- May 2, 2024
- Posted by: legaleseblogger
- Category: Related News
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# Situation Overview
About a month ago, I made a full payment of over £9000 to Everest glass and glazing for new windows for my entire house. The payment was made in advance as the windows needed to be ordered and custom made.
# Lack of Communication
Despite the payment, I did not receive any updates or communication from Everest for over a month, leading to growing concern on my end. The situation took a turn for the worse when I received a call informing me of Everest’s bankruptcy.
# Seeking Help and Advice
I am currently feeling distraught and unsure of how to proceed. If anyone has any guidance or advice to offer in this challenging situation, I would greatly appreciate it. Any assistance or insight would be valuable during this uncertain time.
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****** just grabbed a
Make sure you file a claim with the bankruptcy court. You probably will get nothing but maybe.
See if you can find out who they ordered the windows from. The company you paid probably just does the install. Maybe the manufacturer was paid for the windows and you can get them. Then hire someone to install them.
i sent $15,000 to a fence company for a 60k fence. they went belly up shortly thereafter. come to find out owner knew he would file and kept getting deposits anyways. scumbag. that was 10 years ago. and no i never saw any of that money again. at the time it was a fairly large fence co. I didnt think it was possible but the people working there knew.
You can charge things back on a debit card. I own a construction company and have had debit card chargebacks and they always win the chargeback and then lose in court but seeing as you didn’t receive a product or service purchased you can get the bank to likely assist you. The cc merchant will end up on the hook and pursue them in bk court.
Did you use a credit card? If you did issue a chargeback – if your credit card company protects you in your country
Had a similar situation with Smile Direct Club, filed a case with the bank and they awarded our money back based on the fact that the company was not fulfilling the bargain and had no practice to request refunds since they shut down their website and everything.
You can chargeback on a debit card as well. Call your bank. Now!
Find out if your state has a recovery fund for situations like this. Virginia, for example, has the Contractor Transaction Recovery Fund which reimburses consumers in situations exactly like yours.
https://www.dpor.virginia.gov/Boards/Contractors_Recovery_Fund
This post had me first wondering “How in the hell did you spend £9,000 on purchasing Microsoft Windows for your house?”
I wish people would stop making big purchases with debit cards. Credit cards offer some purchase protection. They got your money and then told you they were going bankrupt.
Findout who the bankruptcy trustee is and get registered as a creditor. When the company is liquidated the cash will be distributed in the following order:
1. Taxes
2. Landlord
3. Secured creditors eg bank
4. Unsecured creditors
You are in group 4.
Note: this is Canadian Law. I have no idea how UK works.
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It’s a big company and it’s currently in administration:
> Administrators ReSolve said they had “regrettably” made the decision to make staff redundant and were now in talks to explore an asset sale which would help it fulfil existing customer contracts and orders with Everest.
There’s not really much you can do. You could try disputing the charge with your bank but they likely won’t be able to help you as it isn’t fraud.
You could maybe try contacting the administrating company but it looks like the money has run out so they’re basically trying to strip what’s left to sell and then there’s a *chance* you’ll get your money back but they’d likely prioritise any big boy trade customers or government contracts over little old you. Sorry dude. 🙁
I’d recommend contacting your bank or credit card company. If you paid with a credit card, you might be eligible to file a chargeback since you haven’t received the windows. For debit card payments, some banks offer similar protections, so it’s worth asking about your options.
Not helping the situation at all I know but why on Earth use a debit and not a credit card?
Here’s the news article. https://news.sky.com/story/double-glazing-giant-everest-crashes-into-administration-13122865
The takeaway here is never, ever, ever pay in full up front. Had you put 10% down you would be in a much better place.
Similar situation. I ordered windows, put a deposit and waited. Started to get concerned as the feedback lessened and at the 2.5 month I could not get answers and disputed the charge with my credit card. I got my money back thankfully.
Card dispute guy here – file a services not received dispute with your bank. You can provide proof of their bankruptcy. Charge back will get you your money back. There is a timeframe limit on when you can dispute, so do it ASAP.
Always use a credit card for this reason. I shred my debit card when the bank forces me to take one.
I mean with all the Would I Lie to You episodes you’ve done it shouldn’t be too hard on your pocketbook Lee.
But if you can’t initiate a charge back with your payment method you’ll have to take part in the bankruptcy proceedings.
annnnnnnd you’re out 9k. Sorry.
You can file a claim with the courts but these companies wiggle out of all that. They’ll probably be selling windows again under another name in a couple months. Better luck next time.
Related: https://www.reddit.com/r/personalfinance/comments/117qb1a/company_went_bk_before_fulfilling_order_but_i_paid/
I worked for a window and door manufacturing company. However, this is the US.
The product was sold to your local lumber yards or window and door store…. we never sold directly to a customer. Im thinking you’re in a similar case. Your order is still there… It’s a matter of figuring out where your order is being produced. Also, I’m not familiar with how the UK works.
If you have an order form, I would imagine it would list the name of the manufacturer on it. If it’s there, I would email customer support and let them know what’s going on. The company may be willing to ship directly to you or to the nearest dealer.
Side note: The company i worked for wouldn’t even sell to builders directly…. all orders had to come from an authorized dealer.
Good luck, and I hope this works out for you.
I would post this in /r/legaladviceuk
Not sure what UK regs are regarding debit transactions, but here in the US if a debit card was used but run through a credit processor (i.e. PIN-less), then you generally get the same protections as a credit card user including the ability to request a chargeback for goods/services not delivered. I also don’t even know for here in the US if a chargeback can be done against a bankrupt company or if you just become a creditor.
In the future, never pay in full for a bespoke project. You always need to hold a carrot in reserve for someone to deliver. At the least, it reduces your exposure to something exactly like what’s happened here.