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  • FIRST POST
    • myriambill
    • By myriambill 9th Sep 17, 7:19 AM
    • 3Posts
    • 0Thanks
    myriambill
    Everest windows; where do i legally stand?
    • #1
    • 9th Sep 17, 7:19 AM
    Everest windows; where do i legally stand? 9th Sep 17 at 7:19 AM
    Morning all.
    i need some advice on where do we legally stand with the following;
    So the Everest salesman came to our house on the 13th July and sold us 7`k worth of windows. We signed a contract and he explained before the windows were going to be made that a surveyor had to come to inspect the house and give us an 'all clear report'.
    The surveyor came and all was fine so we naturally told Everest to go ahead and manufacture the goods.
    Things started to go bad after the surveyors visit as no one kept in touch to let me know when the installation team would come to install the good. And so I chased and chased till I got a date- the 26th and 27th August. this was a bank holiday weekend- a sunny bank holiday weekend- We put aside any plans we would have had and decided to stay at home for the window's installation......the only thing was, No-one turned up and No-one had the decency to let us know that the installation was Not going to go ahead.
    I was obviously very frustrated as at this point we had waited around for a whole weekend-with 2 kids and a dog- when we could have spent the time doing different things!
    I called Everest immediately to voice my frustration, only to be passed around from person to person. Basically nobody wanted to deal with us. This went on for around 4 days.
    I kicked up a fuss and wrote to the CEO and to the customer relations team. Only then I got a response. Apparently Everest had decided not to come to our house for the installation after they had come across a tricky installation whereby asbestos was found.
    Everest merely explained we now had to have a second surveyor to ensure our house was not affected, tho our house is not located nearby the affected house at all!!!
    My suspicion is that the affected house had been surveyed by the same surveyor who came to inspect ours and therefore they want to cover themselves.
    I explained that we had only given Everest the go ahead for the production of the goods on the surveyors report's basis. The surveyor report was now Null and Void which to me meant breach of contract on Everest's part. Surely we wouldn't be liable to pay any extras should another surveyor come out and find something wrong with our house? Everest has been negligent and overlooked things....and it's not our fault.
    I asked Everest for a recompense for all the trouble they have put us thought so far. Well, apparently they operate on a NO RECOMPENSE policy!!!! They operate on a 'let us put things right" policy. So I gave them a second chance to rectify their mistakes. A second surveyor was booked in and......HE DIDN'T SHOW UP!!!!
    At this point I would like to cancel the contract and get our deposit back as per my understanding :
    1) Everest is in breach of contract
    2) We gave Everest a chance to put things rights but clearly they have no intention on doing so.
    My question is: Are we entitled to cancel the agreement and walk away without having to pay? And can we get our deposit back?
Page 1
    • photome
    • By photome 9th Sep 17, 7:50 AM
    • 12,771 Posts
    • 8,249 Thanks
    photome
    • #2
    • 9th Sep 17, 7:50 AM
    • #2
    • 9th Sep 17, 7:50 AM
    Legally, I don't know

    others will know but I do suggest you try and get it back and then use a recommended local window firm
    • Supersonos
    • By Supersonos 9th Sep 17, 8:41 AM
    • 32 Posts
    • 18 Thanks
    Supersonos
    • #3
    • 9th Sep 17, 8:41 AM
    • #3
    • 9th Sep 17, 8:41 AM
    Apparently Everest had decided not to come to our house for the installation after they had come across a tricky installation whereby asbestos was found.
    Everest merely explained we now had to have a second surveyor to ensure our house was not affected, tho our house is not located nearby the affected house at all!!!
    Originally posted by myriambill
    You realise asbestos isn't like an airborne fungal spore or something? Just because your house isn't near the other doesn't mean you might not have asbestos.

    What do their T&C's say about missed appointments? What is their cooling-off period? How long since you signed the contract?
    • myriambill
    • By myriambill 9th Sep 17, 8:55 AM
    • 3 Posts
    • 0 Thanks
    myriambill
    • #4
    • 9th Sep 17, 8:55 AM
    • #4
    • 9th Sep 17, 8:55 AM
    Hi thanks for your feedback.

    Yes I do realise it is not a fungal spore lol. What I meant to say was, so Everest finds asbestosos in another property and all of a sudden our property gets put on hold? It doesn't make sense to me.
    The contract was signed in the 13th July therefore the cooling period is over. That being said, Everest has also gone over their agreed date of installation.
    • myriambill
    • By myriambill 9th Sep 17, 9:18 AM
    • 3 Posts
    • 0 Thanks
    myriambill
    • #5
    • 9th Sep 17, 9:18 AM
    • #5
    • 9th Sep 17, 9:18 AM
    Hi thanks for your feedback.

    Yes I do realise it is not a fungal spore lol. What I meant to say was, so Everest finds asbestosos in another property and all of a sudden our property gets put on hold? It doesn't make sense to me.
    The contract was signed in the 13th July therefore the cooling period is over. That being said, Everest has also gone over their agreed date of installation
    • photome
    • By photome 9th Sep 17, 10:11 AM
    • 12,771 Posts
    • 8,249 Thanks
    photome
    • #6
    • 9th Sep 17, 10:11 AM
    • #6
    • 9th Sep 17, 10:11 AM
    You realise asbestos isn't like an airborne fungal spore or something? Just because your house isn't near the other doesn't mean you might not have asbestos.

    What do their T&C's say about missed appointments? What is their cooling-off period? How long since you signed the contract?
    Originally posted by Supersonos
    No ,and it doesnt mean it does either, as I said I would be trying hard to get deposit back
    • bris
    • By bris 9th Sep 17, 6:56 PM
    • 7,042 Posts
    • 6,040 Thanks
    bris
    • #7
    • 9th Sep 17, 6:56 PM
    • #7
    • 9th Sep 17, 6:56 PM
    You need to send them a "time is of the essence" letter giving them a reasonable time to start the job or hold them in breach of contract. Right now you can't, there is a process you go through.


    The surveyors report is not null and void, it's getting a second opinion.
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