GDFC Assets Limited v Carol Heaney & Anor
[2024] UKUT 345 (AAC)
For an energy plan to be a Green Deal plan, it must meet all requirements of s.1(3) and s.4(a)-(e) of the Energy Act 2011, regulations 30-36 of the Framework Regulations, and regulation 29.
Preliminary Decision, paragraph 24
Breach of a qualifying condition does not automatically lead to cancellation of a Green Deal plan. Proportionality of the sanction must be considered, given the harm to the bill payer.
Reasons, paragraph 30d, 81-109
Notices under the Framework Regulations must be in writing.
Reasons, paragraph 59
The Tribunal's role is not limited to reviewing the Secretary of State's decision; it reaches its own decision based on the evidence.
Reasons, paragraph 29
The appeal is allowed.
The Tribunal found that a qualifying condition (regulation 30(3) requiring written notification of instalment amounts) was breached, rendering the energy plan not a Green Deal plan. The appropriate sanction, considering the misrepresentation and significant harm to Ms. Heaney, was cancellation of the plan.
Substituted Decision Notice: Cancellation of Ms. Heaney's energy plan with effect from 19 March 2019.
The Tribunal determined that the breach of the qualifying condition, coupled with the mis-selling and resulting harm to Ms. Heaney, warranted cancellation as the proportionate sanction. The effective date was the date of the complaint to the Secretary of State.
[2024] UKUT 345 (AAC)
[2024] EWHC 2584 (Admin)
[2023] UKFTT 808 (GRC)
[2023] UKUT 180 (AAC)
[2024] UKFTT 148 (GRC)