Everest Double Glazing in administration

Deaner

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.

Aylesbury_Duck

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.

Have they got it wrong or has something perhaps got lost in translation?  I can't see the logic of what they're saying.  It would make sense if they said that if you don’t elect to go with Anglian that’s considered in their view as Everest cancelling the contract.  That would still leave you as an unsecured creditor umlikely to get any money back.  From what others have said, Anglian are offering to fulfil contracts, they haven't bought the business and the contracts already in place.  How can refusing to go with them be breaching the Everest contract?

Deaner

I agree with the above post in that the contract was with Everest, not Anglian. They haven't assumed the business & its liabilities so to proceed with them will require the signing of a new contract because they are not fulfilling the previous Everest one.

Also, referring to the CRA 2015 again, it requires "that the trader providing the service must comply with information it has provided, orally or in writing (e.g. a description it has given of the service to be provided), where the consumer has taken this information into account when making any decision about the service (including whether to enter into the contract)" (section 50, note 248). So if, for example, you made your decision to go with Everest on the basis of their uPVC triple glazed casement windows being A++ rated & having a 20 year guarantee, you would not get the same product from Anglian because they don't offer that same specification or guarantee. That alone is surely a clear breach of contract & would apply even if there was no issue over the change of companies. No doubt there will be many other instances of differences between Everest products & their supposed Anglian equivalents. 

This doesn't help everyone of course, but it should all provide plenty of validity for a section 75 claim (& possibly chargeback if you're lucky) for those who wish to & are able to go down that route. 

wallwobble

Having initially found out that Anglian were taking over outstanding orders, they say the conservatory business is still going. It is not, I have gone back to Resolve without success. 
Does anyone know anything about the conservatory business, seems they liquidated it a few days after the window business went bust. I can only presume they are using my £7500 deposit and others to pay off their debts.
I have no idea whether Anglian will take the conservatory business or whether I have definitely lost my £7500. I am only glad that I kicked off on Trustpilot and got my windows in, they had been stalling since January, yet when the windows arrived it showed they had been manufactured in December so no idea why they messed us around. They did apologise, but now I have windows with no warranty, not even the FENSA certificate was completed, which they had time to do - they were incompetent but obviously knew they were going bust.
It's incredibly distressing to lose this amount of money, we paid via bank transfer as it was so much, so I think we are stuffed.

Aylesbury_Duck

wallwobble said:

Having initially found out that Anglian were taking over outstanding orders, they say the conservatory business is still going. It is not, I have gone back to Resolve without success. 
Does anyone know anything about the conservatory business, seems they liquidated it a few days after the window business went bust. I can only presume they are using my £7500 deposit and others to pay off their debts.
I have no idea whether Anglian will take the conservatory business or whether I have definitely lost my £7500. I am only glad that I kicked off on Trustpilot and got my windows in, they had been stalling since January, yet when the windows arrived it showed they had been manufactured in December so no idea why they messed us around. They did apologise, but now I have windows with no warranty, not even the FENSA certificate was completed, which they had time to do - they were incompetent but obviously knew they were going bust.
It's incredibly distressing to lose this amount of money, we paid via bank transfer as it was so much, so I think we are stuffed.

In your situation I'd be on to Anglian - nicely - to ask if there's anything you need to do to enable them to supply your conservatory.  Their response may give you hope that you'll at least get something.

Helonwheels

Section 74 claims for repairs.

I know this is not anywhere near in the same league as a lot of peoples issue with Everest but I was expecting an engineer to visit on 2nd May to make yet another repair to the patio doors we purchased in Sept 2022 when someone informed me they had gone bust.

I have contacted Installsure but they have told me that as I paid via a credit card I need to do a Section 75 claim.

Started the application online but it is asking me how much I want to claim, I only want enough to cover the repair not a full refund so was wondering what the best approach is.  Do I get a quote from a local installer or should I get them to do the repair and claim back the cost?

Having never made a claim like this I am not sure how it all works.

Aylesbury_Duck

Helonwheels said:

Section 74 claims for repairs.

I know this is not anywhere near in the same league as a lot of peoples issue with Everest but I was expecting an engineer to visit on 2nd May to make yet another repair to the patio doors we purchased in Sept 2022 when someone informed me they had gone bust.

I have contacted Installsure but they have told me that as I paid via a credit card I need to do a Section 75 claim.

Started the application online but it is asking me how much I want to claim, I only want enough to cover the repair not a full refund so was wondering what the best approach is.  Do I get a quote from a local installer or should I get them to do the repair and claim back the cost?

Having never made a claim like this I am not sure how it all works.

I'd get a quote and let your card provider know.  Better that than submit a claim and have it rejected because you didn't consult them first.

born_again

Helonwheels said:

Section 74 claims for repairs.

I know this is not anywhere near in the same league as a lot of peoples issue with Everest but I was expecting an engineer to visit on 2nd May to make yet another repair to the patio doors we purchased in Sept 2022 when someone informed me they had gone bust.

I have contacted Installsure but they have told me that as I paid via a credit card I need to do a Section 75 claim.

Started the application online but it is asking me how much I want to claim, I only want enough to cover the repair not a full refund so was wondering what the best approach is.  Do I get a quote from a local installer or should I get them to do the repair and claim back the cost?

Having never made a claim like this I am not sure how it all works.

Get a quote from a couple of companies. Getting money back after having work done without approval is not a good idea.
But given the issues you have faced, see if they will also give a report on the installation. If they raise several issues, yet to surface or part of the overall issue. You want to get them sorted.
Which is what S75 helps to cover.

TBH, Installsure are passing the buck here.

MSE_Molly_G

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.

robot1000

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