Everest Double Glazing in administration

born_again

robot1000 said:

MSE_Molly_G said:

Hi all, we've now published a news story on the Everest administration: Double glazing firm Everest falls into administration – your installation and warranty rights explained. Thanks.

Your article doesn't mention this point which would be relevant for those who had installations after 2014:  https://fensahelp.zendesk.com/hc/en-gb/articles/360059871574-If-the-FENSA-Approved-Installer-is-no-longer-trading

Where does 2014 come into this? 
As Everest also went in to administration 2020 & a new company set up

https://www.theguardian.com/business/2020/jun/09/everest-double-glazing-rescue-deal-saves-1000-uk-jobs

Guest2025

Deaner said:

Guest2025 said:

I heard back from Resolve & it’s not good for us at least. Saying that if you don’t go with Anglian that’s considered in their view as cancelling the contract (is that legal??) - and as an unsecured creditor you aren’t likely to get any money back.

I replied & asked what do you do if Anglian won’t work with you (since they are refusing to do any remediation work on an incomplete installation) … but suspect it’s queue as an unsecured creditor.  The administrators’ view is they have dealt with the customer side.  

And they confirmed all warranties are kaput   - and it’s up to Anglian whether they warranty the products they install / provide. I suspect on pure installs they won’t - or at least will require a payment for it. 

I feel like we have been totally left in the lurch here. The industry is required to do a 10 year warranty - but it’s not worth paper it’s written on - if you even got that paper. 

I must stress that I have no legal background, but I would think that would appear on the face of it to be in contravention of what is stated in the Consumer Rights Act 2015.

If you take a look at section 50 of the act, it clearly states that any trader providing a service must comply with the information it has provided & that a trader will not be able to change this without the agreement of the consumer. In other words, any change to a different service (ie, different windows) must be mutually agreed. So in the absence of such an agreement, a failure to provide the original service would appear to constitute a breach of contract on the traders part. Take a look at section 50 of the act, in particular notes 247 to 252. 

As I've said, I'm not a lawyer but it may be worth engaging the services of one, even for just a fixed fee consultation. Or maybe try going to Citizens Advice to get clarification on this.

I agree with your view - issue we have is that Anglian considers our installation complete although it is demonstrably not, 

But I got Anglian to confirm in writing they will not pick up our installation. So no one can argue, even tenuously, that we are in breach.  

If anyone has nest practices for writing section 75 letters - please pass on. Right now I’m staring at a four inch thick pile of correspondence with Everest trying to figure out how to succinctly synthesise.  

eskbanker

Guest2025 said:
If anyone has nest practices for writing section 75 letters - please pass on.

I'd suggest keeping two points front of mind:

1. It's all about demonstrating breach of contract, i.e. being able to show what is in the contract and evidencing how it's not being met.
2. It's important to recognise the roles and responsibilities of the parties - some have perceived it as the card company being on the customer's side against the merchant or administrator, but a s75 claim entails holding the card company legally liable for the breach, and if the claim is upheld, they're settling out of their own pocket.

gilesco

Just wondering if anyone has heard from Anglian with regard to order fulfilment? I've contacted them a couple of times, but all I can get out of them is that they're still stock taking the Everest assets.

Guest2025

gilesco said:

Just wondering if anyone has heard from Anglian with regard to order fulfilment? I've contacted them a couple of times, but all I can get out of them is that they're still stock taking the Everest assets.

They keep repeating some canned response to us - rather than actually responding to my questions. And the hot line is only until 2 pm (!). 

As an aside & based on a year of insane stress over our install with Everest - 

I would suggest reading the 1* reviews on trustpilot before going ahead with Anglian for new products. 

 if they are just doing the install, confirm you get the fensa guarantee with insurance & they will do any remediation / snagging for free. If not, I think you can argue you own the product & get your own installer - or they need a refund if refuse to give it to you.  

And if you do do the install, find out the recourse if the products or damaged or faulty (which was the case with our entire Everest install - even the door hardware was incorrect & took a year to get replaced!).  Everest installed two damaged windows and didn’t tell us - we noticed post install -  with the replacement for the damaged window cracked and they literally had the first window out when I told them to put it back in as the replacement could have blown out … so don’t have anything installed until you inspect the products & measure that right size  (installers are paid for the install full stop - so they will put in anything without product inspection  & then leave to customer service to sort!)

Deaner

gilesco said:

Just wondering if anyone has heard from Anglian with regard to order fulfilment? I've contacted them a couple of times, but all I can get out of them is that they're still stock taking the Everest assets.

I had a phone call from Anglian this morning to ask if it would be ok for their surveyor to book an appointment with me to progress our (formally) Everest order. My response was to tell them that they are welcome to come & discuss what they can offer me but that I wouldn't necessarily be going ahead with them. That very much depends upon whether or not I believe their product is comparable in respect of quality, specification, energy rating & guarantees etc vs the product quoted in my contract with Everest. 

The person who phoned me today tried to tell me that there's no issue because Anglian products were actually superior to Everest's, so they're already coming across as being quite bullish. It will be an interesting conversation...     

born_again

Deaner said:

gilesco said:

Just wondering if anyone has heard from Anglian with regard to order fulfilment? I've contacted them a couple of times, but all I can get out of them is that they're still stock taking the Everest assets.

I had a phone call from Anglian this morning to ask if it would be ok for their surveyor to book an appointment with me to progress our (formally) Everest order. My response was to tell them that they are welcome to come & discuss what they can offer me but that I wouldn't necessarily be going ahead with them. That very much depends upon whether or not I believe their product is comparable in respect of quality, specification, energy rating & guarantees etc vs the product quoted in my contract with Everest. 

The person who phoned me today tried to tell me that there's no issue because Anglian products were actually superior to Everest's, so they're already coming across as being quite bullish. It will be an interesting conversation...     

Just be careful, if you do not agree then you would become a creditor of a company that has no funds, & all that implies.
No chargeback or S75 rights...

Deaner

born_again said:

Deaner said:

gilesco said:

Just wondering if anyone has heard from Anglian with regard to order fulfilment? I've contacted them a couple of times, but all I can get out of them is that they're still stock taking the Everest assets.

I had a phone call from Anglian this morning to ask if it would be ok for their surveyor to book an appointment with me to progress our (formally) Everest order. My response was to tell them that they are welcome to come & discuss what they can offer me but that I wouldn't necessarily be going ahead with them. That very much depends upon whether or not I believe their product is comparable in respect of quality, specification, energy rating & guarantees etc vs the product quoted in my contract with Everest. 

The person who phoned me today tried to tell me that there's no issue because Anglian products were actually superior to Everest's, so they're already coming across as being quite bullish. It will be an interesting conversation...     

Just be careful, if you do not agree then you would become a creditor of a company that has no funds, & all that implies.
No chargeback or S75 rights...

Please explain exactly how you arrived at that conclusion?

If I decide not to proceed it would only be because there has been a clear breach of contract on the trader's part, not because I've changed my mind. They have a legal obligation to meet the terms of my contract & any changes to it in respect of altering the product or service must be mutually agreed to be legally binding. You can confirm this yourself by reading the relevant part of the Consumer Rights Act 2015, namely section 50, parts 248 to 252. 

I have already spoken to my bank (credit card provider) who have confirmed that there would be a very sound basis for a section 75 claim in the event of Anglian not offering a comparable product to that agreed in my contract with Everest. In other words, there would be an obvious breach of contract on their part.

All the above said, it is of course essential for each individual caught up in this to make their own determination as to how they wish to proceed. The situation for everyone will vary to a greater or lesser degree depending on many factors, including how far along the process they were & how they paid etc when Everest entered administration. I'm merely sharing my thoughts with others on here which are applicable to my situation just as others are. That's the whole purpose of a discussion forum.              

born_again

Conclusion, is due to the service being passed to Anglian, as they have agreed to handle the work with administrators.

So it would be you cancelling the service. 

Deaner

born_again said:

Conclusion, is due to the service being passed to Anglian, as they have agreed to handle the work with administrators.

So it would be you cancelling the service. 

What service exactly?

My contract is with Everest for a specific product. If Anglian wish to replace that product with a different one of a lower specification, then it's not the same service that we entered into a contract for. They have already told me that my order would be completed using an Anglian product, not an Everest one. 

On your way of thinking, I could order a car from a manufacturer who goes bust before I take delivery of it. A different manufacturer could then step in, agree a deal with the administrators, assume any unfulfilled orders & complete them buy supplying me with a different car. I don't think so.