Everest Windows - 'The Worst' - Grateful for advice please

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  • waamo
    waamo Posts: 10,298 Forumite
    First Post First Anniversary Name Dropper
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    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.

    They have waited 7 months for the instillation to happen. They now want their deposit back after being given the run around.
  • [Deleted User]
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    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! :(
  • WiserNow
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    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
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    Hi i just wanted to know whether you made the application to court. Has this been resolved?
  • deevineb1
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    @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
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    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
    DoaM Posts: 11,863 Forumite
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    edited 19 July 2019 at 12:54PM
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    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.
  • Brigadierhhk
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    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
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    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!
  • Brigadierhhk
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    found with our order
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