Double Glazing Advice- Cancelling a contract

mcginn12

Hi,
I'm looking for some advice regarding whether I can cancel a contract with Everest due to poor service. I have arranged two installation visits with them and on both occasions they have failed to install my windows (infact the only thing they have achieved is damaging the windows I currently have by forcing them open with a chisel). The first time they arrived they looked at the job for 10 minutes before informing me that they had double booked and had to leave to do another job. The second time they completely failed to show up and couldn't even be bothered to inform me via a simple phone call. It was a Sunday so I couldn't even reach the local brach centre as it was closed!

As you can imagine I have lost all patience with them now and would like to know what my options are. My preferred option would be to cancel the contract as I have lost all faith in their ability to provide a quality service and would appreciate if anyone could advise me on my rights to do this.

Many thanks in advance for any advice received!

unholyangel

How did you purchase them? Via finance, cash or card (or other)?

When was the installation date originally booked for?

Have you incurred any costs (extra time off work for example) due to their breach?

mcginn12

Thanks for the quick response!!

We paid an upfront deposit and will settle the outstanding balance after installation by card.

The installation was due to take place last Saturday 18th of April. This was changed by the fitters due to the double booking to following day. They failed to turn up for this.

Due to it being the weekend I have not incurred any loss of work income, however I value my time off very highly and to have it wasted is very frustrating. As they failed to phone me I waited the entire day for them to appear.

They did however force open one of the windows they were to replace as it was seized shut. Granted this would be perfectly acceptable had they stayed and replaced the window, but i have been left with a window that not only looks terrible but is a security concern!

I was hoping there was some protection for consumers where the quality of service provided by a business falls below the standard paid for.

unholyangel

I would put your complaint in writing. Keep it as simple and brief as possible.

Signed contract on x date, agreed installation 18th april. Failed to install as agreed due to a breach that was within their control. Their next attempt at installation also failed. You are therefore requesting that the installation is completed without further delay and in any event, not later than 14 days from the date of your letter or you will have no choice but the treat the contract as repudiated and be seeking a refund as well as reimbursement for reasonable losses you have incurred as a result of their breach.


However....I'd also point out its been less than a week. Personally I'd wait till maybe Tuesday or Wednesday next week before sending the above letter.

I'm also unsure about mentioning how they left your window. If they could jimmy it open then so could a potential thief - meaning perhaps your windows werent as secure as you originally thought? Sometimes, its actually pretty scary how easy it is to get into peoples homes!

mcginn12

Are the breaches in themselves enough to cancel the contract though? If I could avoid doing business with this company I most definitely would. My experience over the past week with them has been from a customer service stance appalling. Bar the rather empty apology they really do not seem to acknowledge the inconvenience that I have suffered as a result. They have attempted today to rearrange the fitting but I'm just so fed up with them!

Regarding the jimmying the window it was no easy effort. They attacked it several times leaving 8 or 9 crowbar attempts ruining the wood! It really was a stubborn window.

hollydays

mcginn12 wrote: »

Are the breaches in themselves enough to cancel the contract though? If I could avoid doing business with this company I most definitely would. My experience over the past week with them has been from a customer service stance appalling. Bar the rather empty apology they really do not seem to acknowledge the inconvenience that I have suffered as a result. They have attempted today to rearrange the fitting but I'm just so fed up with them!

Regarding the jimmying the window it was no easy effort. They attacked it several times leaving 8 or 9 crowbar attempts ruining the wood! It really was a stubborn window.

Why did they jemmy them?

mcginn12

its a sash window that had not been open for several years. It is on ground level directly on a busy street so we never open it for privacy purposes more than anything. They jemmied it to open it i guess. That would of been fine if they had stayed and finished the job but they just left it!

unholyangel

mcginn12 wrote: »

Are the breaches in themselves enough to cancel the contract though? If I could avoid doing business with this company I most definitely would. My experience over the past week with them has been from a customer service stance appalling. Bar the rather empty apology they really do not seem to acknowledge the inconvenience that I have suffered as a result. They have attempted today to rearrange the fitting but I'm just so fed up with them!

Regarding the jimmying the window it was no easy effort. They attacked it several times leaving 8 or 9 crowbar attempts ruining the wood! It really was a stubborn window.

Breaches can void a contract but where the breach is a technicality or trivial, its unlikely to void a contract.

Usually, unless a delivery/installation date was agreed at the time you became bound (ie when you signed the contract) then the company are only under a duty to do it within a reasonable time.

Thats why the letter....if you need to chase them for a refund of monies paid/they try to chase you for the remainder of the contract, you'll be able to show you gave them more than ample opportunity to make good on their breach but they still failed.