or information from you, I've put an inordinate amount of time in.
Martin: As have I in terms of dealing with the chargeback and things like that, it's led to me spending an inordinate amount of time on it as well which didn't need to be the case and shouldn't have been the case and if we could have resolved it together friendly and amicable without threats and phone call recordings then we wouldn't have been in this situation, so really it's down to both of us. If you're looking for some sort of compensation then I would suggest it was also down to you and it isn't something that you're going to get.
Me: What do you mean it's down to me? I tried for months to try to contact you to deal with this and I got no response whatsoever.
Martin: Is you intention to put in a legal claim?
Me: I haven't decided what I'm going to do. But it would be nice to get an explanation from you about why it's taken so long. If you can adequately explain why what happened happened then I may be satisfied with that. But at the moment I can't understand why its taken so long, why you've refused to contact me, why you've refused to answer questions, why you've taken an inordinate amount of time to do things which didn't need to take so long.
Martin: At no point with any dealings with any customer in any business I've been in have I been unable to deal with a situation amicably, and I personally got fairly nervous with the steps you were taking and therefore wanted to make sure everything was absolutely bulletproof before we had a conversation, and due to the questions you're currently asking me that continues to be the case, so if you'd like to send me an email with the exact questions then I can get answers to them and send you an email back but I don't want to put my foot in it as I anticipate that this call is being recorded.
Me: That's fine, I'm not trying to trap you into anything and I realise you'd prefer to take time over answering questions so I will send you an email with questions. But I will point out I've sent you several email with questions and so far I've not got any answers, so that's one of the issues I have, so I'll send you another email and try and get some more answers but...
Martin: I'm sure, that's fine, but I'm a very busy person you seem to have lots of time to do this, if you want to do that that's fine, if you want to put us into a legal battle that's absolutely fine, do as you wish, at this point I've lost the will to live with this one over 466 quid.
Me: That's a shame you were fighting so hard over it then if that's what it means to you.
Martin: We didn't battle so hard, I basically wrote the response to the chargeback, I looked at your account, I looked at the reason why accounts dealt with it the way they did, I put a response in and sent it off, it's that simple, there was no real hard battle about it. I was protecting the interest of our business, yes the information I received was in error and I apologise for that, but everything after that was down to the chargeback and down to the banks.
Me: OK, it doesn't explain why you were trying to charge me for the HIES fee or the 20% cancellation fee when you weren't entitled to do so, these are things you company needs to address.
Martin: Well these things have never been an issue we have very little cancellations and a very large amount of happy customers and we need to get them to shout more because the unhappy ones shout a lot louder. We do the best as a company to do the best for our customers to provide the best possible service. We try very VERY hard to make sure everyone is as happy as possible and it hurts when doesn't go the right way for our business or our customers.
Me: OK, you might hear from me depending on how I get on with my bank, but I suspect they might ask for a letter from your bank explaining what's happening with the money.
Martin: It's a chargeback process, your bank would have made the decision whether to release the funds, it wouldn't have been our bank in any way shape or form.
Me: OK, but it's your bank I think that made the decision about refusing the evidence that you gave them, my bank had finished with the issue at that point, I had many long discussions with them.
Martin: Right I'll leave it with you. We've tried to do our best, in some aspects we've not quite done the correct thing, we try our best but sometimes it doesn't go right. In this case I don't know what to say.
Me: OK, I'll contact my bank then and if I do need any more information I'll give you a call back.
Martin: OK, I'm always helping customers, I always have and always will.
Me: OK, thank you.

In another twist, later that evening I received an email from Martin stating that the chargeback had been reversed in their favour! Again I can't explain how or why this happened, Martin asked if I had withdrawn my claim, but I was not in the position to do so as my card provider already considered the case closed. As promised, they did then, finally, refund the money to me a couple of days later, so I finally had the deposit back 8 months after cancelling the order.

Email received: 3rd October 2018 21:27

Hi Tom,

I’ve just had an alert that the chargeback has been reversed in our favour. I’m assuming you have withdrawn the dispute?

I will ensure this is refunded back to you tomorrow.

Kind Regards,

Email sent: 4th October 2018 09:29

Dear Martin,

Thank you for the update, especially given the hour, and thank you for agreeing to refund the money without delay.

I'm afraid I cannot explain why the chargeback decision has been reversed, my bank has considered my dispute "lost" since the money was returned to your bank on 12 July, so I've not had any option to withdraw it.

Regards

-Tom Allerton

Review

After considering the phone call with Martin on 3rd October along with all other communications, I came to the conclusion that there was little point in asking them to explain themselves. While confusion over the chargeback may have muddied the issue, their attitude throughout had been dishonest and obstructive, they acted unlawfully and lied to me. Both Jill and Martin on multiple occasions had blamed me for the delays, and despite a weak apology from Martin, they had failed to take any responsibility, certainly for the 10 weeks before I issued the chargeback. They repeatedly said they'd contact me or do things which they never did, they lied about charging me for the HIES fee and 20% deposit, and lied to their bank about discussing the survey with me. there is no excuse for any of these things and they appeared so untrustworthy that it seemed unlikely I’d get any truthful explanation from them.

At every step of the way they were in control of the situation and had options open to them to resolve or expedite the resolution of the issue. The fact that they never took these options demonstrates that they had no interest in acting fairly, honestly or with integrity. Their options included:

If I had done something wrong I’d be happy to attribute some blame to myself, but ultimately the ball was in Hero Renewables’s court at every step of the way. The issue was about them giving me a refund and that's something that only they have control over. It's preposterous for them to blame the delays on me or on the chargeback, to complain at the amount I was contacting them, and to claim they wanted to resolve it amicably. How can I be responsible for them failing to send the refund me? What do they expect me to do if they fail to respond to my communications? I could have gone to HIES sooner, yet in contravention of the terms of HIES membership Hero Renewables failed to mention their dispute resolution service to me, and didn't have any complaints handling procedure of their own.

Ultimately they were never entitled to retain the HIES fee and they lied to me about that - even after HIES contacted them and they agreed to refund me they still claimed the charges were valid. They were also not entitled to charge me a 20% cancellation fee, so they lied to me about that. They certainly were not entitled to charge me for the survey and designs that were never done, which leads to the question of why were these on my account? They claim they were mistakenly added, but was it really a mistake?

I carefully considered this and in particular noticed the statement they made to their bank to challenge my chargeback, and specifically the sentence "The client...has discussed the installation at length with our team prior to actually being asked to go to his property to carry out our full design survey". This is completely untrue, I never discussed a design survey, and Martin has admitted that no survey was ever done. Martin said that he personally challenged the chargeback after he just "looked at my account", so he is saying that my account showed this on the communications record.

It seems very unlikely that in addition to survey charges mistakenly appearing on my account, communication records also happened to mistakenly appear on my account. And at the same time the records of my actual communications must have disappeared, because otherwise Martin would have seen all my attempts to contact them when he looked at the communication record before he wrote the chargeback challenge. In fact it seems very coincidental that upon receiving their first ever cancellation, then their first ever chargeback, that at the same time they just happened to get what was evidently an uncommon instance of an issue that caused erroneous entries in the account details of that very same customer. And what's more, these erroneous entries just happened to change the account in just the right way to show that no refund was due. What are the chances of that?!

I also note that when I first cancelled the order on 8th February I spoke to Martin, and he specifically asked if any work had been done. He assumed it hadn't and I confirmed that, so he should have known there had not been a survey even without looking at the notes. Also when I spoke to Jill on 3rd April she was clearly familiar with the case and did not mention any survey charges, so at this point the charges were apparently not on my account. I had spoken to both of the company directors so they were personally familiar with the cancellation. Jill will have known that she hadn’t returned my call from 3rd April and that I hadn’t been refunded. Given that it was their first cancellation and first chargeback, and that both company directors were personally involved, it’s impossible to think that it somehow slipped through the cracks or that either Jill or Martin were unaware of the facts of the case.

It's also extremely suspicious that there was absolutely no mention of the survey charges until after I did the chargeback; had they been on my account when I cancelled Martin would surely have mentioned it along with the HIES charge. It should therefore have been obvious to Martin, when looking at my account while challenging my chargeback, that the charges dated from after I cancelled. So Martin's explanation just doesn't make sense.

Combining all this with their complete lack of effort to communicate with me, their general dishonesty, and their refusal to investigate the survey charges, I cannot believe that the survey charges were accidentally put on my account.

While I can't know for sure, it leads me to the opinion that Hero Renewables deliberately fabricated the additional charges in order to generate false evidence to use in their challenge to my chargeback. This seems evident from the number of coincidences that would have had to happen alone, but when added to their obstructive conduct, lack of communication, dishonesty, unlawfulness, deceitful rhetoric and subsequent preposterous attempts to blame delays on me, it's difficult to believe that the issues occurred as a result of anything other than their deliberate actions.

If you are looking to have a renewable technology installed avoid this corrupt and untrustworthy company. There are many reputable companies out there, do not trust Hero Renewables.