Everest no consumer rights? ***Won*** judgment against Everest

[Mondaynottuesday]

thank you Andyorch, so it should come in the post from the courts if not I'll download, oh the joys ;0)

[BankFodder]

open

[Mondaynottuesday]

Thank you BF.

Will do an update in full in the Morning as we finally got our day in Court! 

[Mondaynottuesday]

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!

[BankFodder]

Thanks very much for the appreciative remarks and also for the update.

would you mind laying out here exactly what the result has been? in other words who has been ordered to do what order to repay what?

 

also, companies like Everest and other companies such as PC World rely on the fact that their customers are not normally prepared to go down the legal route and so therefore they get bullied into accepting substandard service for the price that they pay. In other words the company gives 70% but expects 100%

 

[Mondaynottuesday]

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.

[BankFodder]

Thanks.

 

Is there a deadline for the repayment?  How much is it?

 

If it is for more than £600 then you should have it enforced by High Court Enforcement officers - as soon as possible.

 

If there is no timescale for payment then put it in for enforcement straightaway.  It will cost Everest about an addition £2k in fees.  Yummy!

 

 

Make sure that the enforcement is on a no enforcement - no fee to you basis (They almost all are but double check)

[Mondaynottuesday]

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.

[BankFodder]

Yes. Keep us tightly up-to-date and we will help to get you through it.

 

What is the arrangement for the windows?

[Mondaynottuesday]

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. 

 

[BankFodder]

Fine. There was that that I was concerned with.

Is that written down anywhere?

I would suggest that once you have the replacements in place then you give them a limited time – five days to collect them or else you will charge them storage and if you are eventually obliged to dispose of them, you will charge them the disposal fee and that they should understand that there will be another court action to recover the money – the disposal fee plus the storage charge if there is any difficulty in receiving the money from them.

Also, presumably you are going to have to pay for replacements. Let us know how the cost of the replacement installation compares with the Everest price. If you end up paying more than we can help you to recover the difference from Everest. I would suggest that once you get quotes for the installation of the replacements, if the cost is greater than the Everest price, that you inform them in writing ahead of the installation and warn them that this is what you are going to do.

Now that you have beaten them in court, they realise that you are not to be mucked around. Make sure that you get the replacements that you want and installed correctly and as long as the quality is broadly equivalent to what Everest were going to install, you should be able to recover any money in excess of the Everest price from Everest – by a court action if necessary.

[Mondaynottuesday]

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.

 

 

[Mondaynottuesday]

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.

[BankFodder]

Thanks for this update.

 

If you find that you are put to extra expense in order to make good Everest's shoddy work then let us know and we may be able to hep you.

 

There is no reason why you should come out a loser on this.

 

Yes, Trustpilot is a good idea - but Facebook as well

[BankFodder]

I suggest also Google reviews - at all of their locations - https://www.google.com/maps/search/everest+windows/@51.50409,-0.3918291,10z/data=!3m1!4b1

[Mondaynottuesday]

Hi BF

The reality is starting to appear as we start to peel back the onion skin unfortunately, I'll keep you posted!

[BankFodder]

A bit cryptic - can you elucidate?

[Mondaynottuesday]

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.

Edited November 6, 2019 by Mondaynottuesday

[BankFodder]

Does the judgment you obtained preclude you from claiming these losses from Everest?  Post the judgment here in pdf format?

 

Also, you should start keeping Everest informed in writing of damage which has been discovered together with quotes for the repair and constant invitations to them to have the damage inspected by them or by their own independent assessor -  this is very important

[Mondaynottuesday]

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.

[BankFodder]

Don't be satisfied with anything that is simply a cosmetic job to hide their shoddy work.

You need a proper repair so the their damage has been properly made good and then start from 0. If that means that there are extra costs then so be it because they will be made to pay. As I have said, it is very important to keep them completely informed and updated so that they can't later on going to court and say that you spineless as a surprise on them and they never had a saying it. Full transparency is essential