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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am having a complete nightmare with Everest Home Improvements

Resolved Question:

I am having a complete nightmare with Everest Home Improvements - they have so far had at least 5 failed attempts at installing some windows (poorly installed, windows installed in wrong places, wrong size beads, broken panes of glass etc etc) and we're still not finished. Each time they have another go I have to take more time off work (which costs me £300 per day).
To date, they have offered me £300 compensation and a free front door (allegedly retailing at about £2500 incl replacing some stained glass) - which I accepted, but, due to manufacturing problems cannot be installed until mid-November 2015 at the earliest.
After the latest failed window installation attempt I want to just tell them that I have no confidence in their ability to deliver the door, and I just want them to complete the window installation and agree a reduced price with me.
Before I say too much to Everest, I would like to know where I stand in terms of the original contract / right to redress.
Thanks for any advice.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Have you had a second opinion to quote for doing the work please?
Customer: replied 1 year ago.

I assume you mean for the original window specification? Not a direct quote, I compared the Everest price to advertised prices for similar triple-glazed products. The premium for the products that I chose were about £3,000 (for the lifetime product guarantee).

Expert:  Ash replied 1 year ago.
I would get a quote for getting the work put right, that is your loss.
You need to write and set out your losses and request they do the work or a refund of that loss 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.
If they do not 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.
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.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Customer: replied 1 year ago.

I need to be clear about what I am legally entitled to claim from the company, and what they may agree to on commercial grounds (for goodwill reasons).

Are you saying that, legally, the limit of my redress is only the cost of having someone else finish the work? What about all of the time that I have had to take off work whilst they have tried and failed to complete the installation? This amounts to about £1,500.

Also, no doubt Everest would say that all product warranties (lifetime guarantees etc) would be void if they do not complete the installation.

Am I not entitled, under some form of consumer legislation, to set out my dissatisfaction with their product / service (which has been terrible) and thereby avoid the original agreement? They have repeatedly failed to deliver the product / service I purchased, and I have no confidence in their ability to perform as per our agreement.

As it is not a practical solution for them to put my old windows back as they were, I would propose that they accept the deposit I paid and subsequent monthly instalments (amounting to about £2,000) as full and final settlement?

Expert:  Ash replied 1 year ago.
Yes you are entitled to claim from Everest compensation. Your compensation is the cost of getting th work done elsewhere plus a nominal amount of compensation.
You are entitled under the Sale of Goods Act / Sale and Supply of Goods and Service Act for a replacement/refund.
Does that clarify?
Alex
Customer: replied 1 year ago.

If I want to pursue a claim under the Sale of Goods Act / Sale and Supply of Goods and Services Act how do I do this - and what do I have to prove?

Expert:  Ash replied 1 year ago.
You have to show either:
1) Everest did not act with all reasonable skill and care, or
2) The goods are not as described, fit for purpose or of suitable quality.
Does that help?
Alex
Customer: replied 1 year ago.

And what is the process for making a claim of this sort please.

Expert:  Ash replied 1 year ago.
Can you see above where I suggest doing it online? www.moneyclaim.gov.uk
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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