Everest conservatory

Et21

I need some advice on how to proceed. I got a quote for a new conservatory from Everest in May last year and building work commenced in June for a promised 6 week build. 12 months on, and it is still not fit for purpose as it leaks. My loan repayments were initiated without my permission in September, so I only have 1 more payment to make before it is fully paid for, and yet for much of the last year, it has been unusable due to remedial work required to repair interior plaster. I have had 2 separate section 75 complaints with the loan company, and also been through everests own complaints department and the glazing ombudsmen. It is currently with everest legal department, who have basically told me, tough, I chose Everest, so I have to put up with whatever they choose to do (or not do). To be fair, a number of issues have now been resolved and I finally have a conservatory I can use, although it leaks, so is still not really fit for purpose. However, I am still trying to get compensation for damage to my lawn and interior blind, which was promised back in November, in the presence of my local councillor. I am also waiting for an apology, or at least an explanation of why this project went so badly wrong

The promised 6 week build is still ongoing, although I have only got 1 more loan payment to make before it is fully paid for. Over the course of the project, my project manager failed to turn up 9 times, the subcontractors failed to turn up 5 times (and turned up at the wrong time a further 3 times), the workmen brought in to solve issues failed to turn up 6 times and there were a further 10 visits required for remedial work. That has incurred significant loss of pay, as I am in a zero hours contract, so don't get paid when I take a day off. I have also had to postpone/cancel a couple of holidays. Everest legal department have basically told me tough, I chose them, so I have to put up with whatever they have done, and have offered me a final settlement of £300 for the small losses and inconvenience I have suffered. Apparently, I can only claim for losses that are reasonable foreseeable at the conception of the contract. If I had predicted that I would need to take a further 25 days off work due to their incompetence and total lack of respect for me and my property, I would never have agreed to allow them onto my property.
As a new widow, I can't really face going through the small claims court, which I am pretty sure is also what Everest are banking on. Any advice would be gratefully received

naedanger

Et21 wrote: »

I need some advice on how to proceed. I got a quote for a new conservatory from Everest in May last year and building work commenced in June for a promised 6 week build. 12 months on, and it is still not fit for purpose as it leaks. My loan repayments were initiated without my permission in September, so I only have 1 more payment to make before it is fully paid for, and yet for much of the last year, it has been unusable due to remedial work required to repair interior plaster. I have had 2 separate section 75 complaints with the loan company, and also been through everests own complaints department and the glazing ombudsmen. It is currently with everest legal department, who have basically told me, tough, I chose Everest, so I have to put up with whatever they choose to do (or not do). To be fair, a number of issues have now been resolved and I finally have a conservatory I can use, although it leaks, so is still not really fit for purpose. However, I am still trying to get compensation for damage to my lawn and interior blind, which was promised back in November, in the presence of my local councillor. I am also waiting for an apology, or at least an explanation of why this project went so badly wrong

The promised 6 week build is still ongoing, although I have only got 1 more loan payment to make before it is fully paid for. Over the course of the project, my project manager failed to turn up 9 times, the subcontractors failed to turn up 5 times (and turned up at the wrong time a further 3 times), the workmen brought in to solve issues failed to turn up 6 times and there were a further 10 visits required for remedial work. That has incurred significant loss of pay, as I am in a zero hours contract, so don't get paid when I take a day off. I have also had to postpone/cancel a couple of holidays. Everest legal department have basically told me tough, I chose them, so I have to put up with whatever they have done, and have offered me a final settlement of £300 for the small losses and inconvenience I have suffered. Apparently, I can only claim for losses that are reasonable foreseeable at the conception of the contract. If I had predicted that I would need to take a further 25 days off work due to their incompetence and total lack of respect for me and my property, I would never have agreed to allow them onto my property.
As a new widow, I can't really face going through the small claims court, which I am pretty sure is also what Everest are banking on. Any advice would be gratefully received

If you have already complained via section 75 (twice) and to Everest themselves directly and you are not prepared to go to the small claims court then I am not sure you have any other effective options.

You could speak to a solicitor but unless you are prepared to take matter to the small claims court then I doubt they can do anything other than issue empty threats (as ultimately you would not take the matter to court). Also be aware the costs of a solicitor are not recoverable in the small claims court.

You could visit the Citizen's Advice Bureau, but ultimately I can't see that they will offer any other options.

(For what it is worth, I don't think everything Everest have told you is correct but obviously their aims are different from yours.)

unholyangel

What happened with the section 75 claims? What was the outcome and did you refer it to the financial ombudsman?

You could also try arguing that loss of that type would have been foreseeable - the extent of the loss doesn't need to be foreseeable, only loss of that type. imo it should have been within the contemplation of the parties that a breach of contract may require you to take time off work.

Are they relying on a contractual term for that? If so, what does it say?

If you have legal cover with your home insurance, might be worth giving them a call.