are out on a limb, you do not fully understand my remit,
and you underestimate my skillset and experience,
furthermore you do not know how long it would take me to get
to and from Harrow.
issues certainly include that of manufacture, they also
relate to the agreed terms of the contract and the
obligations (in relation to manufacture as well as other
factors) that the contract imparts.
assumption that I am not aware of the issues, is,
unfortunately just as incorrect as your understanding of my
remint, skillset, experience, and driving speed.
A copy of
the contract, not supposed contract, it is an actual
contract, was left with you on 31st of August 2013 when the
contract was signed, the finance agreement was left with you
this time also, with a second, executed copy sent to you
direct from the finance house, shortly after, upon receipt
of which your cancellation period began.
however be pleased to send you a further copy of the
contract when I return to the office on Monday morning.
aware of the small difference between your existing lead
design and the lead that was manufactured, as an aside, the
middle management that you lambast, for not having a clue
how our products are manufactured, are not directly involved
in the manufacture of these leased glass lights, this is
sourced to a Company called CET. And whilst this is not
your problem, or mine, it is a statement of fact and
suggests further that you are less than entirely aware of
what Everest's middle management can, or cannot do and
further that your classification of them or their actions in
this matter as general incompetence, is misplaced.
of the special lead design, the process for manufacture of
non-standard, or special lead designs is that a photograph
of the existing lead is taken, from square on, and from as
close a reasonably possible, this is provided to CET the
glass manufacturer, they make a drawing of the lead and that
is referred back to the customer to approve.
completed the original survey on the 10th of September 2013,
however needed to return and take better photographs of the
lead design at the request of CET, we did so on the 20th of
September and forwarded these photos to CET, they provided
us with drawings for your express approval in order to
authorise manufacture. Between the 18th and 23rd of October
2013 yourself and Robbie Yapp discussed the drawings,
resulting in fact in you contacting CET yourself, and on the
28th of October confirming with them that the drawings were
correct and that we could proceed to manufacture.
provided Everest with your own drawings on 31st of October,
advising that these were the correct templates necessitating
further attendance on our part in order to ensure that
survey was correct in line with what we believed was a
revised template which we duly completed in November of
were put into manufacture in line with this survey and a
provisional installation date of Jan20th 2014 was agreed,
however on12th December Everest were advised that the
dimensions of the template was such that it would not fit
correctly into the leaded light. You were contacted in
order to see what possible alternative could be agreed. As
you are aware the design was cropped slightly so that the
key feature of the design was centralised, I appreciate that
you have rejected this departure from the precise original
January 2014, you queried the size the lead design, and when
we offered to return in order to check this, you refused and
instead, on February 3rd 2013, that you were at this stage,
irrespective of the above were not able to accept delivery
of the windows.
appears that a period of email communication between
yourself and Ken Less failed to progress the matter, despite
Ken offering to provide exactly what you requested, to
resurvey or to discuss alternatives, you preferring to seek
cancellation of the contract in its entirety.
August when you wrote to the CEO, resulting in your
agreement to proceed with the works, and a discount of
£2082, which was confirmed in writing on 12th of December.
I do note however that you appear to have maintained that
you were expecting a far greater discount although have not
presented any evidence of Everest's agreement to any such
appeared to be proceeding to a reasonable conclusion when it
became clear that your finance agreement had lapsed and was
no longer in place, we did offer to re-sign this for you,
however your ongoing efforts to secure an additional
reduction to the contract value, your requests for detailed
cost price of our products, presented a significant obstacle
to resolution of this matter and then as you are aware you
took the decision to seek once again, to attempt to cancel
the contract, at which point I became formally involved.
an extremely simple matter, your lead design is matched very
well but due to the profile of the replacement windows, has
been cropped as opposed to scaled down. We have suggested
that you accept this, which in our view will represent an
attractive improvement to your home, and will certainly add
in terms of functionality for which we have offered a
reduction to the contract value.
addition we would aver that the slight cropping of the
design in these circumstances is entirely reasonable, and
should not be relied upon as a failure in terms of the
obligations that this contract imparts. We have at all
stages sought to assist you in this matter, and perhaps have
made something of a rod for our own backs in doing so. The
resulting delay, and repeated circular correspondence, upon
which you rely in order to secure a discount in this matter,
have occurred only in the light of our attempts to assist
our offer is simple, the goods that are manufactured, and
have been so for many months, are in store at the St Albans
installation centre, we propose to install them in the
knowledge that your lead deign is slightly cropped as
opposed to scaled down. We shall offer an immediate
reduction to the contract value of £2082, you shall pay
either by finance agreement, which we will be pleased to
arrange for you, or upon installation.
alternative, if you wish for us to remake the leaded lights,
with the design scaled down, we shall be able to do so,
however this will be upon receipt of your confirmation that
you shall make payment in full upon completion of the works.
alternative, is for you to continue to refuse access for any
proposed solution, in the event of which proceedings for
breach of contract shall be issued against you.
confirmation of your decision.
- 01707 877 055
- 07808 365 292
- 01707 873 452
House - Sopers Road - Cuffley - Hertfordshire - EN6 4SG
From: Sean Meacher [mailto:sean@xxxxxxxxxxx]
Sent: 30 May 2015 20:07
To: Nick Flanagan
Cc: Caroline Ellis; customerrelations
Subject: Re: Purchase Agreement ES1910AR
going to go out on a limb here and suggest that the reason
there has been no progress is that you're the 'legal
services' manager and the issues are ones of manufacturing
and manufacture, along with the general incompetence of
Everest as a whole.
also going to assume that you're not completely aware what
the issues are.
you lose interest, would you be so kind as to send me a
copy of the supposed contract, as that's just one of the
many things that I've not yet received from Everest.
to this email is a pdf file, this contains the following
Photo of original window design
Example of (1 of 4) to-scale drawings I produced and
sent Oct 2013 and again Jan 2014.
Photo I received from Ken Lees, Jan 2014, showing
incorrect leading design
Photo I received from Richard Lawrence, Feb 2015, AGAIN
showing the same, incorrect leading design (supposedly
Also attached is the spreadsheet that was supposed to be
FULLY filled out with 'at cost' prices, but was actually
returned half-completed with the RETAIL prices.
the information from your second surveyor John Rushmere
(Dec 2014) didn't make it to the second salesman Adam
Freeman, to be included here (another failure).
rather obvious that when Ken Lees took the second set of
photo's, he didn't check them against the previously
provided scale drawings. Neither did Richard Lawrence when
he forwarded them onto me.
is what I class as the 'general incompetence' and is
neither my problem nor yours to sort out.
original purchase agreement stated 11-12 weeks for
delivery, yet here we are 21 months later.
be perfectly honest, I don't believe it's within the
capacity of Everest to resolving this satisfactorily
because your company is full of old-manufacturing
middle-management who have not a clue how your products
are manufactured. Nor does it have the flexibility
required to be able to make this work, for much the same
At every stage, I've been made promises, yet there doesn't
appear to be anyone who can actually follow through on
them. or provide me with the information I have asked for
so as to make an informed decision on how I would like to
visiting my home is not going to make any difference as
you're not the right person to answer all the questions
that I have asked and have yet to receive any answer for.
will just drag on forever.
agrees to cancel the order without further charge to
myself (as per the Sales of Goods and Services act 1982 -
for "failing to provide an acceptable product in a
reasonable time properly")
will save you further embarrassment, media exposure and
wasting everyone's time.
provide, as I'd asked for since Jan 2014, a "full set of
windows, all with the correctly manufactured designs for
a reasonable price". This would either be 'at cost' (as
was promised by Richard Lawrence should I accept the offer
for producing the second half of the windows for my home)
for all of them, or taken as the national average of a
double glazed unit which is around £500 (which would make
the total a more reasonable £11/12,000 (taken as around 22
provide me with the details of how and where I can obtain
units of the same frame design that you have produced (one
of my long-unanswered questions to RL, or at least since
the second set of pictures - which was the first time I
had seen an external view of *any* of the units), so that
I may obtain equivalent frame designs for the second half
of my house, so as not to be left with a motley of windows
designs, were I to accept that which you have produced.
Also, the existing order to be renegotiated for a more
reasonable price, given the time taken and the fact that
at every stage, the issues have all been generated by
Use the suggested pricing scheme from option 2.
with options 2 or 3, if you have a look at the
spreadsheet, I'd dearly love to know how you can think to
get away with charging £3128 for a 'hardwood exterior
in mind, it did take 18 months to get an itemised
price-list from any of you - if the original salesman had
told me this, I never would have signed up!
found an equivalent one via a quick internet search for
£280 (leaderdoors.co.uk) - this being "hardwood, exterior,
finished, double-glazed" door.
I had queried with with your social media portals
(twitter/facebook) but have yet to receive a reply.
bespoke designs I had expected to be a little more than
average, but charging an order of magnitude larger for a
standard item places some suspicion on your whole pricing
double glazing industry already has a very bad reputation.
This does nothing to change that.
of this to be negotiated before installation, as otherwise
that would just be another protracted battle against the
forces of ineptitude.
it's all the same to you, I'd rather keep the
communications electronic. Apparently an email mbox export
is legally acceptable, should that ever be required in the
it saves the waste of a 4-hour round-trip.
also bear in mind, "can't" is just another way of saying
"don't know how".
On 30/05/2015 12:15, Nick Flanagan wrote:
Dear Mr Meacher,
I am concerned that we do not
appear to be making any progress toward achieving a
resolution to this matter.
I assure you that it is my
intention of securing a solution that is mutually
satisfactory, and perhaps with that in mind you will agree
to meet me on site, so that we may discuss suitable ways
to move this matter forward?
I look forward to hearing from