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Jollie t

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  1. Just had this reply to a previous email Thank you for your reply. I have read the emails of the 2nd of June and the 5th of June. I do not have an issue with the fact that speeding things up was important to you. However that request doesn’t form part of the actual contract you signed or the terms which you have agreed too. With respect you are misunderstanding the terms you have quoted to me. You have missed out the first part of the clause 7.3 which makes clear its relation to clause 15. Whilst clause 15 doesn’t mention suppliers it does list events outside of our control 15.2 (b) epidemic. As I explained in my original email, the current situation is unprecedented. No one would have been able to predict the impact the epidemic would have on the supply chain, this isn’t I must make clear an issue that is happening to Ideal Window Solutions Ltd, but is happening industry wide, we have very many written examples of this which we would use to support our claims. The contract terms make clear that the estimated delivery is a guideline, and that we will do our best to meet them bearing in mind the points made above, events are beyond our control, but you have been made aware of them. The current issues in terms of the delivery do not constitute a substantial delay, even though you disagree, and goods ordered on contract that are of a bespoke nature made for your house only are treated differently under the consumer rights act 2015. The fact we were not affected by lockdown at the time you asked the question before signing your contract has no relevance, we weren’t, however things change, and in these circumstances as any news report will confirm, things have kept changing on a daily basis. It is because of exactly these types of eventualities that the contract terms exist. You may not like them but you have agreed to them, in law. I don’t actually understand your comments regarding me having a fascinating concept, no one is trying to blame you our valued customer, and you would be hard pressed to have any one draw that conclusion from reading my correspondence? I don’t know how much experience you have of contract law and the English judicial system, as a business with 25 years very successful trading behind us, we have no fear of either. As I have explained under the contract there is no automatic right to cancellation, and implied terms have no relevance, we have actual terms that make clear the position and our response to events outside of our control. It is these terms which would be tested in law, not your disappointment in the delay. Whether it is buyers remorse or a genuine need to cancel, the terms bind us both, your signature on the contract demonstrates your willingness to accept them. If you wish to cancel there are penalties to do so which I have also detailed in my previous correspondence. If you wish to cancel, then I will let you know exactly how much you owe us to cover our costs. If you wish to take us to court please feel free the costs of the action will of course fall on you, and may well exceed that which I am requesting from you. We will of course happily defend our position robustly in any proceedings, and in the event of being successful ask for our costs to defend ourselves to be met. Yours Sincerely Thom Emerson
  2. Further, on the 20/9 there was a telephone conversation stating the wish to cancel the contract. An email from ideal windows on the 22/9 referred to the telephone conversation and questioning why we wanted to cancel over what they said would be . a couple of days. We then reluctantly agreed to wait until the 20/10 and then again nothing was heard. We telephoned the office on the 23/10 stating the date that had been agreed for the work to start had now passed and we wanted our deposit back. Having given them almost a month it feels we have been more than reasonable
  3. To clarify and to apologise for what appears to be ignoring your advice. I am not the only one dealing with this and due to a miscommunication, the email previously referred to was sent without my knowledge. Had I realised I would have waited and sent the email you suggested. Having looked through the email communication, there are some dates that are relevant regarding what they promised. and when. As mentioned previously, we were going to use a different company. On the 22/5 they quoted,, but as they didn't do finance, even though they were a lot cheaper and they could fit the windows within three to four weeks, we decided to get another quote. On the 2/6 there was email correspondence with Ideal Windows saying the other company was lying and they could do it in eight weeks. On the 5/6 an email was sent asking if it was possible to speed up the process as our builders needed to finish the renovations which they were unable to complete without the windows being installed. They had been told the builders would be returning home at the very latest on the 20/10 and they needed to be finished well before then. On the 11/6 the contract was signed and on the 15/6 an email asking when someone was coming to measure to avoid delay. on the 19/6 and email saying we still haven't heard we are pressed for time. If no one comes by the 23/6, we will have to cancel with 14 days notice. on the 29/6 they said we needed to go and sign a new contract as they had tried to charge us for something we didn't ask for, an extra £300. Then stating we don't need to go there as they have managed to amend it. During July and August only telephone calls, the date to start should have been the last week in August, this was cancelled a few days before saying there was a problem with the supplier, contrary to them saying they weren't affected by covid. This happened at least four times in all On the 22/9 we again said we needed to cancel as our builders were returning home. They responded by saying there would be a financial penalty. It wouldn't make sense to choose to use them if they had said there was a problem with the suppliers and there was no definite date to start. Maybe I'm wrong but it feels we have given them notice enough times without them fulfilling their side of the contract. If it isn't deemed to be the case then we will of course take your advice. Just in addition, in the beginning we made it very clear we didn't want the work carried out during Autumn and winter, we have a young child at home and are not prepared to put his health at risk.. Also as we had said, to go beyond the specified dates is not feasible as one of the builders has already returned home and the other one has already stayed longer than planned so to start it now wouldn't be an option.
  4. Hmm, that is a challenge, my computer ability is limited to copy and paste, which I have included below. Is it very important? I can try and find out but I have the email reply and that is all, sorry Friday, October 23, 2020 5:28:53 PM To: [email protected] <[email protected]> Subject: Order cancellation ..... Dear Ideal Window Solutions, On the 11 of June I signed a contract with you to deliver and install double glazed windows. I was promised to get it done within 8 weeks. The timing was very important to me, I made it very clear to you, and this was the main reason I chose your company. For all kind of reasons your promises did not materialised. After a number of phone calls and emails between us I have decided to cancel my contract with you. I am not prepared to wait any longer, also I have no intentions to install windows during rainy winter time. Could you be so kind to refund me my deposit of £100 pounds. If after winter time you will get your problems with your suppliers solved please give me a call, maybe we can try again. I will need new windows anyway. Kind regards,
  5. And so the saga continues. In response to the last email, again requesting a refund for reasons previously mentioned, this email arrived. Also two parts of the contract which seems to contradict what they are saying. Thank you for your email addressed to our enquiries email address, which was forwarded to me. Clearly the current pandemic and the impact it has had across our whole industry is frustrating and inconvenient to individual customers such as yourself, it is simply unprecedented. However, you have signed a binding contract with us for bespoke goods made to measure for your property, and there is no automatic right to cancellation. Whilst the timing may have been important to you, time is not of the essence of our contract and the terms explain this in detail, the contract wasn’t entered into based on completion by a particular date. That would be the case in normal times but is even less within our control during the current situation, which is why we make it clear in all our correspondence. When circumstances are such that we consider allowing a cancellation, we are entitled under the contract to recover our costs, as well as loss of profit. Currently the costs of your order for surveying, ordering and administration far out way the minimum deposit you have paid, having chosen to order using finance options. We have operated successfully for 25 years, in all seasons, and can certainly install this time of year without causing you issues with inclement weather. Should you which me to consider you cancelling now you are reminded of the contract terms, please let me know, and I will investigate the exact charges we would be seeking to claim from you.
  6. Not really incurred other expenses as such but there are things that cant be completed such as some of the bathroom tiling as if it were tiled before they would likely get damaged when the windows are replaced. They have been told on a number of occasions that they had to start by a certain date and they have always cancelled just before and given another date so I think they've been given enough opportunity and been told clearly we don't want it done n bad weather. We have asked for the deposit on numerous occasions and in one recent phone call they were told it would proceed to court and now they just don't bother replying
  7. No they were meant to make contact on the 20th but didn't se we phoned and they said they would email the following day to explain the fees. I'm not sure if this is separate to the deposit or if they think they can charge us for nothing, they can whistle and they have been told that we'll proceed through small claims
  8. https://www.idealwindowsolutions.co.uk/ Unity Building, Fort Fareham Industrial Site, Fareham PO14 1AH Don't know how they got 9.8 on trust pilot !!!
  9. Thank you for the replies, very much appreciated. Just to add a little background to this which answers some of the suggestions. Originally we were going to use a different company but as we were having most of the house refurbished by two builders who were returning to their home country, who incidentally were fantastic, this whole procedure was time critical and the original company said because of lockdown this might not be possible. So we spoke to Ideal Window Solutions explained everything and they promised they weren't affected and the work would start the first week of August .We therefore agreed with them to fit the windows and paid £100 deposit. The balance would be paid within one year of when the work started, interest free, providing it was paid in total. Someone came to measure, although not on the day they'd said, then another person came to measure and asked why the meter cupboard doors, which are below the front windows outside, were being replaced as there was nothing wrong with them and they wanted to charge £300. On phoning to enquire why these were quoted for, they said in case we damage them while replacing the windows!!! We said we didn't want them replacing and they were very unhappy and said it could affect our credit rating. Although we resolved this as we said we wouldn't have them replaced, that's when doubts crept in. About a week before they were due to start they rang to say they couldn't get some of the parts and they gave another date. This has happened on at least four occasions and during numerous phone calls, we have said we do not wish to continue and would like our deposit back. They promised again they would start, the last time was meant to be October 20th, again they cancelled, so having spoken to them and told them the rest of the building work cannot be completed until they install the windows, they said to get different builders!! One of the builders has already returned home and the other one will go in December. When we spoke again on the phone and asked for our deposit they said they would email with the reasons why they would not return it, so far no email. One thing they did say is that they had to pay for the person to measure, but it's them that kept cancelling not us. We have emailed yet again to explain the reasons why we want our deposit back and to remind them again of their promise to finish in the stated time and especially during summer, had they said they couldn't do this we'd have found someone else or waited until next spring
  10. The company is called Ideal Window Solutions Below is a response from the manager to a request to cancel, them having cancelled the fitting on at least four occasions. In June it was arranged they would start at the beginning of August and each date they promised they have cancelled. . I have been informed by the office that you said you want to now cancel after telling me that you will see it through till October. If you do cancel, as I mentioned to you, there will be financial penalties due to the fact that you have signed an official, legally bounding contract to supply and fit new windows. I mentioned to you that the glass has already been delivered and all other costs associated to putting your contract in place. If you cancel we will be looking to recover this from you. I don’t want this this to happen over a couple of days, which is out of our control. Can you please reconsider and get back to me.
  11. Several months ago I arranged for double glazing. As it was a month after lockdown started I asked if they would be affected with the supply of goods and they assured me they wouldn't. They said they would start in six weeks. on this basis I agreed for them to supply and fit and paid a deposit. Since then they have constantly cancelled, I've lost count of how many times. They say they are having problems with some of the fixtures and fittings, contrary to what they said. Having given them so many second chances, I have now asked for my deposit back which they are refusing. They say the glass is cut and in the factory, also I need to pay an admin fee. This doesn't seem right. I specifically wanted the work done before autumn and had I realised this wouldn't be the case I wouldn't have gone ahead with it. Could anyone advise please. Thanks
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