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

[AndyOrch]

Serving Additional Particulars of Claim

 

If during step 5 of issuing the claim you state that you will serve additional Particulars of Claim, you must send the additional particulars to the defendant(s) within 14 days of your claim being issued. You should also send a covering letter to the defendant clearly advising that these are the extra particulars referred to in your claim form and quote the claim number. You must file an ‘N215 Certificate of Service’ with the court within 14 days of the claim being issued. The certificate of service confirms to the court that you have sent the documents to the defendant. The certificate can be filed by post or preferably by email to [email protected] . Please include the claim number in the subject line of the email. A blank N215 can be downloaded from www.justice.gov.uk/forms. The second page of the N215 explains how to calculate the ‘date of service’. Please note if the date of service is different to that of the claim form, then you should consider the later date to be the date of service for the claim. For further information please see Civil Procedure Rule 7E.6 at: http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_part07e

 

Please note the court does not require copies of the additional documentation you wish to serve upon the defendant at this time.

[Mondaynottuesday]

Thank you Andyorch, this was my understanding, appreciate jumping in also.

Thanks BF, I'll keep you all posted.

[Mondaynottuesday]

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

[BankFodder]

They're crazy. It just shows what a load of stupid disorganised people they are. If they can't even get their paperwork right it's no wonder they can't get your window installation right.

When you get the defence, please post it here – in multipage single file PDF format, of course

[BankFodder]

Quote

Jean Gillespie ordered her Everest conservatory back in December 2008 at a cost of nearly £33,000. Yet, almost as soon as it was installed, the roof started leaking. According to Jean, Everest has been out numerous times to fix it but unfortunately the roof still leaks.

Chartered Surveyor Barry Cross told Watchdog "The roof and the walls are moving because these bars have not been tightened up properly. Secondly where it is leaking, strip out all the trim, if necessary take the glass off, find where it's leaking put that right and put the glass back and put everything back to normal". Unfortunately, Jean has been left to deal with the mess.

 

https://www.bbc.co.uk/programmes/articles/1dnwn9yRZHpNqplkjxR1zcW/everest-not-always-the-best

 

21% of their customers on trust pilot are either unhappy or very unhappy

https://fr.trustpilot.com/review/www.everest.co.uk

 

Quote

Before Christmas my wife and I ordered double-glazed windows and bifold doors from Everest. This followed a previous order of windows for half of the house fitted last July.

When the new order came in early March, it became clear that the windows did not match the ones supplied nine months ago and the bifold doors did not fit.

I have made countless calls, written a letter of complaint followed up with an email, had three separate visits from installation managers who have all promised to take action and get back to me with their proposals, and had a further installation visit so that the back door is usable.

But I still cannot get any response from the company about what it is actually going to do to rectify the remaining problems. TR, Woodford Green

https://www.theguardian.com/money/2017/may/16/everest-double-glazing-post-installation-problems

 

Loads more stories. By then you have a look around the Internet.

I expect that there are probably websites where people exchange views about DIY work or improvements that they have had carry on their homes. Give us a few quotes and some links to them.

[Mondaynottuesday]

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!

[Mondaynottuesday]

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.

[BankFodder]

Well it's not a very effective defence as far as I can see. Mainly because out of two pages, the first page seems to be comprised of admissions. I think that they confirm in two places that there were queries over the quality and they agreed this. They also agreed that there was a deadline which was exceeded by short period and then they seem to agree that there was a further delay which was exceeded by a month or so.

On the basis that the work was intended be completed in August – it seems to me that they've tended to have given up their position even before it started.

The rest of it – the second page – (and I've only read it very briefly) seems to be denials about the quality of the work – but seeing as they've already said on the first page that they agreed with your complaints about the standard of the work, it all seems rather in vain to me.

There is some technical bits that you've apparently failed to produce some document or other. I'll have to have a look at it again later on.

Anyway you say that they are telling porkies so it might be an idea if you converted their defence into a two column table and then on the right-hand side you made some brief comments on each paragraph of their defence.

You can do this in Microsoft Word

[Mondaynottuesday]

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?

[BankFodder]

Both

[Mondaynottuesday]

Want me to submit to you in Word or PDF, sorry to ask.

[BankFodder]

pdf is preferred

[Mondaynottuesday]

Great, I'll send to you in a short while.

[Mondaynottuesday]

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.

[BankFodder]

Okay thank you. Although I suggested a two column table, I think a three column table might be more useful with the leftmost column referencing the defendants paragraph numbers.

I think in your comments column on the right, you should restrict yourself to comments which address the points. I don't see any value in including some of the narrative you have put.

Also, in respect of each comment, you should reference the evidence that you have – or if you don't have evidence then say so.

 

Although it's very early for this kind of stuff, it will help you to start putting all your evidence together and here are some suggestions as how to go about it 

 

[Mondaynottuesday]

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?

[Mondaynottuesday]

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.

[BankFodder]

The DQ will be along soon

[Mondaynottuesday]

Just checked, think it's 19 days via MCOL so right on the money it seems!

[Mondaynottuesday]

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?

[BankFodder]

I suppose a bar prevents you apply for judgement as they have now filed a defence

[Mondaynottuesday]

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.

[BankFodder]

14 days is the deadline for filing a defence if no acknowledgement has been filed. 28 days is the extended deadline which is triggered once a claim has been acknowledged. 19 days that you are referring to may well take into account the time between issuing the claim and service of the claim. The 14 days and 28 days run from date of service

[Mondaynottuesday]

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. 

[AndyOrch]

Use the following if the court have failed to send one and  complete on screen...run 3 copies  Court /Defendant/File.