Ideal Window Solutions delayed Installation for Months - Now Refuse Deposit Return and want me to pay an extra admin fee!!

[Jollie t]

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

 

[dx100uk]

name names please.

 

and what is this about an 'admin fee',  explain?

 

[Jollie t]

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.

[dx100uk]

BS!!

 

they need to read consumer law !!

 

how did you pay the deposit please?

 

dx

 

[Jollie t]

Thank you. It was by debit card

[slick132]

Hi Jollie,

 

If you want to cancel the contract, we can help you but that may not be your best course of action ........ just yet.

 

How much did you pay as a deposit ?

 

Apart from the delay, is there any other reason you don't want them to fit the windows.

 

You could send them an email saying :- 

 

I paid a deposit in [month] for the installation of doors/windows and was told the Covid19 situation would not cause delays. I'm still awaiting intallation and the delays so far are unacceptable. Time is now of the essence with regard to installation.

 

I now require a date by which you will complete the window/door installation within the next 14 days, failing which I consider the installation agreement void and I will seek refund of the deposit via your your card provider.

 

Please contact me urgently and confirm the dates on which you can start and finish the entire installation.

 

Let us know your thoughts on this matter.........

[BankFodder]

I would add to the above suggestion by my site team colleague 14 days may be a bit too long considering how long you have had to wait so far. I would suggest seven days.

I think you should also say something about what is going to happen if they give you a date which you consider to be unreasonable. Although you don't fix a date at the moment, I think you should warn them that if you consider that their completion date is unreasonably tardy – given the fact that this matter is being going on several months, that you will notify them that the agreement is terminated. You should warn them also that in that case, you would require full reimbursement and you reject any suggestion that they are entitled to administration fee and that they should understand that you are prepared to litigate on this matter if necessary.

[BankFodder]

Also to add, that if you feel that you have lost confidence in the company and you don't want to proceed with them at all, then you should simply give them a seven days notice to complete the installation or else the contract is terminated and if they attempt to give you anything less than a full refund, that you will sue them in the County Court.

So there you have two alternatives. One if you want to proceed with them – subject to them getting the work done, and one if you decide that you don't want to go ahead with them.

Frankly it looks to me as if they've been leading you around by the nose and I find that their attitude – especially towards the admin fee is outrageous

[Jollie t]

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

[BankFodder]

Please monitor to this thread for a full reply tomorrow

[BankFodder]

But also please could you tell us the address of this company and if they have a website could you provide a link

Please monitor...

 

My dictation software and lousy articulation

[BankFodder]

Actually is this the company?

https://find-and-update.company-information.service.gov.uk/company/03623785

 

 

 

[Jollie t]

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 !!!

[BankFodder]

It's very easy to put fake reviews up on trustpilot.

How much have you actually paid them so far? 

 

[Jollie t]

It's only £100, and really it isn't the money it's the principle

[BankFodder]

Well now that you have given us more of the story, quite frankly I think you want to get out of it.

 

it's up to you of course but I would give them a letter telling them that they have 7 days to complete the work or else you are cancelling the contract. 

 

I think it's gone on for too long and too many excuses and they are leading you around by the nose and quite frankly it just doesn't smell good.

Have they told you how much they might want as an administration fee?

 

[Jollie t]

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

[BankFodder]

You have to give them an opportunity to complete the contract. on the basis of the time you have waited so far, I think 7 days is perfectly reasonable.

You should send them a letter telling them that you have had enough of the delays and excuses and not knowing where you stand. Tell them that they now have 7 days to complete the contract or else you will take their breach of contract as a termination and you will consider yourself released from all obligations.

 

Tell them that you want them to return your deposit or else you will start a legal action against them to recover it.

 

of course they may then try to counter claim for an administration fee but quite frankly they don't stand a snowflakes chance in hell. although it won't be very much you can also claim interest on the £100 that they have had in their position all of this time. 

Have you incurred any other related expenses or losses as a result of their breach?

 

[Jollie t]

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

[BankFodder]

Ok. Well I suggest that you send them the letter that I suggested. this will cover you because I think that a peremptory and sudden termination of the contract I may not go down well with the court. 

I think you have to give them reasonable notice and in view of the delays so far I think 7 days is fine.

[Jollie t]

Yes ok will do, thanks for the advise

[slick132]

I would add, many companies have done everything possible to manage and carry on in difficult Covid19 circumstances to supply customers with what they need.

 

Continually making excuses for delays is not what I'd want from an installer and maybe the £100 deposit is not so important.

 

Get this deposit back if you can but, more importantly, find a local installer recommended by family or friends to carry out the works.

[Jollie t]

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.

                                

 

 

 

[BankFodder]

Please will you post up a copy of the letter which you sent them in pdf format

[Jollie t]

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,