Everest Double Glazing 37 Week Installation

[lastpost]

Everest scheduled my double glazing installation to take 1 week. Due to constant problems with poor quality fitting, wrong glass, cracked glass, damaged frames, it ended up taking 37 weeks to complete the job and there are still outstanding niggles.

 

Along the way I made several goodwill payments on account in return for assurances that they would complete the job in a reasonable time frame. These assurances were not met.

 

I am withholding the final payment as compensation for extra time taken off work, inconvenience, and stress. Everest have added on a late payment fee and interest. What's the best way to proceed legally. Do I need to pay them the amount outstanding and make a separate compensation claim through the Small Claims Court relating to the extraordinary amount time they took to complete the fitting.

[Hopeful1]

Hi Lastpost

 

Have you made a formal written complaint to Everest, detailing the whole saga and what you require to resolve the issue?

 

Consumer Direct should also be able to offer advice

 

Consumer Direct

[lastpost]

Yes, I made a complaint to the Sales & Operations Director at Everest's Head Office in Herts. He passed it on to my Branch Manager. The letter is dated 8 April, I got it today, 10 April, and they say I have until 16 April to pay otherwise they will add on a 5% surcharge and start charging me interest at 2.5% per month above the base rate.

[Conniff]

You must send a letter by return telling them they have 14 days in which to complete the installation to your satisfaction or you will take them to court.

 

At present the ball is in their court, but you can get that ball back by issuing a threat yourself.

 

As the saying goes - the best form of defence is attack.

 

Don't be afraid lastpost - do it.

 

Are these payments part of a credit agreement ?

[lastpost]

Although there are outstanding niggles, scratched glass which they tried to polish out but which left the glass distorted, minor damage to a frame, 2 windows with the wrong glass, scratched cupboards, cracked and badly repaired pebble dashing around the windows externally, the installation is now substantially complete.

 

I am withholding the final payment as compensation for inconvenience, stress, and extra time taken off work during the 36 week installation delay which I think Everest are legally liable for.

 

The OFT specifically precluded them from restricting or excluding liability for delay in 1999. The purchase agreement terms state "(Everest) will not be liable for any delay in installation due to factor beyond our control". The delays were caused by factors very much within their control. They just kept bringing out the wrong replacement parts, not bringing out what they should have, taking little notice of various remedial work lists agreed.

 

My question is do I have to pay them what's outstanding on the contract and then take them to the Small Claims Court for compensation for the extraordinary amount of time it took them to fit the windows or can I withhold it until this associated issue is resolved.

[lastpost]

Sorry I forgot to add, the payments are not part of a credit agreement.

[clematis66]

Thank you so much for Simon Jarman's address. We had a flat roof installed by Everest which we were delighted with. Unfortunately they have been harassing us every 3 months to buy another product from them, even though I have repeatedly told them that we will not have enough money to replace our windows for at least 5 years. I am going to write a nice letter to Mr Jarman right now and tell him exactly what I think of his sales team. When we do come to replace the windows in 5 years' time it's unlikely we'll chose Everest because we couldn't cope with any more follow-up phone calls!

[Conniff]

Make sure you tell them the reason you will not be using them when the time comes.

 

I used to get calls but after around half a dozen I became abusive including the use of 4 letter words and now the calls have stopped.

[clematis66]

Will do. I have also mentioned that another company, Scotia double glazing, have been recommended by a friend for having just as good products and less "after-sales" harassment. So far I used a 6-letter word on the phone but they called back half an hour later so I had to use it again. I will try the 4 letter one next time. Thanks again.

[raju]

Thank you for your posts and wished I had read them before I gave my job to Everest. I have had my Flat Roof done by Everest, which is fine but I am very disappointed with Everest as I believed it was a trusted and reliable well known brand company. My problem started when my neighbour knocking on my door at night on the day the job was completed. My neighbour was very upset that Everest took down his bathroom waste downpipe and moved it closer to my property for my bathroom to share his without any permission. Initially we both had two separate downpipes going into separate waste holes. The scaffolders came couple of days later to take down the scaffolding and in the process broke fence panel of my other neighbour. I got in touch with the sales rep and he came to see the problem and said he would talk to his manager, couple of days later the manager and sales rep came to see the problem and 2 weeks later the installation manager came to see the problem. Another week later, I got a phone call saying that they will be sending an installer to rectify the problem and gave me a time slot of between 8am to 12pm. However, no one turned up and I phoned their customer service department and was told that the installer will now call at 2pm. So now I had to take the whole day off instead of the planned half day from work. 2pm came and went by without a call from the installer or a phone call from the installer or the customer service of the delay. I have now decided to rectify the problem myself and learn from this bad episode. I am happy to say that I will not be placing an order with Everest for Window double glazing.