EIGHT

WOULD YOU BE HAPPY?

So the “A Team” have been in and ‘fixed’ the problems with the ‘conservatory’. Obviously my request for DEAN WANT to visit so I could run through and point out the things that needed doing was refused by NICK FLANAGAN and so I did my very best to ensure that the “A Team” knew what had to be done by sending a list and accompanying photographs. Things really could not have been clearer but I did not account for the ‘EVEREST HOME IMPROVEMENTS‘ factor meaning that whilst it would have to be at least some kind of improvement, it would still be far from the standard that you would expect from a company of the standing of EVEREST HOME IMPROVEMENTS and certainly from a company who profess to ‘FIT THE BEST’. Here are some before and after shots…

The window sills, ironically probably look better before…

This was simply laziness on the part of the contractor who should have cut the board to the correct depth and length. Instead he chose to stick some window trim on it in an attempt to hide his inability to work to a professional standard. Mind you, the “A Team” weren’t much better….

Next let us look at the crack due to the bowed wall. Removal, re-board and re-skim was what should have been done if it were professionals carrying out the works…

…however we are dealing with EVEREST HOME IMPROVEMENTS so you guessed it, FILLER….

My decorator told me outright that filler cannot be rubbed down on fresh plaster as it will scar it although to be honest the plaster was clearly not mixed correctly in the first place as it is lumpy. Something to keep in mind is that the finish should be to a standard that you can simply come in and decorate, not with wood chip paper, but just with paint if you so wish. It would appear that the contractors from EVEREST HOME IMPROVEMENTS don’t care about this or simply didn’t get the memo. DISGUSTING.

Now we will turn our attention to the unsightly finish on the box gutter…

I am sure you will agree that this corner and the underside is a vast improvement on the rubbish that was there before however the “A Team” take the time to make the box gutter much more aesthetically pleasing only to do this to the underside and the wall…

Again, to do this properly as I said to DEAN WANT, the room should have been re plastered when the “repairs” had been done, under no circumstances should they be allowed to use filler. Next we come to the long windowsill, here it is after replacement…

From this….

…to this….

The sill has again been cut and finished incorrectly. Where they have removed it to cut it down they have clearly pulled off some of the plasterboard and tried to fill around it, that is an actual bump in the picture. If this is the “A Team” then it is clearly as good as this company gets. HOW ARE THEY STILL TRADING???

Next to the tie bar, (that basically holds the roof up!)…

The pictures above is of a tie bar for the roof. There were according to the plans, supposed to be three, there are only two and one of those (pictured) is simply screwed in to a tin box gutter which offers NO STRUCTURAL SUPPORT. Oh, the way they have protected the screws sticking out in to the box gutter from rusting….SILICONE.

Now brackets for supporting the box gutter, before….

…and after, a better finish I am sure you will agree but there is one thing….

These are the incorrect brackets to support the box gutter which EVEREST HOME IMPROVEMENTS chose to simply grab off the shelf and use. The “A Team” came back and mounted them on blocks of wood which is also a bodge and furthermore adds to the screw holes in the bottom of the box gutter as the brackets have been moved. Not to worry, I am sure they filled it with silicone. Incidentally, EVEREST HOME IMPROVEMENTS knew that the correct brackets would not be available because they were told this by the manufacturer BEFORE they started the ground works.

So if that is how they leave the inside which I will see all the time, what bullshit work have they done to the outside. I had written to DEAN WANT to tell him that the gutters needed to be removed from the walls so that the rendering could be done properly. I can’t be any clearer than by sending pictures of where I meant, as NICK FLANAGAN refused to allow him to visit. So how did they do? Place your bets!

Before the “A Team”…

Well, I can tell you that they did not remove any guttering.

They did manage to get enough render in behind the gutter bend to make it LOOK like it was done properly and waterproofed but I had told DEAN WANT in my letter that the gutter should be removed AS WELL AS the render to ensure it was not wet in behind. This was clearly not done as the 90 degree bend is rendered IN TO the wall. IMPOSSIBLE to remove for unblocking of leaves…

Unfortunately, this coupled with the fact that to get the clearance from the house for the guttering they had to use two 90 degree bends, it caused the water to run inside the new cavity between the original house wall and the dry lined wall creating this…

33 inches THIRTY THREE INCHES of damp, and that is just the height. It runs the entire length of the wall and we believe that it has also worked its way round to the original opening for the back door of the house. This belief comes from the fact that we asked a contractor to screw the skirting board back on to the wall as the glue had given way and he had to put a wall plug INSIDE another wall plug and it STILL turned when he tried to tighten it. So a big thank you goes out to EVEREST HOME IMPROVEMENTS for potentially causing damp damage to my house. And of course to our expert in all things building and legal, NICK FLANAGAN…

I would love to know how the head clown would feel if he were in the position I am in. Would he simply be sitting back and accepting that some jumped up keyboard warrior refuses to visit, refuses to get it sorted? I think not. Although the fact that he has done everything he can to avoid meeting with me, maybe he does lack the spine for confrontation. Anyway, here is a little more damp for you to look at.

The floor slab is also wet. The damp proof membrane is in place to stop damp coming UP through the floor but when the water is running DOWN on to it, the slab has no choice but to soak it all up.

I think you know that it goes without saying that I get back in touch with the head clown at circus central MR NICK FLANAGAN.

The emails and letters are plentiful and again I am unable to disclose many due to the court action that will be happening against this disgusting company. I will however share some of the emails and letters that absolutely caused me to put my head in my hands in disbelief of what a so called educated legal representative (I am not convinced he has legal training), has written due to how monumentally stupid it is.

I am going to leave it there for now, but I hope that you will share these entries so as others will not fall in to the same situation I am in. So I have to ask you...WOULD YOU BE HAPPY?

Next time…..”More emails, more BS”

SEVEN

“CONGRATULATIONS!”

So more than a YEAR since the build started the final piece of glass has FINALLY been fitted to the structure known as the conservatory or to us, known as something completely different. I felt it such a monumental occasion, that I should write to SIMON GOBLE and let him know and as they considered the build to complete, (although by no means finished), this was the time they could offer some compensation and confirm the VAT reduction. After all, SIMON GOBLE is the Operations Manager, surely he is capable of that? Well, no actually. Internal communications at Circus Central show that on the 16th Of July the following is logged; “NICK FLANAGAN has confirmed he will deal with Mr Pas letter dated 10th July 2018″ Meanwhile I have informed DEAN WANT that despite the “A Team” member fitting the glass (finally), he had not addressed the leak that we had in the roof. Instead, he said he would report it back to DEAN WANT. WHY IN THE HELL WOULD YOU NOT JUST FIX IT?

SIMON GOBLE did take the time to write a few lines to me just to tell me that my letter had been passed to the Legal Services Manager NICK FLANAGAN.

I decided to drop NICK FLANAGAN a line just to let him know that I now wanted him to visit with SIMON GOBLE and DEAN WANT, as he said he would when it was finished (although I will show why it was not later!) and that an offer of financial compensation was now past due. I also told him that I was sure he would not visit so to crack on with the offer. I also gave him deadline. Whilst writing I also told him that although the member of the “A Team” had taken the two incorrect panes of glass (that I could have sold or maybe used), he had conveniently forgotten to remove the large wooden fire door and that I would appreciate it if he could return to collect it. Just so you know, I DISPOSED of the the wooden door in AUGUST of 2019 over A YEAR later.

Much to my surprise I received an email from NICK FLANAGAN… “Dear Mr Pas, Everest has no offer to make at this time.I shall be pleased to meet with you personally, neither Mr Goble or Mr Want need attend. I would be pleased to hear from you with details of your availability, upon receipt of which I shall make the necessary travel and accommodation arrangements. My comments regarding legal costs remain. Kind regards”

A received email should be replied to…

“Wow. What a fast reply, well done.
Legal cost will be down to Everest, that stands.
Not having an offer to make is unacceptable and I suggest you think again and I expect the offer to be made by the date and time given. 
Wednesday or Thursday of this week will be fine. I agree that Mr Goble need not attend as let’s be honest he hasn’t been exactly helpful or proactive throughout this and has simply passed the buck. Contrary to what you think though, Mr Want needs to attend as he has been the person who has seen the shabby workmanship and who I have been talking to so he will also attend.
Travel arrangements aren’t difficult, I assume you drive so just put the postcode in the SATNAV and it’ll bring you right here. Alternatively let Mr Want drive. 
You can do it in a day so I don’t think you need to stay out, it’ll be a road trip.
Regards.” 

As this is FLANAGAN who has to be right and have the final word…

“Dear Mr Pas, Thank you for your email. My comments in respect of legal costs and a current offer remain.  If you are unhappy with that, you must take the action that you see fit. I am afraid that your assumption that I can attend this week is incorrect, as is your assumption that I can attend and return in a day. Please provide details of your availability for week commencing 30th of July, excluding the following dates Jul 30, 31 Aug 3, 6, 7, 10, 14, 17 Thanking you in advance. Yours sincerely,”

I have had to deal with this crap for so long and have tried to be accommodating and patient but even the sound of this guys name boils my piss so I reply because I will not be bullied by someone who hides behind a big company.

“Mr Flanagan.
I WILL be recovering my legal cost from Everest. Your comment; ” My comments in respect of legal costs and a current offer remain.  If you are unhappy with that, you must take the action that you see fit.” did make me chuckle and unfortunately confirmed what I had told my Wife what you would say. You have become so predictable Mr Flanagan I could practically have our conversation on my own.
Any assumption on my part that you can attend at all is frankly incorrect as you constantly dodge it. I will provide some more dates for you just for the hell of it as you may actually surprise me. Don’t forget to check availability with Mr Want so he can also attend.
8th or 9th of August will be fine. Let me know which.
I wonder if you might invite the CEO too, I will be writing to them soon so it will save me a stamp.
I await your excuse for not being able to attend on the dates I have given.
Regards.
Mr Pas”

After much BS back and forth with the bloke it was decided that he would attend my property on the 9th of August. I replied to FLANAGAN agreeing that there was no point in SIMON GOBLE being there, Lets be honest, it was unlikely he would have anything remotely sensible to say unless it was about fishing judging by his performance as a manager so far.

However despite what he said I immediately emailed DEAN WANT and informed him so he could make the day available for him to come. It was important for him to be there as he was the guy with the building knowledge. It would be pointless having a hairdresser going to a meeting to offer their advice on baking would it? Common sense says that the guy who has been trying to sort the problems out who knows about building should be there to agree or or disagree with the points I make, the legal bloke isn’t likely to know about damp proof membrane or plastering. In any case there were more back and forth emails between me (the victim) and FLANAGAN who now presumably is an expert in building as well. Then, after being told that he had NEVER dodged any visits or meetings with me and after my Wife, and I have sorted out everything so that NICK FLANAGAN can finally grace us with his presence, I get an email from him asking if he can in fact change the date of visit to the 8th. I really should not have been surprised as I truly believe his job is simply to piss people about which I have to say he does excel at so as he pisses me about I told him that I would check with DEAN WANT that he would be able to make the changed appointment and was immediately told that DEAN WANT will not be attending the meeting. What he didn’t realise and as he lacks the moral courage to admit he is wrong still doesn’t realise or accept, is that had DEAN WANT been allowed to come along when I first asked before the “A Team” tipped up, the works would have stood more chance of being done correctly and if he was allowed to show up to this meeting, I could have asked him to look around and tell us what he considered to be wrong with the build. BUT, FLANAGAN knows best. A true Jack of all trades it would appear.

Many more emails went back and forth like playground tennis however I will not share as they are boring. I just hope you can see the kind of “banging my head against a brick wall” I have had to endure for this entire fiasco because of one man who thinks that EVEREST HOME IMPROVEMENTS are above the law and owe victims nothing. Suddenly though, this from NICK FLANAGAN.

Without Prejudice “Dear Mr Pas, Further to our recent communication, I remain willing to meet you on the 8^th of August at 9.30am and await your confirmation in that regard.  Ahead of which, I have considered the contract, installation process and installation issues and as requested have considered your request for an offer of compensation. Initially, I would offer our sincere apology for the protracted nature of the installation.  I entirely understand your frustration at events and accept your criticism of Everest generally. In terms of compensation, it is generally accepted that damages for contracts of this nature only flow from a breach, and whilst it is plain that your installation was not completed in line with your hopes and expectations, as demonstrated to your lawyers, the issue of delay is expressly dealt with by the terms of the contract and the delay in this case is not an actionable breach and if it is, the damages payable are detailed within the terms of the contract – being 1% of the value of the outstanding work per week after breach occurred. In terms of the installation generally, my understanding is that the process was not smooth, the Consumer Rights Act 2015 requires that the works be carried out with reasonable care and skill, and that the goods conform to the contract.  In the light of the fact that the initial works needed to be undertaken on repeated occasions and that elements of the goods needed to be replaced, it is fair to say that these requirements were not met.  The Consumer Rights Act 2015 goes on to say that if the works are not carried out with reasonable care and skill that a repeat performance should be provided at the traders’ cost and the consumers convenience.  Further it states that the goods should be made to conform, with the contract by the trader, again at the traders’ cost and the Consumers convenience, within a reasonable period. Whilst I do not accept that a breach of the contract occurred in respect of delay, I am of the view that the remedial and completion works were not carried out in a reasonable period and as such as a gesture of goodwill I shall be willing to offer the sum of £1,000 in respect of this delay. Damages for stress and inconvenience are not generally recoverable on a contract of this nature, and if they were they would always be nominal, however I am of the view that you have been put to some unnecessary inconvenience and as such I am prepared to offer a further £750 as a gesture of goodwill in this regard. Any special damages for expenses would be recoverable subject to the normal test of causation, remoteness and mitigation, and to date I have been presented with no details or evidence of special damages.  I confirm that I am happy to consider any additional expenses that you have incurred in addition to the offers mentioned above.  It would be helpful if you could provide this information prior to our meeting, so that we may proceed to resolve matters once and for all on the morning of August 8^th.  In the alternative, I shall be willing to offer the sum of £1000 in respect of special damages without the requirement of providing any detail or evidence. I therefore look forward to hearing from you at your convenience either with acceptance of our total offer of £2,750 or with details of your additional expenses for my consideration. For the avoidance of doubt, the content of this email is without prejudice and made without any admission of liability.Kind regards”

£2,750 compensation. ARE YOU ON DRUGS??? Reply required…

“I write simply to thank you for providing me with a chuckle this morning. Your letter of offer of compensation amused me greatly, so thank you. You are quite incredible in how fast you do things as on the 23rd of July you had no offer to make. Suddenly once you have commanded which day and time you are willing to attend my house, you immediately have an “offer” to make. I bring you to line four of your letter regarding breach of contract. Mr Flanagan, you were in breach of contract on the 22nd of March 2018 as per my letter giving time of essence. This was given due to the continuing problems of inactivity by Everest. The being in line with hopes and expectations is irrelevant. Your own contract states an estimated time of 12 to 14 weeks and even allowing almost 50% extra taking it to 20 weeks, you still did not manage to fit the final piece of glass for a further 37 weeks or so. This has nothing to do with hopes and expectations. Your 1% statement is irrelevant as you were in breach of contract on the 22nd March 2018 so no longer stands. I accept that you do not believe that any breach of the contract has occurred, as you have stated all the way through that all advice given both by the CAB and my own solicitor and actions taken by myself on this advice has been incorrect. So talking to you with regard to anything contractual by Everest is always going to be a waste of time. Your offer of £1000 in respect of delay to remedial works is a laughable figure and is not acceptable by any stretch of my imagination. Your offer of £750 for stress and inconvenience is also less than amusing. With regard to your denial of any presentation of damages or claim. I sent a letter via email to Mr Goble on the 7th June 2018 which as it was a letter demanding an offer of compensation, I am sure he would have passed to you as he appears to have done with anything that looks remotely like something he can’t deal with so I am sorry of I do not believe that it is the first you have heard of it. This email was also referred to on the 18th of June. I am just going to round off now by saying that your offer falls well short of an offer that is supposed to compensate my Wife and I for the incompetence of Everest. You have failed to address the VAT of £7,244.50 which we were told we would not be paying hence our purchase.  You have not addressed the legal costs which we had to endure due to your refusal to accept that what I had been told by the CAB was correct leaving us no choice but to see a solicitor and then further having to have a solicitor act on our behalf. You have failed to address our extra heating costs as Everest had failed to even order a door or indeed the fact that we had to purchase a temporary door to block the hole where your door should have been. The fact that the interior wall had to be re plastered which we had already decorated. The list goes on Mr Flanagan so come back with a more realistic figure and we can see how you have done. Regards. Mr Pas”

I sent copies of the emails and letters to FLANAGAN that had been sent to SIMON GOBLE showing the parts he had said that I had never mentioned in respect of my losses and he sent me an email back. He has never seen these remember however the email says the following…

“Dear Mr Pas, Thank you for your copy letters, I have commented upon these before, the first letter making time the essence does so without reference to the contract, without providing six weeks (you offered 20 days) and did not seek to impose the appropriate contractual penalty of 1% of the value of the incomplete work for every week that the work remained outstanding. We certainly acknowledged your notice, but the letter from Mr Goble makes it quite clear that the terms of your letter are not accepted.  That said he confirms that works would be completed by 22^nd March 2018.  You will of course recall that this prompted the intervention of your lawyers and your refusal to permit access hence delaying completion of the works further. I do not accept therefore that time has effectively been made the essence, I do not accept that the penalty for delay should be calculated from March and I do not accept that the sum in compensation for same should exceed any offer that has already been made and rejected (and withdrawn) There is no compelling evidence in support of your position. If you intend to reinstruct your lawyers you are of course free to do so, I would remind you that you do so at your own cost, and that Everest will not pick up the tab for your legal advice. Yours sincerely”

Seriously, how can anyone possibly try to deal with someone who says they will meet at any time but will not meet and then denies the fact that he will not meet even though he sends emails saying he won’t meet? Similarly, how do you deal with someone who says they have never seen any correspondence regarding costs etc when they then tell you they have commented on them previously when they were sent? You could not make this up, and unfortunately , I’m not.

So you can see. Dealing with EVEREST HOME IMPROVEMENTS is pointless. So why am I getting in such a state over this? Why am I taking to the internet to tell of my troubles? Well, let me show you….

Next time, “Would you be happy?”