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  • FIRST POST
    • FreebirdUK
    • By FreebirdUK 2nd Aug 18, 7:06 AM
    • 10Posts
    • 6Thanks
    FreebirdUK
    Everest Windows - 'The Worst' - Grateful for advice please
    • #1
    • 2nd Aug 18, 7:06 AM
    Everest Windows - 'The Worst' - Grateful for advice please 2nd Aug 18 at 7:06 AM
    We signed up for all windows and one door to be fitted by Everest on 3rd May 2018, total cost to be £16,094. We paid a deposit £4,828. The agreement gives a Target Installation Date of 9 to 10 weeks (although the small print states that this is not a term of the agreement). I also received a letter from their Customer Service Team confirming that the installation would take three days and would start on 1st August 2018. The letter states that should there be any delay they would contact us immediately.


    Yesterday (1st August) we prepared the house, moving furniture etc, and rescheduling 3 days of appointments. But no one turned up.


    I phoned Everest and asked what was happening and I was told that the job was not being done that day, she said she was looking at the contract and cant see anywhere that its booked for 1st August, she said they had not even got parts in yet and the job was booked in for 8th October. I told her I had a letter confirming 1st August 2018 and it seemed she didnt believe me, in fact she might as well have been on the mountain Everest as she was cold and entirely unsympathetic. I think she said that they wouldnt have the parts until 30th August, I felt this was unreasonable having to wait 23 weeks instead of the 9 or 10 on the contract (even though apparently the small print says that was not a term of the contract), she said I would not be allowed to cancel the contract at this stage and that I would be liable. Also that I would have to follow their complaints procedure.


    To be honest this call did nothing for their customer service and the tone and content of the call led me to believe that they were used to customers complaining, even though this wasnt a line for complaints. She asked for a copy of the letter giving 1st August as the installation date and I emailed a scanned copy to her, requesting a read receipt and I also asked her to confirm receipt. I did not receive a read receipt and she did not acknowledge receipt of the email. This only adds to my deep distrust of this company.


    I will start the complaint today but I am not letting this drag on for weeks, also I wont be sweet talked or threatened and will be looking at trading standards or whatever customer protection there might be these days. If necessary I will cancel and lose the deposit even though its a lot of money, I wont be fobbed off and messed about by cowboys. I will try to get the money back after and I will ensure I give multiple (true) reviews on the web as these people arent the best just a shabby bunch of con artists.


    I would be most grateful for any ideas as to what my rights are, especially in regard to cancelling the contract and getting our deposit back, we are pensioners with a limited income and dont have money to spare, we saved hard for these windows. But I will not be ripped off by anyone. We would never have signed if we knew it would take 23 weeks.


    Phil Sherry
    Last edited by FreebirdUK; 02-08-2018 at 8:53 AM. Reason: Typos
Page 2
    • gcrookes26
    • By gcrookes26 24th Sep 18, 10:47 AM
    • 2 Posts
    • 2 Thanks
    gcrookes26
    I am new to this. We have just cancelled our order with Everest having paid £2000 deposit. Any advice on how to get this deposit back would be gratefully received. Placed order in late May promised installation by end of September now told wont start till 12 November because of high demand for their product and cant get a builder till November. Final straw they will not commit to a completion date. Can I go to the small claims court or do I have to go through their complaints procedure?
    • Agricolae
    • By Agricolae 24th Sep 18, 8:57 PM
    • 373 Posts
    • 194 Thanks
    Agricolae
    I am new to this. We have just cancelled our order with Everest having paid £2000 deposit. Any advice on how to get this deposit back would be gratefully received. Placed order in late May promised installation by end of September now told wont start till 12 November because of high demand for their product and cant get a builder till November. Final straw they will not commit to a completion date. Can I go to the small claims court or do I have to go through their complaints procedure?
    Originally posted by gcrookes26
    You could go through the courts if you'd rather not go through the complaints procedure first. Going through the complaints procedure won't prevent you from going to court later if that doesn't work.

    Was the September promise in writing? Was it in the contract? How it was written is important.
    • FreebirdUK
    • By FreebirdUK 4th Oct 18, 1:15 PM
    • 10 Posts
    • 6 Thanks
    FreebirdUK
    UPDATE

    Ok, windows to be installed in 4 days time (2 months after proised), and today a call from Everest (somehow I wasnt surprised). I am now told that they can fit the windows on Monday as arranged but there is a problem with the door. I asked what sort of problem, she couldnt say, she said she would keep asking for updates and would then update me. I asked what sort of time are they talking about, at first she said she didnt know. I said it cant be open ended, she said oh no probably a couple of weeks. Im expecting more problems in the weeks to come. What a bunch of cowboys.
    We will only be paying for the windows, not the door. Can anyone advise me if I can cancel the door withour any hassle as this is just dragging on and to be honest I am sick of this company and just want to see the back of them.
    Last edited by FreebirdUK; 04-10-2018 at 1:21 PM. Reason: Additional
    • Babymike777
    • By Babymike777 14th Dec 18, 8:56 AM
    • 2 Posts
    • 2 Thanks
    Babymike777
    Dreadful everest
    My partner and I have saved up for 8 years to renew our windows, doors and conservatory. After different companies proposing to us, we settled on Everest because we believed by paying a bit more and using this well known company, we would get the best. In May we were assured that the work would be done before Christmas because in 2019 my partner and I would not be in the country. I currently live and work abroad for a period and partner is due to join me before Christmas so installation would not be possible during 2019. One of of the ways offered to reduce the total price by 5% was to sign up for finance with Home Solutions, who have a deal with Everest to provide such a discount and then I was told before the first payment, or in between the first and second payment, i canít be sure exactly, I would Pay off the full amount to them and therefore we would apparently not be subject to the interest imposed by taking out the finance, due to a consumer credit law that enabled this, however it didnít sit comfortably with me at all, so on the 28th May I sent a text to the Regional manager to say as much and insisted that this financial agreement must be cancelled as I was inside my cooling off period of 14 days, and to increase the price by 5% and I was happy to pay. I didnít want to be party to such shenanigans. As a result the contract was amended. We received notification that the conservatory would be provisionally booked to be installed on 8th October. I booked a flight home to be there for the installation. At this stage, We still hadnít heard a single thing about the installation of the windows and doors. My partner and I were calling regularly with no success so I reverted to contacting the salesman through WhatsApp to find out what was going on. On August 1st, I was trying to establish what progress had been made regarding the windows and doors. I was told it was with the tech team. We tried to get through to speak with someone at Everest for updates in August and September with no success. On 21st September I text the salesman and asked for an update. Not one person had contacted us. I could literally only get a response from The salesman through text message for updates and information. In one of his texts I was told that communication is something that has been addressed in the company and it's not only ourselves that were having problems and apparently there's been a big turnover in staff at the call centre. My partner and I tried to contact Everest many times and ended up having to revert back to old fashioned text messages with the original salesman for information and updates. It materialized that there seemed to be a problem for constructing a simple portal frame for the bifold doors to go into the sunroom. Something that is so simple to do. Since it was very important to get the work done by the end of the year, I was getting concerned that the widows and doors wouldnít be installed in October. On the 24th September I was told that a local engineer could construct the portal frame within a week. The next day 25th September, I was informed by text that the order had been given to the director because of the trouble it had caused us, and it shouldnít be a stressful process, especially considering the money we have spent. In the same text we were told that he had spoken to the area manager who decided to get senior management involved, and they were unhappy as they think they are the best but they hadnít achieved that. He went on to say that the project would not be installed on the 10th October. We were so disappointed. After over 4 months, could a company be so incompetent, as not to be able to do something so easy. Just to say up to this point, no one from operations had contacted us whatsoever. All our information and updates were from the salesman. On the 26th September I was told by text that the reason for this was due to one of the companies making the portal frames had pulled out last minute and they are looking for another company to replace them, and now that the director was involved things should get resolved fairly quickly.
    Nothing happened. No one contacted us. We tried to get in touch with someone, the only person we were able to talk to from customer services was as frustrated as we were. During one particular conversation on the 2nd October with customer services my partner was told the windows, doors and sunroom contract had been cancelled due to the problem with the portal frame. Not one person from Everest had called us since the contract was signed back in May. We were the ones fighting for scraps of information.
    I told the salesman what we were told. On 3rd October, He informed me by text message that it wasnít cancelled and the situation has been brought to the attention of every manger and the CEO in relation to operations mistakes, and that operations had been bombarded with emails and calls from his managers and if they donít call us, he wouldnít like to be in their shoes. He went on to write that, he was embarrassed with whatís happened and that it was a joke. He wrote that there were certain people in the company that had really let them down and ruined their reputation not to mention causing us and other customers an unbelievable amount Of stress. we were becoming incredibly stressed. The ďprovisionalĒ installation date of the conservatory was changed from the 8th October to the 10th. I flew back to the UK on the 7th October specifically for this, using two weeks annual leave, anticipating installation of Windows, doors, sunroom and conservatory. By now it was clear that only the conservatory would be installed in October. On 8th October I spoke to operations who called me, but would get back to me. shortly after I spoke to the regional manager on the phone. He told us that hand on his heart, in all his career with Everest he had never known Everest let a customer down or treat somebody, the way they have us. That he himself sent out 30 or 40 emails and heíd even sent a grievance complaint to the CEO regarding what operations have done and how we have been treated, and that the only reason operations called me was that the CEO made him do so. He also said that if the windows and doors couldnít be installed to hold off on the conservatory because obviously everything has to match. He said that if the windows and doors couldnít be fitted we would be entitled to receive our deposit back because the company has broken the contract. He also added that when all the work is done I should be asking for some kind of compensation for the shoddy customer service and he would help us with that and we could get some recompense for all the nonsense and messing about we have endured. He said he was completely speechless with what has happened. We didnít want to cancel anything. We didnít have time. Despite what had gone on. We needed the work done before Christmas. Then On 10th October the Morning of the installation of the conservatory, I received a phone call from the installation team to say they wonít be installing the conservatory now, and it was postponed. Apparently the ridge was damaged. We were devastated. Let down yet again. We couldnít believe it. I came home from the other side of the world and both my partner and I had sacrificed our annual leave for 2018 for nothing. A few days later operations called me to say that the sunroom also couldnít be done. They had run out of ideas. I told them to just deduct the sunroom off the contract and I would find someone else to do it, in order to get things moving. we were not happy and It was now going to cost us more than they reduced the price by and we were very angry and frustrated because if they had told us from the beginning, they couldnít do it, we would never have gone with Everest. We wanted one company to do the whole job. We needed the work done so I managed to book a week off in December. From October 11th until now beginning of December we have heard absolutely nothing from the conservatory department. Not a thing despite me leaving messages and calling all people. I was speaking to a gentleman from the windows and doors side of the business who was trying to arrange that side of it. Eventually on 14th November the operations gentleman called me to say that unfortunately they had supply chain problems with manufacturing certain arched windows they had quoted for, and that the work could not be done until 2019. This was not possible as they knew we were not going to be there. Besides. By this stage after nearly 6 months we decided that enough was enough and We couldnít go on anymore. I was and I still am suffering a lot of stress and depression due to how we have been treated, as has my girlfriend.
    I contacted the customer service department and requested our deposits back due to what has, or more accurately, hasnít happened. This was declined and we were told that we should allow access for them to do the work. That they are willing to go ahead. Unbelievable. This would be next year. We are not here next year. In 2019 we are not going to be in the the uk. They knew this in May 2018. Nothing has happened. I have now filed a smalls claim court proceedings against Everest. All we want are our deposits of £6,686 and for Everest to get out of our lives. We are fair and straight people. In 7 months. Nothing has been done. Despite all the messing about by Everest. Buying a ticket Flying to the UK for a cancelled installation and wasting two weeks leave. We just want what is ours back. £6,686. We donít want extra compensation although everyone we talk to says we should. To tell us that we should let them continue is insulting. Iím depressed. Having to goto court to get our money back is going to cost us money and make my partner stressed and depressed. We will have to fly to the UK for one day to attend. Which we will. But all this disruption and extra cost to our lives because of the incredible incompetency of Everest.

    Please. Avoid using Everest.
    • pimento
    • By pimento 14th Dec 18, 10:32 AM
    • 5,733 Posts
    • 7,413 Thanks
    pimento
    Rendered a bit more legible.

    My partner and I have saved up for 8 years to renew our windows, doors and conservatory.

    After different companies proposing to us, we settled on Everest because we believed by paying a bit more and using this well known company, we would get the best.
    In May we were assured that the work would be done before Christmas because in 2019 my partner and I would not be in the country. I currently live and work abroad for a period and partner is due to join me before Christmas so installation would not be possible during 2019.

    One of of the ways offered to reduce the total price by 5% was to sign up for finance with Home Solutions, who have a deal with Everest to provide such a discount and then I was told before the first payment, or in between the first and second payment, i canít be sure exactly, I would Pay off the full amount to them and therefore we would apparently not be subject to the interest imposed by taking out the finance, due to a consumer credit law that enabled this, however it didnít sit comfortably with me at all, so on the 28th May I sent a text to the Regional manager to say as much and insisted that this financial agreement must be cancelled as I was inside my cooling off period of 14 days, and to increase the price by 5% and I was happy to pay. I didnít want to be party to such shenanigans. As a result the contract was amended.

    We received notification that the conservatory would be provisionally booked to be installed on 8th October. I booked a flight home to be there for the installation. At this stage, We still hadnít heard a single thing about the installation of the windows and doors. My partner and I were calling regularly with no success so I reverted to contacting the salesman through WhatsApp to find out what was going on.

    On August 1st, I was trying to establish what progress had been made regarding the windows and doors. I was told it was with the tech team. We tried to get through to speak with someone at Everest for updates in August and September with no success.
    On 21st September I text the salesman and asked for an update. Not one person had contacted us. I could literally only get a response from The salesman through text message for updates and information. In one of his texts I was told that communication is something that has been addressed in the company and it's not only ourselves that were having problems and apparently there's been a big turnover in staff at the call centre. My partner and I tried to contact Everest many times and ended up having to revert back to old fashioned text messages with the original salesman for information and updates.
    It materialized that there seemed to be a problem for constructing a simple portal frame for the bifold doors to go into the sunroom. Something that is so simple to do. Since it was very important to get the work done by the end of the year, I was getting concerned that the widows and doors wouldnít be installed in October.

    On the 24th September I was told that a local engineer could construct the portal frame within a week. The next day 25th September, I was informed by text that the order had been given to the director because of the trouble it had caused us, and it shouldnít be a stressful process, especially considering the money we have spent. In the same text we were told that he had spoken to the area manager who decided to get senior management involved, and they were unhappy as they think they are the best but they hadnít achieved that. He went on to say that the project would not be installed on the 10th October. We were so disappointed. After over 4 months, could a company be so incompetent, as not to be able to do something so easy. Just to say up to this point, no one from operations had contacted us whatsoever. All our information and updates were from the salesman.

    On the 26th September I was told by text that the reason for this was due to one of the companies making the portal frames had pulled out last minute and they are looking for another company to replace them, and now that the director was involved things should get resolved fairly quickly.
    Nothing happened. No one contacted us. We tried to get in touch with someone, the only person we were able to talk to from customer services was as frustrated as we were. During one particular conversation on the 2nd October with customer services my partner was told the windows, doors and sunroom contract had been cancelled due to the problem with the portal frame. Not one person from Everest had called us since the contract was signed back in May. We were the ones fighting for scraps of information.
    I told the salesman what we were told.

    On 3rd October, He informed me by text message that it wasnít cancelled and the situation has been brought to the attention of every manger and the CEO in relation to operations mistakes, and that operations had been bombarded with emails and calls from his managers and if they donít call us, he wouldnít like to be in their shoes. He went on to write that, he was embarrassed with whatís happened and that it was a joke. He wrote that there were certain people in the company that had really let them down and ruined their reputation not to mention causing us and other customers an unbelievable amount Of stress. we were becoming incredibly stressed. The ďprovisionalĒ installation date of the conservatory was changed from the 8th October to the 10th. I flew back to the UK on the 7th October specifically for this, using two weeks annual leave, anticipating installation of Windows, doors, sunroom and conservatory. By now it was clear that only the conservatory would be installed in October.

    On 8th October I spoke to operations who called me, but would get back to me. shortly after I spoke to the regional manager on the phone. He told us that hand on his heart, in all his career with Everest he had never known Everest let a customer down or treat somebody, the way they have us. That he himself sent out 30 or 40 emails and heíd even sent a grievance complaint to the CEO regarding what operations have done and how we have been treated, and that the only reason operations called me was that the CEO made him do so. He also said that if the windows and doors couldnít be installed to hold off on the conservatory because obviously everything has to match. He said that if the windows and doors couldnít be fitted we would be entitled to receive our deposit back because the company has broken the contract. He also added that when all the work is done I should be asking for some kind of compensation for the shoddy customer service and he would help us with that and we could get some recompense for all the nonsense and messing about we have endured. He said he was completely speechless with what has happened. We didnít want to cancel anything. We didnít have time. Despite what had gone on. We needed the work done before Christmas. Then On 10th October the Morning of the installation of the conservatory, I received a phone call from the installation team to say they wonít be installing the conservatory now, and it was postponed. Apparently the ridge was damaged. We were devastated. Let down yet again. We couldnít believe it. I came home from the other side of the world and both my partner and I had sacrificed our annual leave for 2018 for nothing. A few days later operations called me to say that the sunroom also couldnít be done. They had run out of ideas. I told them to just deduct the sunroom off the contract and I would find someone else to do it, in order to get things moving. we were not happy and It was now going to cost us more than they reduced the price by and we were very angry and frustrated because if they had told us from the beginning, they couldnít do it, we would never have gone with Everest. We wanted one company to do the whole job. We needed the work done so I managed to book a week off in December. From October 11th until now beginning of December we have heard absolutely nothing from the conservatory department. Not a thing despite me leaving messages and calling all people. I was speaking to a gentleman from the windows and doors side of the business who was trying to arrange that side of it. Eventually on 14th November the operations gentleman called me to say that unfortunately they had supply chain problems with manufacturing certain arched windows they had quoted for, and that the work could not be done until 2019. This was not possible as they knew we were not going to be there. Besides. By this stage after nearly 6 months we decided that enough was enough and We couldnít go on anymore. I was and I still am suffering a lot of stress and depression due to how we have been treated, as has my girlfriend.

    I contacted the customer service department and requested our deposits back due to what has, or more accurately, hasnít happened. This was declined and we were told that we should allow access for them to do the work. That they are willing to go ahead. Unbelievable. This would be next year. We are not here next year. In 2019 we are not going to be in the the uk. They knew this in May 2018. Nothing has happened. I have now filed a smalls claim court proceedings against Everest. All we want are our deposits of £6,686 and for Everest to get out of our lives. We are fair and straight people. In 7 months. Nothing has been done. Despite all the messing about by Everest. Buying a ticket Flying to the UK for a cancelled installation and wasting two weeks leave. We just want what is ours back. £6,686. We donít want extra compensation although everyone we talk to says we should. To tell us that we should let them continue is insulting. Iím depressed. Having to goto court to get our money back is going to cost us money and make my partner stressed and depressed. We will have to fly to the UK for one day to attend. Which we will. But all this disruption and extra cost to our lives because of the incredible incompetency of Everest.

    Please. Avoid using Everest.
    Originally posted by Babymike777
    "If you think it's expensive to hire a professional to do the job, wait until you hire an amateur." -- Red Adair
    • DoaM
    • By DoaM 14th Dec 18, 10:39 AM
    • 7,614 Posts
    • 7,444 Thanks
    DoaM
    Were you bored and needed something to do?
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • pimento
    • By pimento 14th Dec 18, 10:41 AM
    • 5,733 Posts
    • 7,413 Thanks
    pimento
    Were you bored and needed something to do?
    Originally posted by DoaM

    Yes

    I thought she might get more replies if people could actually read it.
    "If you think it's expensive to hire a professional to do the job, wait until you hire an amateur." -- Red Adair
    • lincroft1710
    • By lincroft1710 14th Dec 18, 2:33 PM
    • 12,100 Posts
    • 10,626 Thanks
    lincroft1710
    Yes

    I thought she might get more replies if people could actually read it.
    Originally posted by pimento
    It's just too long.
    • Babymike777
    • By Babymike777 14th Dec 18, 3:49 PM
    • 2 Posts
    • 2 Thanks
    Babymike777
    Thank you Pimento. You are fabulous.

    Lincroft. I know it’s long. There is so much we have left out to keep it this short.
    • waamo
    • By waamo 14th Dec 18, 4:40 PM
    • 7,485 Posts
    • 10,158 Thanks
    waamo
    It could still do with more paragraphs. Did Everest make the keyboard and forget to put a return key on?
    This space for hire.
    • lincroft1710
    • By lincroft1710 14th Dec 18, 4:44 PM
    • 12,100 Posts
    • 10,626 Thanks
    lincroft1710
    Thank you Pimento. You are fabulous.

    Lincroft. I know itís long. There is so much we have left out to keep it this short.
    Originally posted by Babymike777
    Sorry, but that is not short, it must be one of the longest posts on MSE. Is there any way you could highlight the most salient points.
    • waamo
    • By waamo 14th Dec 18, 5:25 PM
    • 7,485 Posts
    • 10,158 Thanks
    waamo
    Sorry, but that is not short, it must be one of the longest posts on MSE. Is there any way you could highlight the most salient points.
    Originally posted by lincroft1710
    They have waited 7 months for the instillation to happen. They now want their deposit back after being given the run around.
    This space for hire.
    • squirrelgirl
    • By squirrelgirl 4th Jan 19, 9:08 AM
    • 452 Posts
    • 2,464 Thanks
    squirrelgirl
    No advice to give but I wanted to show my support...I'm also having massive issues with everest - they installed my windows and door in Oct- goods are faulty (and the installation is faulty too!) everest are refusing my statutory right to reject - I'm filing a claim today to take them to court...it's been beyond stressful!
    12 Month Challenge:[COLOR=]"Red"Mortgage - £5929/£16000 ; MFW 2019 No. 58 GC £737.26/£3600 Jan £270/Feb £50/ March £87.26/April £180/May £150
    • WiserNow
    • By WiserNow 4th Jan 19, 6:52 PM
    • 2 Posts
    • 2 Thanks
    WiserNow
    I have just posted this comment on another MSE thread & I feel it is pertinent here too.
    No reply, as such, on any one comment but if you're thinking of choosing Everest, in my experience,
    JUST SAY NO!
    4th Jan 19, 7:34 PM
    As you can see, this is my first post!
    I've literally just joined this afternoon & have been driven to do this by my dealings with Everest, they have been appalling.
    Firstly I must say I cannot comment on their current range, my entire house, every door, window, garage, porch & bi-fold conservatory ones were purchased from them just over 5 years ago.
    The installers & subsequent repair guys have all been sub contractors but with Everest vans etc who have mostly been adequate at least &, at times, proper old school good general builder/fitter types. Pot luck I guess as to who you get on the day.
    The price you pay is up to you to choose, "let the buyer beware" as the saying goes, but it's your hard earned cash so think long & hard. The fact that you're here infers your concern & it's well grounded.
    I'm not getting into technical stuff I don't precisely know here, I just want to warn any potential customers about Everest's appalling, disrespectful, unattentive, soul destroying, obfuscatory & time wasting customer care once they have your money.
    Every bad story you read about them has to be true, for me, due to the repetitive nature of every single complaint read. My last straw/complaint involves 6 faults reported June 2017 (& re-reported regularly) which were finally due to be fixed (again) today. Their letter said today. Their phone call yesterday afternoon said today. Today, an hour & a half after their supposed arrival time they phoned to say not today - they didn't have the parts. This anecdote is just a tiny fragment of the pages of failed appointments, promises & communication.
    My advice is don't trust them, find an alternative because you never really find out how expensive Everest are until it's too late & those expenses are after the fleecing they give you with your purchase price - your time, patience & sanity.
    Good luck, you've been warned with my experience!
    • Fui
    • By Fui 7th Feb 19, 8:36 PM
    • 1 Posts
    • 0 Thanks
    Fui
    Hi i just wanted to know whether you made the application to court. Has this been resolved?
    • deevineb1
    • By deevineb1 3rd Jun 19, 11:04 AM
    • 1 Posts
    • 0 Thanks
    deevineb1
    @FreebirdUK. Was your issue resolved? I am in a similar position in that I ordered windows and doors in Aug 18, paid a deposit in Sep 18 and have not had them installed. They gave an installation date in Apr 19 but cancelled the week before claiming there is a problem with the configuration of one of the windows.

    It is totally unreasonable after 10 months and I'm prepared to take them to the small claims court, just wondered if your dispute was settled in any other way?
    • Brigadierhhk
    • By Brigadierhhk 19th Jul 19, 11:28 AM
    • 4 Posts
    • 0 Thanks
    Brigadierhhk
    Just finished reading the above posts. Believe me, you have my sympathy. We ordered £20k of windows, exactly one year ago, from "the best". After five weeks, we asked their salesman to return as we were about to give them another order. Guy arrives, tells us our windows are not in production yet. Remind him of 4-6 weeks promise. Get a load of the usual twaddle. Write to their C.E.O. and others. Get nothing back!

    After 4/5 days with no contact, I cancelled the order. The phone never stopped ringing, I must have been their most important customer. Was promised the world, but by then, I had read loads of horrific reviews about the company. Something I should have done beforehand, learned a lesson there!
    Anyway, I told them to stick their promises whereupon I was advised they would be keeping our £.3.5k deposit. Advised their legal guy that I would be suing and duly did so after an interval due to family illness.

    As soon as they got the Court paperwork, their lawyers were on the case. I should say we did offer mediation initially but got no response. I now have a Court date in September. I need to pay the £355 hearing costs by next week. Their lawyers threatened to sue us for loss of profits etc. A couple of weeks ago, their lawyer was on the phone asking if we could settle without going to court. Again, he was told to go away.

    A couple of days ago, we received a cheque from "them" for our deposit and the £205 court costs we had already paid. The accompanying letter advised that this was "in full and final settlement " of our claim. They will soon find out that unlessl I agree to this being "full and final", it is no such thing.

    So, it is possible to get your hard earned cash back although they will, in my opinion, do anything to deter you, ranging from what their "contract" states to threatening letters from solicitors.. However, having read their amazingly long/involved contract, again something I should have done at the outset, it is difficult, in my opinion, to find a concrete date for production/fitting

    It currently costs around £555 to get to a hearing in the small claims court. If you consider that you have a good "case" and can afford this amount, you may wish to consider that path. Threatening legal action will probably not get you anywhere, as we found out..

    Get some free legal advice, this can be obtained from CAB and some university legal departments (Chester).
    • DoaM
    • By DoaM 19th Jul 19, 11:51 AM
    • 7,614 Posts
    • 7,444 Thanks
    DoaM
    Was the letter titled Without Prejudice Save As To Costs?

    If you take it to a hearing you're unlikely to get much more than your original deposit plus court costs anyway. And if they show the judge the above letter (even assuming you win) then the judge may decide that you acted unreasonably by proceeding with the claim and deny you your costs anyway.

    And if your claim also includes a sum for "emotional distress" or similar then this will be struck from the claim anyway, as such amounts cannot be claimed via the small claims track.

    A pragmatist would accept their out of court offer.
    Last edited by DoaM; 19-07-2019 at 11:54 AM.
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • Brigadierhhk
    • By Brigadierhhk 19th Jul 19, 11:10 PM
    • 4 Posts
    • 0 Thanks
    Brigadierhhk
    Hi Doam,
    This was my first ever post so, apologies for being inept. But, I also wanted to keep my paragraphs short!

    No "without prejudice". The cheque has been cashed. I will ask for interest as that was on the claim. The other items you raised don't apply. But, good of you to point them out to me/anyone reading this. If I get nothing else, I won't break sweat. However, I would like them to take some time, as they have taken so much of ours, to consider what I'm asking for.

    I just really feel for the people who think they are being shafted. I thought we were. I have a good idea of how things work. All of the above posts are pretty much how we felt. When a huge company sends the lawyers in, I think a lot of people would question whether their claim is good enough/will stand up in court.

    A small claims court is not as daunting as a criminal trial. Yes, it's still frightening unless you've been there before. But as Litigants in Person you are given a little leeway. It's nothing to be frightened of (this was not for you DoaM). The judge is aware that court is not your natural environment and, in my experience, the litigants in person get a really good crack at the whip.

    My heart bleeds for the person who posted "the longest post". I know how they feel. In my experience with the big E, i thought I was lied to and misled. Tough whatsits for E but, I'm fairly legal savvy.

    QUESTION. So many complaints about E and, whilst not all are the same, has anyone considered a "class action" encompassing all of their alleged failures? With the number of complaints this could be cheap and relaxing? And satisfying!

    Don't give up folks and have too many sleepless nights. If you think you have a reasonable case ((longest post ever) then ask around and go to court if you are happy with what you've been told.You will get their legal (crap) and threats of all types but, in my opinion, they don't want to go to court..

    Best of luck to you all. Don't feel you're the victim, ask what a reasonable person would think, check it out (free legal services) and if you've got a few quid to lose, go for it.
    • Brigadierhhk
    • By Brigadierhhk 19th Jul 19, 11:34 PM
    • 4 Posts
    • 0 Thanks
    Brigadierhhk
    Hi pimento,
    Just read your "Experience" a day ago. Your paragraphs are fine as, when I got annoyed with E, my paragraphs would have been DAYS/not pages long, and no commas but lots of ffing! In fact my doberman told me to "shut it"!
    Chin up, get some free legal advice, in my opinion, they're taking the mick! As we fond out with our order!
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