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I can not believe a company as big as Everest can get away with their practices.

 

I’ll be brief,

6 months after from initial installation we have half the house fitted (10 windows 2 doors) ALL badly fitted (exposed cavity walls) damaged brick work, ALL damaged products and no contact From Everest as to when going to be corrected and finish.

 

Having been advised to do so we have contacted and paid for a solicitor to see if we can get released from contract, deposit returned and start again with another company.

In a nutshell we can’t unless we wish to go to court and pay 10k plus and not be able to recover our money anyway.

 

Everest sent a letter threatening us that we have to pay them 80% of the 13k regardless of state left in the house.

 

So far we have paid 1.5k, we have a house open to the elements (no water leaking thankfully but have lots of slugs) and apparently nothing we can do.

We have to let them in when it suits them (can take another year or so) and accept a fight to get anything replaced or fixed if broken

 

so my question, surely this is wrong and somewhere a law protects us?

 

Going to court we can’t claim solicitor fees and small claims a max £1000 to capped.

 

Need advice or a brianwave please

 

desperatly unhappy

Edited by dx100uk
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The reason the Everest gets away with it is because its customers generally speaking don't take any action. Who advised you to contact a solicitor?

 

Also, it would be a very good idea if you could lay out very carefully in a chronological bullet pointed fashion precisely what has happened. Why have you allowed this to go on for six months?


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Hello Bank Fodder Thanks for the reply,

 

Citizen Advise advised us to take legal advice as to the contract stated, which we did. So far costing in excess of £500, they also advised if we go to court this would increase to £5000+ with no guarentee we would win..

 

In brief the 6 months have panned out as..

 

Start Aug installation day, 3 windows were installed, incorrect postion, frames craked and badly damaged, we asked a installation manager to come and view which he did and said items would be replaced

Day 2 2 doors and more windows just as bad as previous, Called back installation manager who advised to down tools, all would need replacing including the major parts not even installed, advised there was a known manufactoring issue, he would make a report and we could expect 2/4 weeks with replacments.

 

This was the last communication he made, we spent weeks chasing everest to be met with rude staff and no communication,

8 weeks we contact citizan advice who advised to put in an email requesting a response and gave them 14 days, our request was for the rectification list and a date to expect works to recommence.

This was ignored

 

We connacted CA again and was advised as Everest failed to comply to their own complaints procedure (which we followed to the letter) we had grounds to revert back to pre contact as this is deemed unreasonable time scale and unfit for purpose. (I can provide pictures)

 

We did this and still nothing, 12 weeks on from installation we got a rectification list that was not ours, we advised not ours and got ours 48 hours later.

The list only listed the remaining items to be installed and NOT all the faulty items.

 

We called CA again who advised us to go to a solicitor.

only the 1st Dec Everest sent us a legal letter advising us to allow them back into the property to finish the works or they would seek to go through the court to recover 80% of the value of the contract.

 

Solicitor this week has advised us we will have to pay to go through court but will cost us 5000k upwards which we could not recover or allow them back in.

 

Our concern is they come back in what time line is acceptable for an product we are being charged 13K for! We already have paid 1.5K deposit and no hope of seeing that even if we could get out the contract and go elsewhere..

 

Seems as a supplier everest can do and act as they please without any regard to a consumer. Take a look at trust pilot, wish we had before we went with what we thought waqs the best!

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First of all, please read our customer services guide and implement the advice there. It is absolutely essential if you have any further telephone dealings with this company.

 

Secondly, I expect that Everest provided you with a schedule of work which was to be done. Please could you post it up here in PDF format and highlight the items which have been completed – although not satisfactorily.

 

What would you say is the value of the work which has been done?

 

Have you obtained any independent assessments of the quality of the work and also of the cost to put it right or to replace the faulty items?

 

I certainly don't think that you should allow Everest back in to do any new work. We will probably advise you to write to them and tell them that they can come back into the property only to remedy the defective items – but before that I need you to address the points above.

 

I think that once you have implemented our customer services guide I think you should have further telephone calls with them and lead them on so they make the various admissions which you have already received from the installation manager. In fact you should try to speak to the installation manager on the telephone.


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Again Thank You BankFodder

 

We have emails ffom the Manager with agreement said items must be replaced as all faulty so an admission if you like. They call this a rectification list (all be it what we have is a partial list)

If we could speak to someone I think we would feel a tad less agreeved as this is fundamentally where this issue grows, speaking to Everest is near on impossible unless you want to be patronized of course.

 

The cost of the work done (if was 100% satifactory) would be in the region of 10k, the most expensive parts yet to be installed at all.

 

We have had a quote from an independant glazier to redo all the work (who are shocked at the positioning of the windows) and who cannot understand the state of the frames, we also have had to get quotes from tilers and decorators as plaster has been taken off the walls and tiles broken. Everest, I have to say, tried to replaster 1 wall with mastic!

 

I have read the info given and as best I can see we have already exhausted all avenues.

 

As Ive said unless we got to court which we fund we are stuck with a company who by all accounts dont need to abide to any laws. Seems like the consumer is left with faulty goods until they fix no matter how long.

 

Im really hoping a magic wand can be waved here :|

Edited by Mondaynottuesday

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Implement the advice in our customer services guide anyway.

 

Excellent that you have their manager who has confirmed the problems.

 

I expect that you will have to threaten and maybe begin a County Court claim. We are happy to help you but you will have to do it yourself. There is no need for you to get a solicitor and you will probably find that the company will back down. However, you need to be prepared to go the whole hog and that means arguing your case in court. You need to decide now if you are prepared to do this.

 

I think you need to get an independent professional to evaluate the work which has been carried out and to give a written opinion as to its quality and identify the problems – and also identify the cost of making good or replacement.

 

You should put this in hand immediately. Let me say that even if you decided to get some legal professional, you would be required to do this.

 

Are Everest pressing you to try and come back in now? Your position should be that you will not let them into do any new work but you will allow them in on their written undertaking – it must be a written undertaking - to remedy all of the problems that have been caused so far and that before any continuation of work can get underway, you will be seeking an independent assessment of the quality of their remedial work. I can guarantee you that Everest will not accept this – but this should be your position and you should not move from it.

 

It would be handy to have the independent assessment which I have referred to above carried out before you start to enter into any confrontational correspondence with Everest and this is why you need to get it done quickly.

 

When you do get your independent assessment you should then write to Everest, give them a single opportunity to carry out the remedial works and demand a proper time schedule for doing it. You would give them seven days. If you did not hear from them within the seven days then you would issue a letter before claim. We will help you with that.

 

Are you prepared to take any of this action?

 

I have to say, that I'm at a loss to understand why you decided to instruct a solicitor on this. I'm sorry that you seem prepared to fritter your money like this.

 

We will help you for free and it's a shame you didn't come here first.

 

If you don't feel up to doing this yourself then I'm not sure how we can help you.


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Thank you, I really appreciate the advice, finally makes sense..

 

We were advised by Citizen Advice to seek legal advice which today we discovered was incorrect as we cannot claim the solicitor costs back even if we win.

 

Simple fact is we do not trust Everest or the products at all so we want them out of our house so we can source a local company.

 

 

We have a report of works needed to correct the damage and a report on the problems with the Everest products already, we needed this for the solicitor so sounds like we’ve ticked most of the boxes you mention which is great.

 

Yes we are happy to go to court, we have (yesterday) asked Everest to respond to a request the installation manager comes into the house and agree all corrections before further work is carried out and no new work will be starting.

We’ve heard nothing from them since Begining Dec, We’ve also mentioned a reduction in price for the problems caused.

Of course we expect no reply and if we happen to get one it will no doubt be when they are good and ready.

 

I expect you will be hearing for me a lot so please keep an ear out as I will keep you updated.

 

I wish I had known of this site! Only discovered today through a google search

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Have you had a quote for the remedial works? How much is it?

 

please will you post up the letter which you sent to them inviting an inspection of the works. Put it up in PDF format

 

before beginning a court action and in fact before sending a letter of claim we will have to understand exactly what your losses are and how much you can reasonably claim.

 

This is an important step before you actually launch into the pre-action protocol process


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Question...

 

We want to go back to precontract not just get the deposit back, would this be achieved by going to court?

 

Reading your links is very helpful, if they don’t respond we are going straight down this route , Thank you

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To be brutally honest,

The damage made could be rectified if new windows are placed in the correct original position.

Basically the independent company said that figure wouldn’t be truely known until they are ripped out and starting again.

 

We got a figure for a plaster and a decorator which was roughly £500.

 

We just want out the contract and 1.5k despotism back. the rest we aren’t worried about claiming back, nor obviously what we’ve wasted on solicitors! As far as we are concerned this money is dead so to speak.

 

I will load the letter to Everest tomorrow for you to view (needs husbands help on that)

 

Don’t go anywhere I’ll be back

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I don't think you will be able to go back to your precontract position. I think the best you can hope for is to terminate the contract where it is and to get the work of sorting out the problems which have been called so far, paid for by Everest.

 

The contract you are dealing with is probably a severable contract and that means that you could divide the contract into various parts – maybe even relating to each particular window. The problem is I suppose that if you then went somewhere else for the missing windows, that they wouldn't match the ones which had already been installed. In that case you would need to argue that this is not a severable contract and that it has to be seen as a whole. This would be a very reasonable argument in my view.

 

I think you need to tell us whether it is possible to obtain exactly similar windows elsewhere or if they have to come from Everest. If these have to be Everest Windows then I suppose that it would be unwise even to offer Everest an opportunity to remedy the problems they have already caused. You would need to sue on the breach and say that it was a fundamental breach which had undermined the entire purpose of the contract and therefore the contract was terminated.

 

I suppose this would put you roughly into a precontract position. You would then have to use sue for the cost of removing the existing windows, the return of the money that you have already paid, and if an alternative windows replacement contract came to more than the Everest contract, you would sue for the difference.

 

This might keep the entire claim down to manageable levels.

 

I don't know what it would cost to remove the existing windows – but probably not very much. Maybe £500 if it was done as part of the job of making a completely new installation from a different company. If the different company charge you the same as Everest then there would be nothing else to claim from them. If they charge you, say, £1000 more than the Everest bill then you would claim for that £1000. Also you would claim for your deposit and any ancillary losses – such as lost work time in order to keep appointments et cetera et cetera. We would have to work it out.

 

It seems to me very possibly that you could find yourself claiming something like £3000-£4000 – but the first thing to do will be to get a quote for the supply and installation of an equivalent set of doors and windows from a different company.

 

I think you need to move along with this.

 

So you need to decide what you want to do.

 

  1. You can either demand the Everest remedy the existing problems and then once you are satisfied, allow them to continue with the rest of the installation – under supervision.

  2. You can demand that Everest remedy the existing problems and then go elsewhere for the remaining installation.

  3. You can say that the contract is terminated and get another company to do the job instead including removing the shoddy work carried out by Everest.

 

From the sounds of it, Everest may refuse to cooperate on options number one and number two. That means that you will be left with no option but to sue on the basis of option number three which I have outlined above


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Letter to Everest sent 16th Jan

 

Dear Mr ........

We now fully understand our position in this matter and what options are open to us, with that in mind we would agree for you to comeback and replace all faulty windows and doors under certain and strict conditions.

Outstanding Work

1. You, Mr ........., take full responsibility of our case and oversee all required actions (I do not wish to deal with Mr .......... nor the original installation team). I would like for you to arrange a visit to my house within the next 14 days to discuss ALL repairs including replacing the new windows to their original position (we have been advised there was no need to move the frames forward).

2. We also need to agree the missing items that have to be re-ordered and manufactured, this timeline needs to be agreed by both parties, deemed reasonable and adhered and include email progress updates on a weekly basis.

3. Once agreed, you update the current incomplete rectification list with the additional items and repairs then send me a copy within 7 days of leaving my property.

Completion

1. In the event we reach completion (100% satisfaction myside) within the given timeline, we would like to pay a final BUT revised settlement figure. This revised figure should include removal of the Home Solutions plan we originally signed up for without any financial penalty, along with goodwill gesture on part of Everest due to the unreasonable situation you left us in. This figure should take into consideration the additional heating cost incurred due to poor installation techniques of the current windows along with any remaining damage we need to resolve ourselves. I believe removal of the currently installed windows and doors will strip additional paintwork beyond acceptable limits, as already seen in bedroom 2.

2. I need you to ensure we have a direct senior contact person to discuss the above, your customer relations team (............................ and her previous manager) have failed to communicate with us so I would like this matter escalated to senior management within their or other team that deal with the contract financial side so we can get the above agreed as soon as possible.

Failure of the above

Should Everest fail again in any respect (the quality of goods, your service, repair or time) you will agree to return us to pre-contract state and return our deposit with immediate effect, if not we will issue court proceedings for breach of contract.

I hope we can agree to the above and move forward. Regards

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Sorry couldn’t get the letter in pdf so just copied it.

 

I’ve read the last thread over and over. Naturally we want option 3. We’ve had a quote to replace all and it less that Everest quote but less aa rating too, seems only Everest offer triple glazing at triple a+ rating!..

 

The cost to replace and start again is actually 4K less. Plus the cost to repair we would be no better off in the long run but not having to deal with Everest.

 

Today we have received a call from the manager who the above email was sent to. Didn’t instal a great deal of faith but has agreed to come to the house to “discuss” the issues. I think we have basically excepted that knowing they would be able to supply quality windows and doors without further faults so that is when we are going to go straight down the court route.

 

Expect to hear from me again very soon as we know the route of court is a sure fire thing and will very much appreciate your guidance.

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(we have been advised there was no need to move the frames forward).
it is most unwise to make any suggestions as to what they should do or what they shouldn't do or place any constraints upon their work. They should be allowed to carry out the work in the way which they see fit so that if it goes wrong they are fully responsible. By requiring them to follow advice which you have received from somebody else, you are providing them with an escape route because they can say "you told us to do it this way…" And

 

the Home Solutions plan
have we been told about this?

 

me a copy within 7 days
must this list not be agreed between you?

 

along with goodwill gesture on part of…
avoid using this phrase

 

if not we will issue court proceedings for breach of contract.
you haven't expressed the deadline by which you will take this action (normally 14 days).

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Sorry couldn’t get the letter in pdf so just copied it.

 

 

You sent the letter off without waiting for our comments on it???


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The letter was sent before we discovered you, (the same day to be exact) ..

 

The intent was just to get them here, solicitor advised the letter to be honest.

 

The manager responded today to it.

We will agree what needs rectifying (poorly fitted etc)

I agree with the statement regarding position and we will let them advise us on how Everest works and backdown on this,

 

The home plan thing isn’t something we wanted it’s what the sales man insisted on (regular ploy by staff apparently) as we pay the full balance on completion, however there is lost interest of £700. However we are not fussed about this as always expected that was part of the ‘deal’ and not a concern.

 

Deadline will be 2 weeks from the meeting, however expectation is this won’t happen as all items are made to measure. However our argument on that is 6 months already had!

 

Hopefully a little clearer

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HI HB

It is of sorts, however for January they’ve offering this 0% version.

 

We (stupidly) took the higher discount with the idea to not pay the installments and pay upfront. The discount was higher than the interest.

 

To us it’s not an issue as we just feel it’s the least Everest can waiver after all these problems but not something overly concerned about

 

X

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The letter was sent before we discovered you, (the same day to be exact) ..

 

The intent was just to get them here, solicitor advised the letter to be honest.

 

The manager responded today to it.

We will agree what needs rectifying (poorly fitted etc)

I agree with the statement regarding position and we will let them advise us on how Everest works and backdown on this,

 

The home plan thing isn’t something we wanted it’s what the sales man insisted on (regular ploy by staff apparently) as we pay the full balance on completion, however there is lost interest of £700. However we are not fussed about this as always expected that was part of the ‘deal’ and not a concern.

 

Deadline will be 2 weeks from the meeting, however expectation is this won’t happen as all items are made to measure. However our argument on that is 6 months already had!

 

Hopefully a little clearer

 

It's not at all clear and scarcely helpful that you choose this evening to publish a letter which apparently you have already sent a day or more ago and which we reasonably infer is a draft for a letter which you are about to send as a result of the advice you have received here.

 

Also, you now put up several statements which I think are the response which has been given to you by Everest – but this isn't clear either. If it is a letter or email which you have received then please could you post it here in PDF format so we can see and understand its context.

 

What is the home plan all about?


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By the way, do I understand that you paid £500 to a solicitor and basically what you got was this letter?


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Sorry for the confusion.

The email was sent on Tuesday before starting this thread based on the information the solicitor gave us on the case, they suggest a letter was sent with the points in the letter we sent, then the realization was that we have no choice but to invite them back, or so we were lead to believe.

 

Currently we have not given go/no go to the solicitor and they are waiting for a decision from us. Currently we do not have a final fee which we estimate £500.

 

Tuesday evening we discovered you, we regret not finding you and sooner.

 

We have no letter from them just a phone message agreeing to the part to come and visit and discuss the current recitification list along with the missing items we had to highlight 10 weeks ago.

 

The intention from us based on in the email was to discuss all options on the remedial work including the positioning of the window, if they have just cause then we accept that as long as the window is sealed and no drafts which we currently have in all 8 windows 2doors.

 

The home solutions plan is not something that is a factor, we’ve always known it’s is there but not something for concern, apologies if confusing the matter,

 

We just seem to have little options which is why I asked the very first question as a consumer we seem to have little choices open.

 

Thank you for your input Bank Fodder it’s is honestly appreciated

Edited by Mondaynottuesday

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You will need to respond to the telephone message in writing and apart from anything else you will need to rehearse the promises that they made on the telephone.

 

If you don't keep things in writing then you will lose control. By giving you messages over the telephone, they avoid any formal commitment to anything.

 

I think you need to lay down the law on this and you need to be very tough about it. You must be the one to dictate terms.

 

your opening posting this thread was asking how Everest managed to get away with this kind of thing. You are providing your own answer.

 

Are you still dealing with your solicitor? What is your current position with the advisor?

 

Are you still dealing with citizens advice?

 

Is there anything else but we don't know?


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Hi Bank fodder

 

You may well be right, people like us do not understand the law and rights so have little choice but to seek advice where we can

 

Citizen advise were our first who advised us we could seek damages including fee as we had just cause to get out the contract, based on this info we went to GGF & cedar to get further options, only to be told they only arbitrate for Everest to rectify, which was not the issue, along with a further 8 weeks to find a solution. They don’t deal with the contract disputes or compensation.

 

With this info we had little choice but seek legal advice from a solicitor.

 

To your point we need to be strong and firm ( solicitor also advised this and to send a letter) to save us any further fees the email sent was written (badly) by us to try and address the same point.

 

With that in mind and your comments we shall ensure is written which includes the pending visit where we will state our house expectations and time limits, request senior management interventions regarding compenasation.

 

Regarding the letter, we know it wasn’t perfectly written but what do you believe would be held against us so we don’t say this during the visit? Eg the window being bought forward.

 

We are not dealing with Citizens advice as they cannot help any further

We are not dealing GGF OR CEDRA and the solicitor will be sent a letter advising no need for their services because it is not financially viable for us.

 

You are the only person speaking to currently.

 

Your comment come back tomorrow, I’m not sure I understand, the manager left a voice mail he has received our email and is happy come to discuss at a convent time to us to move things forward,

Please explain

 

thank you Bank Fodder

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Well so far you seem to have sent them a letter in which you set out a number of conditions which in your opening paragraph you describe as "strict conditions". Despite this, you receive one phone call from somebody who addresses only offers condition – which is that there should be a visit – and the rest of your "strict conditions" seem to have been completely ignored and you seem to be happy with that.

 

Also, this matter has gone on for six months and yet your first strict condition gives them a rather generous 14 days to come along and make the visit – and then no other deadlines for dealing with the problem.

 

I'd like to understand the contract a bit more.

 

You entered into a contract – when?

 

At the same time you entered into a second contract to receive finance for the contracted works. Because of this, you have only paid £1500 deposit against a total quote of about £13,000. Is that correct?

 

I saw somewhere on the home plan that you are required to put down a 50% deposit.

 

The work started in August.

 

What was the agreed timescale of the work?

 

Did you get any competing quotes from anyone else? This means, are there any other companies which could carry out the same kind of work?

 

Is there a written schedule of works to be undertaken? If so please could you post up here in PDF format.

 

By the way I'm starting to understand that you may not have a scanner and this is why you are not putting up documents in PDF format as requested.

 

If this is the case then you will need to get a scanner. You can get an excellent one from PC World for £50 – but we need documents properly presented - and at the end of this all, you will still have a scanner which will last you several years.

 

Please can you tell us what was actually agreed on the phone call which you received.

 

Why did you not pursue the other "strict conditions" which you set out in your letter?


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