For the REAL requirement of having to put customers deposits in a 3rd party bank account, how is this actually done? Is it easy enough?
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Discuss Customer deposits in the Solar PV Forum | Solar Panels Forum area at ElectriciansForums.net
If a member requires the consumer to pay a deposit when the contract is signed, this will constitute a reasonable percentage of the estimated overall costs of the work as set out in the contract, for example 15 per cent. It should not exceed 25 per cent under any circumstances. Members will only use this money for work under the contract, for example for purchasing goods. Members will repay it promptly if the contract is cancelled in line with the conditions set out in section 6.2 of this Code. This is a very important requirement of the Code.
If the member subsequently requires a further advance payment to be made by the consumer, this must constitute a reasonable percentage of the overall costs of the work and will only be used for work under the contract, for example for purchasing goods. Under no circumstances can the deposit and the further advance payment, taken together, exceed 60 per cent of the estimated overall costs of the work. Members can only require a further advance payment no more than three weeks before the agreed delivery date of all the goods to be installed. Members will set out clearly in the contract the amount and timing of all payments required.
Members must place the deposit and the further advance payment, if required, in an account specially set up in the consumer's name (such as a 'client' or other third party account). This must be separate from those accounts linked to the member's own credit and banking facilities. Guidelines for setting up and administering these arrangements are available from most banks. The money in this account should only be used with the consumer's consent. (This can be obtained in advance when the consumer signs the contract.)
In this way, if the member falls into receivership, administration or bankruptcy before the contract has been completed, the consumer will be able to recover his or her money. In such a case the money held in the special account should either be refunded to the consumer or passed directly to another member who has agreed to complete the contract in line with section 9.5, below.
The scheme administrator launched the Deposit and Advance Payment Insurance Scheme in November 2010. All members are required to take part in it unless they can demonstrate that they already have equivalent cover in place. Members will continue to keep consumers' money separate from the money in their own bank accounts as set out above.
Where a member uses a consumer's money, paid in advance, to purchase goods, and where those goods are delivered to the member, the member will hold the goods on trust for the consumer and will keep them separate from its own goods and those of third parties. The member will keep such goods properly stored, protected, insured and identified as the consumer's property. The consumer should be able to inspect or repossess the goods at any time. The legal title to those goods, or the proportion of them that has already been paid for, should pass directly to the consumer. In this way, if the member falls into receivership, administration or bankruptcy before the installation takes place, the goods will remain the consumer's property.
Part of being a member if REAL is you can register the job online with them via their insurance backed scheme. You register the job and deposit / contract price and they insure this to the client directly. The policy documents are sent direct to the client. So if you go bust before commencing the install the customer is protected. As a REAL member it's free. Additionally the client can for £35 insure the warranty you give the client again in case you go bust the warranty you offer is protected. The client has to pay for this element themselves.
Have you checked with REAL that that is OK?
It could invalidate the insurance and insurance companies being what they are, they don't need much excuse to not pay out.
We pay the £35 for our customers so we can claim (and provide) we offer a 5 year insurance backed warranty. Some of the other schemes we investigated were twice this amount. Seemed a small price to pay to reassure customers.
Have you checked with REAL that that is OK?
It could invalidate the insurance and insurance companies being what they are, they don't need much excuse to not pay out.
After having a REAL Audit it was made plan and clear to us we are NOT here to sell insurance schemes or policies. To insurance back the warranty you offer the client it has to be an impartial decision and not influenced buy the installer. (Real Auditor words and not mine).
Not that I'm saying there is anything wrong with offering an insurance backed warranty, it's just what we were told only two weeks ago by REAL!
Is £35 really going to make a big difference to the job anyway?
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