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Mondaynottuesday

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About Mondaynottuesday

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  1. Yeah, I referenced TP earlier in the thread and been monitoring for a while now, long before I found you guys. It's at 21% because they quickly post magical 5* reviews on receiving a truthful 1* review. If their manufacturing, installation and customer services team showed as much efficiency they wouldn't be in the mess they are in. Unfortunately most of the mess is very well hidden from your poor consumer and why to the very start of this thread, do you really have any consumer rights. That said, if you read those 1* reviews without knowing any different, you wouldn't believe it until you experience it. So yes, lesson learnt my side, any TP reviews with negative scores above 10% do major research, over 20% avoid completely. Trading standards should be dealing with this, not you guys, although I'm truly thankful for it. To this day I still can't understand how they are allowed to continue. GGF are completely useless as well, they say impartial advice can be given yet they refused to answer my queries unless I funded a £1000 + VAT site visit. Oh, their member would have to agree to that first also, so much for impartial, yeah I know they are being paid by the member but still! I'll post as things progress, it seems the legal team are indeed efficient when it comes to dealing with issues!
  2. BF, for your entertainment. Today I receive two letters, one from the court confirming their defense the other from Everest. It shows you the shower of sh&t I'm dealing with, enjoy! Everest.pdf
  3. Thank you Andyorch, this was my understanding, appreciate jumping in also. Thanks BF, I'll keep you all posted.
  4. Ok, they've decided to defend all of the claim. Before I send the full particulars, can you just confirm the differences between the cert of service in the top question vs. N215 below? Where is the top one if different and where do I send it as I can't see anything within the online portal. Q. If I check that box, when do I send detailed POC? A. You must send the full POC within 14 days of the claim having been served. You send it to the defendant directly. You must then file a certificate of service with the court within a further 14 days. Q. Doesn’t the court get a copy? Send a copy of the full POC to the court once a defence has been filed and the case has been transferred to your local court. Then send it to your local court.You must also file a N215 Certificate of Service within 14 days of the claim being issued.
  5. Shame I wasn't fully aware of that and maybe the case, however the court fees have already been paid and claim amount entered within the claim form submitted. I read the link but it seems to imply incurred costs due to the inconvenience of not having a car. I have covered this with the heating costs along with the additional decorating costs. These are the only physical costs incurred (decorating still to be confirmed), so to the point of being skilled then yes if I had you representing me then absolutely I would request damages sort for the situation they created but alas we'll go with what we have as we shouldn't be out of pocket at least. As you say, we have never tried to use this as a money grab, far from it, we just wanted to move on with minimal fuss. I'll note it for the next time although I hope there isn't one, not a pleasant experience for anyone to have to go through.
  6. No, not from here, from the solicitor we engaged initially, they basically said we could only recover costs incurred. Quote "You will not be able to claim for undue tress and personal time checking each window above. If you had to take time off work due tot he issues, we may be able to claim for this but we would need specific evidence." Does this cover inconvenience, I'm sure it does in some part at least and hence we always sought to recover costs.
  7. Morning BF No, we were told we couldn't claim for inconvenience unless you can prove taking time off from work, but nothing for stress, additional personal time trying to address the issues and so on. This has always been about terminating the contract and getting our deposit back, covering additional redecorating and heating cost caused by their incompetence. l'm sorry you feel otherwise, it comes across as if we are wasting your time which I can assure you we are not. We have come this far because of you, personal circumstances and work commitments could not allow for it to be done any quicker, believe me I wish it could've. I hope your view has not soured the intention to help, I'll be submitting the particulars of claim today. If you feel you've exhausted your support, I understand we are all very busy people. You have guided us this far, I have read many pages to understand the process and feel prepared for next steps. I will post back updates, please do not feel obliged to respond.
  8. Thanks BF, I am reading up as I go along just coming back for clarity questions to make sure I understood. Most is obvious but you do uncover conflicting or differing information which just needs confirming. As for the inconvenience figure, no I'm not asking for anything in addition to the actual costs we have or will incur due to their incompetence. The figure you see in the claim is all I want, I'd be happy with just the deposit back to be honest just so we can move on with someone else. I'll continue reading, come back here for more advice for sure.
  9. Excellent, and will do even though they are aware and we have no obligations with them unless Everest decline any attempt to pay outstanding balance, which they cannot. All they would be able to do is remove the discount applied due to taking that option. Once posted, I assume it's an initial waiting game to see their response and if they wish to defend, counter then a court date would be set automatically. This is my understanding. Really appreciate your help thus far, however this turns out.
  10. Understand and thanks, do you think the shortened version is good to go or still some work?
  11. I was calling out the specific CRA Chapter / Sections their breach applied to. So no nothing calls it out specifically, only alludes these areas. You deleted it, I assume as it was not required hence my concern someone may turn round and say "what breach am I calling out here"
  12. Hello BF, how's this shortened version as per your guidance. Could you also answer the above question please, just for my own sanity. Everest_Claim_Detail (Short BF).pdf
  13. No problem, I'll be sure to stick to PDF in the future. Question from previous... You deleted the type of breach I'm seeking, does this not need to be called out at all or is it obvious to all involved?
  14. Thanks BF I agree. I wasn't sure if the detail upfront would help them decide not to pursue but I'm sure it would not make any difference. Their argument will be the fact they have not been given the opportunity to rectify the situation, so I'm kind of thinking detail shouldn't matter. But yes, wanted you to view the full facts and cast opinion. If I knew you would have been ok with Word, I would have sent the source file so apologies, appreciate you taking the time to convert and amend. Question though, you deleted the type of breach I'm seeking, does this not need to be called out at all or is it obvious to all involved? The rest looks good, although I removed the interest option for ease so I'll leave that off.
  15. Hello BF, here's the full list that I know you will shout at me for but would like guidance on what isn't required and any missing detail. If you prefer smaller chunks let me know, again your help, guidance is most welcome.Everest_Claim_Detail_Final (Edit).pdf
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