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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I recently ordered new Windows for my house from Everest

Customer Question

I recently ordered new Windows for my house from Everest Windows. I paid my deposit and received an install date. When the installers came, the windows were incorrect and eventually I convinced them to get the surveyor back to re-measure.
He came and agreed he would re-measure the windows. The fitters were still here and they explained to him what they thought was wrong.
As the surveyor left I rang Everest customer relations and suggested that they should get another surveyor to check the measurements. Three days later I was contacted by a senior manager saying that some of the windows were being remade.
This has been stressful for me but my question is; do I have the right to claim for my time and distress? I took holiday from work for this.
Everest are saying they will not allow this and if I don't pay the full sum, they will nullify the warranty and pursue me for the full sum.
I realise you don't have all the details but some idea of my rights would be helpful
Thanks
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you with this.
How much are you seeking to claim please?
Alex

Customer: replied 1 year ago.
Currently I am looking to be paid for my time. Approximately 2 days @ £220 per day but would look for more if the final installation is not satisfactory
Customer: replied 1 year ago.
This is against a total cost of ~£17500
Expert:  Ash replied 1 year ago.

You need to write and set out your losses and request a refund of this 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 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://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-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?

Alex