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Everest Double Glazing in administration

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  • Damiano_F said:
    I received the letter from ReSolve last night, and it's been quite unsettling. I couldn't sleep at all! I paid the full amount (except the after-installation charge) last month, totaling 10k, with the installation scheduled for the end of May. Since I paid via debit card, does it mean I have no hopes of any sort of refund?

    Reading the letter, it seems we're classified as unsecured creditors, which puts us at the bottom of the priority list. It's disheartening to realize we have little protection against such situations. They took my money a month ago, so it's clear they knew the business was in trouble, yet they continued to operate, or rather, took money they knew they couldn't honor. SHAME SHAME SHAME!
    Speak to your card provider, but you don't have the Section 75 protection you would have got with a credit card. I'm not sure your bank will intervene because I don't know if a chargeback is applicable in this situation.  Presumably the administrators would challenge it and get it reversed while the future of the business is determined.

    As for the second paragraph, looking at it from the other point of view, if a business that feared it might be in trouble stopped taking orders and money, it would guarantee their failure, so I'm not sure what else they can be expected to do.  Would you have placed an order if they'd told you they had concerns about the future of the business?
    Thanks for your answer,
    I tried to raise a dispute with my bank. Waiting for responses.

    regarding the second paragraph - of course, I wouldn't place the order, therefore I wouldn't have lost my money.
    I see what you mean but it's emotionally hard to look at it with a rational mindset, especially considering the amount of money involved
  • Aylesbury_Duck
    Aylesbury_Duck Posts: 15,652 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 2 May 2024 at 1:12PM
    Damiano_F said:
    Damiano_F said:
    I received the letter from ReSolve last night, and it's been quite unsettling. I couldn't sleep at all! I paid the full amount (except the after-installation charge) last month, totaling 10k, with the installation scheduled for the end of May. Since I paid via debit card, does it mean I have no hopes of any sort of refund?

    Reading the letter, it seems we're classified as unsecured creditors, which puts us at the bottom of the priority list. It's disheartening to realize we have little protection against such situations. They took my money a month ago, so it's clear they knew the business was in trouble, yet they continued to operate, or rather, took money they knew they couldn't honor. SHAME SHAME SHAME!
    Speak to your card provider, but you don't have the Section 75 protection you would have got with a credit card. I'm not sure your bank will intervene because I don't know if a chargeback is applicable in this situation.  Presumably the administrators would challenge it and get it reversed while the future of the business is determined.

    As for the second paragraph, looking at it from the other point of view, if a business that feared it might be in trouble stopped taking orders and money, it would guarantee their failure, so I'm not sure what else they can be expected to do.  Would you have placed an order if they'd told you they had concerns about the future of the business?
    Thanks for your answer,
    I tried to raise a dispute with my bank. Waiting for responses.

    regarding the second paragraph - of course, I wouldn't place the order, therefore I wouldn't have lost my money.
    I see what you mean but it's emotionally hard to look at it with a rational mindset, especially considering the amount of money involved
    I understand, and I'd feel the same.  The trouble is, none of us know when a business is in potential trouble unless there are obvious warning signs or significant rumours, so we're all at risk when placing big orders like this.  It's why putting some of the cost, even if it's only £1, on a credit card is recommended.  I wouldn't give my custom to a car dealership, glazing company, kitchen company, etc. if they didn't accept a credit card for at least some of the purchase, usually the deposit.
  • user1977 said:
    Damiano_F said:

    They took my money a month ago, so it's clear they knew the business was in trouble, yet they continued to operate, or rather, took money they knew they couldn't honor. 

    But if they took enough money, they wouldn't have gone bankrupt. Where would you draw the line? As already pointed out, if they announced they were likely to go bankrupt, it just becomes self-fulfilling - because customers wouldn't place orders and suppliers would stop giving them any more credit.
    It makes sense, but again it sounds so legit as in "Why am I even complaining? they tried the best for me, and even if I lost 10k, I should understand them for trying and not be disappointed for my loss" 
  • Damiano_F said:
    Damiano_F said:
    I received the letter from ReSolve last night, and it's been quite unsettling. I couldn't sleep at all! I paid the full amount (except the after-installation charge) last month, totaling 10k, with the installation scheduled for the end of May. Since I paid via debit card, does it mean I have no hopes of any sort of refund?

    Reading the letter, it seems we're classified as unsecured creditors, which puts us at the bottom of the priority list. It's disheartening to realize we have little protection against such situations. They took my money a month ago, so it's clear they knew the business was in trouble, yet they continued to operate, or rather, took money they knew they couldn't honor. SHAME SHAME SHAME!
    Speak to your card provider, but you don't have the Section 75 protection you would have got with a credit card. I'm not sure your bank will intervene because I don't know if a chargeback is applicable in this situation.  Presumably the administrators would challenge it and get it reversed while the future of the business is determined.

    As for the second paragraph, looking at it from the other point of view, if a business that feared it might be in trouble stopped taking orders and money, it would guarantee their failure, so I'm not sure what else they can be expected to do.  Would you have placed an order if they'd told you they had concerns about the future of the business?
    Thanks for your answer,
    I tried to raise a dispute with my bank. Waiting for responses.

    regarding the second paragraph - of course, I wouldn't place the order, therefore I wouldn't have lost my money.
    I see what you mean but it's emotionally hard to look at it with a rational mindset, especially considering the amount of money involved
    I understand, and I'd feel the same.  The trouble is, none of us know when a business is in potential trouble unless there are obvious warning signs or significant rumours, so we're all at risk when placing big orders like this.  It's why putting some of the cost, even if it's only £1, on a credit card.  I wouldn't give my custom to a car dealership, glazing company, kitchen company, etc. if they didn't accept a credit card for at least some of the purchase, usually the deposit.
    I definitely learnt this lesson this time! And I also believe customer should be protected wither ways, with credit or debit cards.
    Thanks for your help
  • Aylesbury_Duck
    Aylesbury_Duck Posts: 15,652 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Damiano_F said:
    Damiano_F said:
    Damiano_F said:
    I received the letter from ReSolve last night, and it's been quite unsettling. I couldn't sleep at all! I paid the full amount (except the after-installation charge) last month, totaling 10k, with the installation scheduled for the end of May. Since I paid via debit card, does it mean I have no hopes of any sort of refund?

    Reading the letter, it seems we're classified as unsecured creditors, which puts us at the bottom of the priority list. It's disheartening to realize we have little protection against such situations. They took my money a month ago, so it's clear they knew the business was in trouble, yet they continued to operate, or rather, took money they knew they couldn't honor. SHAME SHAME SHAME!
    Speak to your card provider, but you don't have the Section 75 protection you would have got with a credit card. I'm not sure your bank will intervene because I don't know if a chargeback is applicable in this situation.  Presumably the administrators would challenge it and get it reversed while the future of the business is determined.

    As for the second paragraph, looking at it from the other point of view, if a business that feared it might be in trouble stopped taking orders and money, it would guarantee their failure, so I'm not sure what else they can be expected to do.  Would you have placed an order if they'd told you they had concerns about the future of the business?
    Thanks for your answer,
    I tried to raise a dispute with my bank. Waiting for responses.

    regarding the second paragraph - of course, I wouldn't place the order, therefore I wouldn't have lost my money.
    I see what you mean but it's emotionally hard to look at it with a rational mindset, especially considering the amount of money involved
    I understand, and I'd feel the same.  The trouble is, none of us know when a business is in potential trouble unless there are obvious warning signs or significant rumours, so we're all at risk when placing big orders like this.  It's why putting some of the cost, even if it's only £1, on a credit card.  I wouldn't give my custom to a car dealership, glazing company, kitchen company, etc. if they didn't accept a credit card for at least some of the purchase, usually the deposit.
    I definitely learnt this lesson this time! And I also believe customer should be protected wither ways, with credit or debit cards.
    Thanks for your help
    Giving protection through debit cards would probably just drive banks to introduce restrictions to reduce their risk.  I guess that credit card providers make enough profit to be able cover their liabilities under Section 75.  I don't think banks would want to take on the risk.
  • Guest2025
    Guest2025 Posts: 19 Forumite
    10 Posts
    Hopefully someone can help with this -
    can I start the section 75 when I am technically an unsecured creditor (owed money) - or do I have to wait until their is a determination on net assets? I can’t reach Resolve to ask & the password protected web site they provided gives a 404. 

    a section 75 can be used for product mis-representation & not being fit for purpose  - but will that still hold if the company is in administration? Or you are only covered in the case of Everest  if you have not yet received the product? 

    And can we claim anything for them not giving us the fensa certificates (so now we don’t even have the IBG we effectively paid for) 
  • born_again
    born_again Posts: 20,327 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    edited 2 May 2024 at 1:57PM
    Damiano_F said:
    I received the letter from ReSolve last night, and it's been quite unsettling. I couldn't sleep at all! I paid the full amount (except the after-installation charge) last month, totaling 10k, with the installation scheduled for the end of May. Since I paid via debit card, does it mean I have no hopes of any sort of refund?

    Reading the letter, it seems we're classified as unsecured creditors, which puts us at the bottom of the priority list. It's disheartening to realize we have little protection against such situations. They took my money a month ago, so it's clear they knew the business was in trouble, yet they continued to operate, or rather, took money they knew they couldn't honor. SHAME SHAME SHAME!

    As you paid on debit card you will have a chargeback right for non receipt of goods. You will have to wait to the day after install was due, unless you have proof of no longer trading.

    Speak to your bank. They will sort it for you. 👍

    Companies trading right up till they no longer can, is not wrong, as someone could come along & bail them out. If they stopped taking new orders, then no one would.
    Life in the slow lane
  • Guest2025
    Guest2025 Posts: 19 Forumite
    10 Posts
    Damiano_F said:
    I received the letter from ReSolve last night, and it's been quite unsettling. I couldn't sleep at all! I paid the full amount (except the after-installation charge) last month, totaling 10k, with the installation scheduled for the end of May. Since I paid via debit card, does it mean I have no hopes of any sort of refund?

    Reading the letter, it seems we're classified as unsecured creditors, which puts us at the bottom of the priority list. It's disheartening to realize we have little protection against such situations. They took my money a month ago, so it's clear they knew the business was in trouble, yet they continued to operate, or rather, took money they knew they couldn't honor. SHAME SHAME SHAME!

    As you paid on debit card you will have a chargeback right for non receipt of goods. You will have to wait to the day after install was due, unless you have proof of no longer trading.

    Speak to your bank. They will sort it for you. 👍

    Companies trading right up till they no longer can, is not wrong, as someone could come along & bail them out. If they stopped taking new orders, then no one would.
    I think technically they may have stopped trading  - according to media reports employees all gone, factory padlocked …  though CEO & CFO are still there - as the company they purchased in October, Evolution, is still trading (despite itself being bankrupt only a few months ago).  
  • Deaner
    Deaner Posts: 23 Forumite
    10 Posts
    Hi all, first post on the MSE Forum.

    We too have got caught up in the Everest administration situation. Ironically, this happened on the same day that the surveyor visited our house. So far, only our deposit of £3,600 has been paid (on credit card) as 20% of the £18K total agreed. It appears that we avoided the next payment of a further 65% by just a couple of days, thankfully! 

    Like Guest2025 has asked, I'm also keen to know when (how soon) I can submit a section 75 claim? My preference would be to get my deposit returned & go elsewhere for my windows, even if Everest somehow continues in any capacity.

    Lastly, I notice that the Everest website is now down. That wasn't the case earlier this week when it opened up as normal but with a notice from the administrators at the top of the page. Would this be considered an indication that the company is no longer trading & therefore unable to fulfil its orders, enabling Section 75 to step in?     

     

        
  • Aylesbury_Duck
    Aylesbury_Duck Posts: 15,652 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Deaner said:
    Hi all, first post on the MSE Forum.

    We too have got caught up in the Everest administration situation. Ironically, this happened on the same day that the surveyor visited our house. So far, only our deposit of £3,600 has been paid (on credit card) as 20% of the £18K total agreed. It appears that we avoided the next payment of a further 65% by just a couple of days, thankfully! 

    Like Guest2025 has asked, I'm also keen to know when (how soon) I can submit a section 75 claim? My preference would be to get my deposit returned & go elsewhere for my windows, even if Everest somehow continues in any capacity.

    Lastly, I notice that the Everest website is now down. That wasn't the case earlier this week when it opened up as normal but with a notice from the administrators at the top of the page. Would this be considered an indication that the company is no longer trading & therefore unable to fulfil its orders, enabling Section 75 to step in?     

     

        
    They're questions for your credit card company who I suspect will want to wait until they know the final status of the business before shelling out thousands of pounds in refunds to what will probably be lots of customers in a similar situation.

    If the business continues to operate, you'll need to look at the terms of the contract to see if they allow you to cancel without penalty.
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