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Everything posted by Mondaynottuesday

  1. There was nothing in the judgement that precludes us from claiming, no I don't believe so. Currently I have no idea if additional costs will apply, the replacement company are scoping fully next week now they can do what's needed to check. Good to know we can return, not that I wish to, but as you say why should we be further out of pocket because of their incompetence. I'll check out the post judgement, I'm really hoping we don't need it.
  2. It may cost us more to put right than initially thought, to your previous response about extra expense that we couldn't account for until we knew full extent which could only be uncovered once replacements go it. Could be just labour costs, maybe hardware increases due to spec changes to hide the mess. Early days will know more next week.
  3. Hi BF The reality is starting to appear as we start to peel back the onion skin unfortunately, I'll keep you posted!
  4. Dear BF Unbelievably, the cheque has indeed turned up and within the 10 days they promised, wow! Haven’t cashed it yet, hopefully it won’t bounce! I would like to say I can now put this behind me and move on, hopefully the damage they have caused can be covered up by the replacements, although there is only so much they can do. Thanks again for all the support, I'll be pushing people your way should the need arise. I'll update my post on Trustpilot and give you a shout out, for what it's worth.
  5. It's written down in the general form that gets sent out post ruling, and yes I raised the time to pick up once available to the judge whom responded with "I'm sure you both can work that out, you have direct contact with the defendant" etc. I will give them most likely 10 days, I'll base that on how quick they pay. Everest windows are a premium product. or not as I've since discovered, so we have no issues with the replacements being more expensive in fact they are 30% cheaper for equivalents. We do have those additional repairs we can't expect the new people to deal with, but we manged to claim that back so again, not out of pocket unless something comes up we couldn't forsee. I will not be messed around by them again, that I can assure you of. I'll keep you posted.
  6. There is no real arrangement Everest requested them to be returned, after the judge stopped laughing and asked if we had any problems returning the said faulty items, we responded that they are free to pick them up once we have our replacements in.
  7. LOL, just over £2K, they have 28 days to pay. After the hearing he stated they wouldn't wait and issue a cheque within 10. I won't hold my breathe, had many promises from them previously. I'll give them that and if not, look to place the enforcement per your suggestion. Thanks for the heads up, I'm still catching my breath over this and trying not to be naive to the fact games could continue. I do see they've been messing someone around on Trustpilot who was awarded in their favor! I'll keep you posted.
  8. Very much deserved and ofcourse, the court found that I did properly terminate the contract based on my statory pre-mentioned rights and as such awarded my desposit to be repaid along with damages I claimed for and costs. He couldn't award ancillaries (additional heating costs) as I couldn't really prove it, but as mentioned to you previously this was a insuccificant piece and sum. He did grant them the right to have their windows back, not sure why I didn't argue against that! :@) Happy to share further information if it helps.
  9. Dear BF, our day of reckoning came and went this Monday, sorry for the lack of communication till now but it was clear you had done as much as you could, then it was down to me. Your help and advice set us on a perilous path that I can most certainly say, is not for the faint hearted. I now fully understand why people avoid taking the necessary steps to stop companies like Everest treating them as they do. Legal legislation, especially the terminology used and sheer length including all the different clauses are enough for anyone to think, ok I’m way out of my depth, I’ll give up. The same applies to the contracts you sign with these companies which are clearly there for one reason, and one reason only, to protect the company you are signing up with even when they screw up and you end up being a victim of incompetence, ignorance and greed. The whole process of bringing a case against these people when you are not familiar with your rights or legal jargon, is shamefully long winded, time consuming and damn right confusing with no help from those you would expect to be there. However, you are correct in the notes you have written on your website, once you’ve been through it, you can look back and say “actually knowing what I know now…” Don’t get me wrong, the stress and sleepless nights going through this the first time was extremely painful, but this is where your help alleviated much of the unknown, I wish we found you sooner. My case came down to one specific item, basic “statutory right” as a consumer to have faulty goods replaced, repaired or monies refunded, most importantly, within a reasonable time and at my convenience. Yes, you need to ensure you do not obstruct the supplier in any way and give them every chance to repair or replace (once), but it still must be done within a reasonable time and at the convenience of the consumer. Warning to any readers, that reasonable time is a variable depending on product and how the supplier conducts themselves throughout. Judgment Day: The District Judge conducted the hearing in a very calming and respectful manner for the uneducated, ensuring I as the non-legal entity, gave the best account of events as I could. In fact, he ripped apart the extremely poor defense presented, making the Everest so called “head of legal” squirm like a baby eating a lemon which in itself was worth the pain we went through to see. I must thank YOU personally for the support, time, understanding (although a little impatient at times) and courage you instilled within me to take the next steps necessary to end our misery. I know whole-heartedly if we didn’t progress down this path we’d still be fighting them over the poor workmanship and product quality yet being forced to pay the full price before 100% completion (another clause in their contract). We can now move on with our lives, some 14 months from the shambolic display of fitting the best! Shout out to Andyorch also. Yes, WE WON!
  10. Thank you BF. Will do an update in full in the Morning as we finally got our day in Court!
  11. thank you Andyorch, so it should come in the post from the courts if not I'll download, oh the joys ;0)
  12. Which was the 15th with notification on the 19th for the detailed particulars. Ok, so I haven't done anything wrong nor missed an opportunity which is fine. I'll await the DQ then take it from there, I see 33 days for that one! Just to be clear on whom sends the DQ, sorry to ask again. If you would like to proceed with your claim upon receipt of a paid, full or part defence you must notify the court by following the directions enclosed with the copy of the defendant’s response. If you have been sent a questionnaire to complete this must be returned by the date specified. Failure to do so may result in your claim being struck out. Should I be expecting a posted letter from them which includes this as nothing was submitted online or included within the email they sent. Or do I get this from the MCOL team as they sent previously the acknowledgement.
  13. Yeah, I think they were late and why they needed to do it. The documents aren't clear on exact timelines, one say's 14 days another 28 days and we see 19 calendar days. Most certainly not user friendly for the uneducated I must say.
  14. Hello BF, just looking at the MCOL portal and see new entries. A bar was put in place for Everest on 04/04 Everest filed a defence 04/04 DQ sent to Everest 04/04 Any ideas on the bar statement, it seems to prevent a warrant being sent?
  15. Just checked, think it's 19 days via MCOL so right on the money it seems!
  16. Another question, I may have missed their deadline! The date of Service was given as the 15th March, they were issue notification on the 19th March. They respond today without requesting an extension, have I missed an opportunity for default judgement? I thought they had 28 days to respond post service date.
  17. Sorry BF, it was throwing it together quickly for your benefit only. Yes, totally agree with the detail you mention. I'll start puling it together per the above and post over the coming weeks. Unfortunately I'm out on business next week so I'll have to find the time but it seems there is no rush! As for the questionnaire, a little confused with the instructions within the MCOL user guide, can you help? Full defence – the defendant wishes to dispute the full amount of the claim. You will be provided with the defence and asked to file a directions questionnaire. If you would like to proceed with your claim upon receipt of a paid, full or part defence you must notify the court by following the directions enclosed with the copy of the defendant’s response. If you have been sent a questionnaire to complete this must be returned by the date specified. Failure to do so may result in your claim being struck out. I haven't received any directions, this may be because they only cc'd me on their response to the MCOL email address. Would this be updated on the website once processed do you know?
  18. Here you go, hopefully suitable for your needs. I will detail fully so take this as a crude draft only. I've only pulled out the key iEverest2.pdftems.
  19. Couldn't agree more, seems a very lame, contradictory response but hardly surprised based on firsthand experience I've had. The technical bit you refer to is submission of the contract, not sure I needed to send that to them but include for the court pack only? Did you want me to submit the table to you, or was it for my benefit in court only?
  20. Hello BF Been a while but they finally sent their defense today, find attached. I've bold the untruths, they even got the contract price incorrect even though they submitted it with a copy of the contract! They are lying, I guess I'll need to prove that, it's as if they are confusing me with someone else's problem AGAIN! Everest.pdf Anyway, have a read and let me know your thoughts. They also failed to send the questionnaire, I'll check the MCOL user guide to see if they were meant to have sent it or I need to get it. Look forward to any advice you can offer.
  21. 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!
  22. 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
  23. Thank you Andyorch, this was my understanding, appreciate jumping in also. Thanks BF, I'll keep you all posted.
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