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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi i took out a contract with Everest to install a conservatory

Customer Question

Hi i took out a contract with Everest to install a conservatory (£22,000 ) which was financed through Barclays. The build was started in June and ever since i have nothing but problems through incompetence. My concerns are such that i have no completely lost all confidence in the company to continue the project. I have tried resolving issues but have been met with more incompetence. I am also concerned that i have taken out a credit agreement with barclays . I no longer want the conservatory due to poor workmanship . I have not yet paid an instalment as this is not required until the build is complete. I really need some legal advice as to where i stand in terms of cancelling the build and the credit agreement
Thank you
Beryl Crick
Derby
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello Beryl my name is Alex and I will help you with this.
Alex Watts : For now please let me know if you have had an independent survey done?
JACUSTOMER-qat1md14- : No i havent
Alex Watts : Ok this is what you need to do. Get an Independent survey done, this will set out what all the problems are.
JACUSTOMER-qat1md14- : Ok but what about the credit agreement with barclays i have lost confidence in everest to complete the work where do i stand legally with them if i no longer want the conservatory because of poorvworkmanship
JACUSTOMER-qat1md14- : And when you say an independent survey - from whom ?
Alex Watts : You then write to Everest and send them a copy and give them 14 days to do the work or say you will go to court.
Alex Watts : If they do not then you get a number of quotes for putting it right and get the cheapest to do it.
Alex Watts : You then deduct any balance remaining to Everest from the cost of doing the work.
Alex Watts : If there is a surplus to pay this to Everest
Alex Watts : If there is a deficit, ie it cost you most than you have had to pay Everest then you can sue them for the balance
Alex Watts : You need to write and set out your losses and request a refund of that difference within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
Alex Watts : If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
Alex Watts : The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
Alex Watts : If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Alex Watts : Can I clarify anything for you about this today please ?
JACUSTOMER-qat1md14- : Thank you. If Everest agreed that the original conservatory was in the wrong place due to their mistake and agreed to put it right. Took the original building down, re-piled the foundations, started to reconstruct the building, then, following our request, came out to see the structure to note the problems, i.e. damaged frames, frames of the wrong colour, missing parts, then informed us that the replacements required would be approx 5 weeks, is it ok to go ahead with the report and say that we no longer want everest to continue trying to put it right due to very poor customer service and lack of confidence in their ability to produce an acceptable result, or will we be told by the law that we need to give them time to continue with their attempt to put it right.
Alex Watts : Sadly they have an opportunity to put it right as you are required to mitigate your loss.
Alex Watts : If you do not you may not be able to recover all sums due in couy.
Alex Watts : @ court @
Alex Watts : Does that clarify matters?
Alex Watts :

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