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


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If the windows had already been made and were ready to install, he would surely have offered to do it without further delay.

 

Instead of arguing the toss with you, why is he not trying to sort a day to install and rescue the situation.

 

Despite the good reviews for the company, I'm not impressed but see what Bankfodder suggests.

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In terms of asking us whether or not providing us with the documents we need in a certain format is important, – yes it is important. I'm very sorry but we put in a lot of work for people here and we do it all for free. We need people to provide material that makes it easier for us to help you. We use a standard Internet system – and at the very least, we expect people to have the necessary equipment, for instance a scanner, and some kind of computer to be able to engage with us. We also expect people to have at least the computer skills to be able to provide the documents we need in the format that we need.

10 or 15 years ago this might have been an unreasonable ask because the technology was much newer and not so well established and understood. Things have moved on and I think it's essential for you to acquire the necessary skills – they are not at all difficult – to be able to engage with us – and also anyone else with whom you have dealings on the Internet.

I imagine that you don't have a scanner but for about £49 you can get an excellent one from Currys PC World and I think you should do that. Please remember that you are receiving advice here which might normally be charged at £300 per hour. All we ask you to do is to get scanner and you will find that it is really very easy and you will then acquire transferable skills. It is a win for you in every sense. You will have the scanner for years.

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And I'm sorry, you're going to have a rough time of it this morning.

On at least two or three occasions, either I or my site team colleague have advised you to give a period of notice to the window company – and I even suggested in one of my most recent posts that a period of notice would be essential in order to satisfy the courts.

Despite this, you appear to have sent a letter giving notice of immediate cancellation of your contract.

I really have no idea why you come here and ask for advice, and get advice – similar advice from several experienced members of the site team – and then you proceed to ignore the advice and do your own thing.

You absolutely need to disengage from this company. They are giving you the runaround and frankly considering you are a paying client they're treating you with contempt.

By sending the letter you did, not only are you prejudicing your own situation but you are making it clear that you don't know what you're doing.

If you follow the advice we give, then you will create the impression that you are in control and competent.

You will have to send them another letter. You must give them notice. Even though they are clearly in the wrong and even though there is clearly something very fishy going on, you will have to make time of the essence and give them reasonable notice.

I suggested seven days – you have even now used up some of that time by giving them a letter of immediate cancellation and not a letter of notice.

I think you should now send them a letter informing them that unless you have a definite agreement within seven days that the work will be completed at the end of 14 days, that you will consider that the contract is terminated by their breach.

Tell them that despite any written terms and conditions, it is clearly an implied term of the contract that it will be carried out within a reasonable time and that your patience is exhausted. Tell them that once you cancel the contract, they can take whatever action they want to recover any administrative fee that you won't be paying.

 I think it would be a good idea if you put the letter together and then post the draft here so that we can check it.

Slapped wrists? – Yes definitely.

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To clarify and to apologise for what appears to be ignoring your advice. 

 

I am not the only one dealing with this and due to a miscommunication, the email  previously referred to was sent without my knowledge. Had I realised I would have waited and sent the email you suggested. 

Having looked through the email communication, there are some dates that are relevant regarding what they promised. and when.

 

As mentioned previously, we were going to use a different company.

On the 22/5 they quoted,, but as they didn't do finance, even though  they were a lot cheaper and  they could fit the windows within three to four weeks, we decided to get another quote.

 

On the 2/6 there was email correspondence with Ideal Windows saying the other company was lying and they could do it in eight weeks.

 

On the 5/6 an email was sent asking if it was possible to speed up the process as our builders needed to finish the renovations which they were unable to complete  without the windows being installed.

 

They had been told the builders would be returning home at the very latest on the 20/10 and they needed to be finished well before then.

 

On the 11/6 the contract was signed and on the 15/6 an email asking when someone was coming to measure to avoid delay.

 

on the 19/6 and email saying we still haven't heard we are pressed for time. If no one comes by the 23/6, we will have to cancel with 14 days notice.

 

on the 29/6 they said we needed to go and sign a new contract as they had tried to charge us for something we didn't ask for, an extra £300. Then stating we don't need to go there as they have managed to amend it.

 

During July and August only telephone calls, the date to start  should have been the last week in August, this was cancelled a few days before saying there was a problem with the supplier, contrary to them saying they weren't affected by covid. This happened at least four times in all 

 

On the 22/9 we again said we needed to  cancel as our builders were returning home.

They responded by saying there would be a financial penalty.

 

It wouldn't make sense to choose to use them if they had said there was a problem with the suppliers and there was no definite date to start.

 

Maybe I'm wrong but it feels we have given them notice enough times without them fulfilling their side of the contract. 

 

If it isn't deemed to be the case then we will of course take your advice.

 

 

 

 

 

Just in addition, in the beginning we made it very clear we didn't want the work carried out during Autumn and winter, we have a young child at home and are not prepared to put his health at risk.. Also as we had said, to go beyond the specified dates is not feasible as one of the builders has already returned home and the other one has already stayed longer than planned so to start it now wouldn't be an option.

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The problem is that each time you have given them notice, you have then continued which effectively nullifies the notice. I agree that you have given them enough notice – but each time the notice is effectively cancelled because you continue not standing by your word. I hope you can start to see that when you state a position and then you move the position, you simply lose credibility and effectively you have to begin again.

You need to put everything beyond doubt and so you should send the letter which I've suggested.  If you have some partner or someone who was also getting involved then I think that you had better make sure that you are communicating well with each other and that it is agreed that somebody is taking the lead.

Otherwise, the left hand will not know what the right hand is doing and it will only be when you find yourself in court and defending a claim for an administrative fee or a council contract that it then comes back to bite you in the bum – both of your bums..

You must give notice in order to protect your position. Very sorry, but the letter which was sent was reckless.

Send a letter which I have suggested giving seven days notice and a 14 day backstop for completing the work.

Of course there was always one danger and that is that you could give notice, they then start the work within the notice period – and then it starts to dawdle along and take too long. However, giving them 14 day backstop to actually have the work completed should protect your position.

Send the letter now. Also calculate if you are within 120 days of the date that you made the payment on your debit card – and if you did then begin a chargeback with your bank. If it's longer than 120 days then you will be able to do the chargeback and then maybe the best thing to do is to write it off – unless they decide to see you and in that case you can make a counterclaim.



 

1 minute ago, Jollie t said:

Just in addition, in the beginning we made it very clear we didn't want the work carried out during Autumn and winter, we have a young child at home and are not prepared to put his health at risk.. Also as we had said, to go beyond the specified dates is not feasible as one of the builders has already returned home and the other one has already stayed longer than planned so to start it now wouldn't be an option.

 

This is all very well, but once again you state a position and then you don't follow it through. How can anyone take you seriously?

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Further, on the 20/9  there was a telephone conversation stating the wish to cancel the contract. 

 

An email from ideal windows on the 22/9 referred to the telephone conversation and questioning why we wanted to cancel over what they said would be . a couple of days.

 

We then reluctantly  agreed to wait until the 20/10 and then again nothing was heard.

 

We telephoned the office on the 23/10 stating  the date that had been agreed  for the work to start had now passed and we wanted our deposit back.

 

Having given them almost a month it feels we have been more than reasonable 

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I agree that you are being more than reasonable – but the advice I'm giving is designed to protect your interests just in case they really do decide to litigate against you. Frankly I think it's unlikely – but on the other hand you may as well have the upper hand.

How will you feel if you cancel the contract and then suddenly receive a claim form through the post? I think your chances of success would be pretty good but I can imagine it would be quite unnerving – and the advice I'm giving is intended to assure your success.

It's really up to you – but frankly I think that time is being wasted here and it's certainly a shame that the advice I gave a few days ago wasn't followed up immediately because you would be almost at the end of the seven day period already.

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Excuse me if I have this wrong.

My sense is that your partner has moved on without consulting you and without taking advice. He (I'm going to say – he) has now written and stated his position – and although in my view it was the wrong thing to do – he now feels that if he changes his position is going to lose Face.

 

If that is what this is all about – Face – then it needs to be understood that "Face" has no value and in the end can only be a liability.

There will be more Face to be gained by doing it properly and then winning.

There is no Face in losing.
 

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Just had this reply to a previous email

 

Thank you for your reply. I have read the emails of the 2nd of June and the 5th of June. I do not have an issue with the fact that speeding things up was important to you. However that request doesn’t form part of the actual contract you signed or the terms which you have agreed too. With respect you are misunderstanding the terms you have quoted to me. You have missed out the first part of the clause 7.3 which makes clear its relation to clause 15. Whilst clause 15 doesn’t mention suppliers it does list events outside of our control 15.2 (b) epidemic. As I explained in my original email, the current situation is unprecedented. No one would have been able to predict the impact the epidemic would have on the supply chain, this isn’t I must make clear an issue that is happening to Ideal Window Solutions Ltd, but is happening industry wide, we have very many written examples of this which we would use to support our claims.

 

The contract terms make clear that the estimated delivery is a guideline, and that we will do our best to meet them bearing in mind the points made above, events are beyond our control, but you have been made aware of them. The current issues in terms of the delivery do not constitute a substantial delay, even though you disagree, and goods ordered on contract that are of a bespoke nature made for your house only are treated differently under the consumer rights act 2015. The fact we were not affected by lockdown at the time you asked the question before signing your contract has no relevance, we weren’t, however things change, and in these circumstances as any news report will confirm, things have kept changing on a daily basis. It is because of exactly these types of eventualities that the contract terms exist. You may not like them but you have agreed to them, in law.

 

I don’t actually understand your comments regarding me having a fascinating concept, no one is trying to blame you our valued customer, and you would be hard pressed to have any one draw that conclusion from reading my correspondence? I don’t know how much experience you have of contract law and the English judicial system, as a business with 25 years very successful trading behind us, we have no fear of either.

 

As I have explained under the contract there is no automatic right to cancellation, and implied terms have no relevance, we have actual terms that make clear the position and our response to events outside of our control. It is these terms which would be tested in law, not your disappointment in the delay. Whether it is buyers remorse or a genuine need to cancel, the terms bind us both, your signature on the contract demonstrates your willingness to accept them. If you wish to cancel there are penalties to do so which I have also detailed in my previous correspondence.

 

If you wish to cancel, then I will let you know exactly how much you owe us to cover our costs. If you wish to take us to court please feel free the costs of the action will of course fall on you, and may well exceed that which I am requesting from you. We will of course happily defend our position robustly in any proceedings, and in the event of being successful ask for our costs to defend ourselves to be met.

 

Yours Sincerely

 

Thom Emerson    

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This doesn't change my advice at all. If you want to bring the contract to an end – then write the letter that I have suggested. Make it clear that the repeated delays have been excessive and that although there may not be an automatic cancellation clause, their repeated delays and failure to respond and lack of information amounts to a fundamental breach which has the effect of terminating the contract.

You are now giving them notice that you will be treating the contract as terminated if the work is not completed within 14 days – and within seven days they must let you know and confirm. If they will not, then you will withdraw from the contract at the end of seven days.

Tell them that after that if they want to seek some kind of redress from you then you will be happy to meet them in court.

 

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Thank you. Next thing is that you should discover how to join two pages together so that you effectively make a multi page single PDF file. I'm sure that you've seen them before when people have given them to you and that is the way they should be presented.

 

anyway nothing in this contract changes the advice that I've given to you and the longer you take sending the letter, then the longer you are tied to these people and furthermore, the greater the likelihood that you might be treated as having been complicit in their delay and therefore accepting of it.

You have to take whatever action you are going to take decisively and as soon as possible. I'm afraid that you have let it go on far too long and you are establishing a culture of accepting delays

 

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