Anglian Home 'Improvements'

[mystikmeg]

Hello!

Any guidance would be hugely appreciated as I've had about a year of stress, worry and bulling from a company who couldn't care less. Here's the notes I've been keeping which should give you an idea of what's happened. Basically, what I need to know is, can I have my deposit back on the second large order as I was led to believe I'd be happy with the front door that turned into a nightmare. Now I have no faith in their ability so should be able to walk away but they want their huge cancellation fee plus interest!! HELP

18/8/2020	paid deposit for door order number 30302494
25/8	paid deposit for windows/doors (order number 30303143) as we were told the we'd be so happy with the door by the salesperson. We were misled and want our full deposit back on order.
18/9	door fitted
18/9	immediate complaint for poor fitting, wrong lock and wrong colour
19/9	Email to Peter stating the thumb turn is far too difficult to operate
2/10	Reported door leaking and provided evidence
2/10	Surveyor says appalling fit
5/10	Complained to sales rep, promised call from manufacturer same day
5/10	Cancellation email sent, no contact phone number
9/10	Original installer (who the salesperson said 'would never work for us again') returned for 'quick leak fix'
12/10	Calls to Customer helpline to cancel and speak to manager. No answer
13/10	Follow up email to cancellation department, no answer
15/10	Emailed chasing cancellation and advising will refer to Ombudsman as no response
15/10	Mr Bailey (I have no idea who he is at this point) calls me to say they won't be offering any compensation for the door as per his manager. I asked for his manager and he would not provide. This is deliberate intimidation.
15/10	Email from Mr Goring - 08:55 - You are correct , the barrel fitted in your door is not the correct door barrel and will be changed to the correct barrel when the door is replaced . Please can you send the Variation of Contract back to me so that I may order the replacement door in the colours that you wish to have. The cancellation request for your other order has been sent to Sales and Cancellations.
15/10	15:29 - Mr Goring tells me the basic Yale lock is correct 'The lock fitted to your door is in fact the upgraded lock used on the Composite doors, the price of the door is still the same, once installed correctly , the balance and a gesture of good will , will be discussed.'
16/10	Mr Spiller refuses to comment on why Mr Goring gave incorrect information regarding the locking system supplied. I replied asking for an explanation and received nothing
16/10	I asked Ian for his manager's details and this was ignored
23/10	Mr Bailey calls me to say they won't be offering any compensation for the door as per his manager. I asked for his manager and he would not provide
26/10	Emailed with newly spotted issues. Part of the door seal is missing
16/11	Email received at 08:50 saying they were sending someone to look at lock issue. None of us were home and they didn't follow this up
17/11	Mr Spiller says he cannot help us and would write to confirm. This never arrived
17/11	I emailed 'Isn’t the cancellation fee only payable if we’d simply changed our minds and not had the worst experience imaginable, coupled with lies and incompetence?'
17/11	Mr Spiller wrote back 'Unfortunately not, as far as I’m aware it has been ordered. Mr Cornock, can you confirm please.' Mr Cornock never got back to us
30/11	Nothing heard so sent ultimatum of 18/12 to fit new door correctly or we would reject
1/12	Mr Bailey emails to provide new installation date of 16/12
16/12	Second door fitted, incorrect internal lock, leaking from letterbox as not sealed, weather bar not sealed and fell off where left screw was faulty. New fitter said he was 'fed up with just going round correcting everyone's mistakes'
17/12	Emailed rejecting the door as failed to supply what we ordered. No reply
17/12	Email received from Mr Bailey saying contract doesn't state thumb turn lock, trying to get out of rejection. See my email to Mr Goring on 19/9. Mr Goring ignored my issue re the thumb turn
24/12	Emailed to advise water leaking in and incorrect lock and asking for refund. Pictures supplied
4/1	Emailed regaring the weather bar, leaking etc, Ombudsman etc
6/1	Letter received from Mr Cornock (Senior Installation Manager) asking for full balance and threatening interest and court action
10/1	Thought of the day. Why haven't they ever said sorry. We still have water leaking in to the property and they literally couldn't care less. They've not even mentioned it.
11/1	Email from Mr Bailey asking the 'issue' had been rectified and if not when would I be available to get it fixed. This confirms the left hand doesn't know what the right hand is doing and also confims their letter of the 6/1 is void as they clearly haven't supplied a satisfactory product as they are begging to fix it for me AGAIN. Note, he ignored the refund request again
12/1	Anglian are trying to hide Trustpilot negative reviews https://uk.trustpilot.com/review/www...k/transparency
12/1	I am tired of scrolling though Trustpilot's 1 Star review's for Anglian, I'm on page 50! and there's probably much much more. https://uk.trustpilot.com/review/www....co.uk?stars=1
27/1	Email from GGF saying can't help with any 'financial matter'
27/1	Referred to FHIO as all other avenues exhausted
30/01	Email to Anglian asking for losses and expenses breakdown
04/02	FHIO case created Q136717
15/02	Chased Anglian re breakdown of losses
18/02	Chased Anglian re breakdown of losses
23/02	Chased FHIO
03/03	Chased FHIO
04/03	spoke to FHIO to explain. She will get back to me
16/03	Spoke to chap at FHIO, wants final email from GGF. Email added to case file
25/03	Chased Anglian re breakdown of losses
30/03	Letter received from Anglian claiming costs for second contract we've been trying to cancel. Clearly a jerk reaction to me repeatedly asking for the breakdown of costs for 2 months. More bullying. And no mention of the door contract which implies they know they have breached this contract and they know they can't do anything with this. Which further implies we are justified to be released from the windows contract. They obviously don't care that we have a broken, leaking door with incorrect locking mechanism

[mystikmeg]

Here's a copy of their latest letter where I managed to get them to break down their 'losses' which is 30% of the total contract price, irrespective of what your contract price happens to be. Their cancellation fee is £4177.80 in my case. Over half of that is selling costs and nearly the other half is loss of profit. Neither of which I feel I should pay in view of how I've been treated.

[des8]

Have you looked at the Consumer Rights Act 2015 (http://www.legislation.gov.uk/ukpga/...ntents/enacted)

It is relatively simple to read and understand and will give you an idea of what you can do.

You should accept their offer to go ADR, as expected by the courts, but tell them that if they are intransigent and if the matter proceeds to court you will be counterclaiming full refund as you have rejected the goods which are not satisfactory, and the service was not carried out in a timely fashion nor with reasonable skill. (as per CRA 2015)
You also intend appointing other contractors to install replacement door & windows, and any increase in cost over the original price quoted by Anglia caused by Anglia's incompetence, will be charged to Anglia.

[mystikmeg]

Thanks for the help DES8. Yes I have been through the CRA 2015 in detail. My unusual predicament is that I have 2 separate contracts. The door, which I think I have them over a barrel as they've repeatedly messed up. The second contract I want to cancel in view of the disgraceful performance on the first order. They haven't technically don't anything wrong on order 2 as I've lost faith?! I already went through their ADR which was useless as they said they don't deal with financial matters, they can only push to get the work done which I DONT WANT. I'm now with FHIO who look as though they can't help either as Anglian joined Trustmark on Sept 2020 , a month AFTER we signed!

[des8]

But you were misled when signing contract 2, so Misrepresentation Act 1967 comes into play (bit tongue in cheek)

Have you examined schedule 2 of CRA2015? sec4,5 & 6 may assist

[mystikmeg]

Thanks again Des8, but how can I push for my money back? They are happy to just ignore me I think as I have no idea how to force them to return my deposit. They keep threatening court and I wish they would to be honest but I'm sure they are just trying to scare me into paying them free money. Also, is the 'loss of profit' a fair claim? I think none of it is fair as I have a genuine reason to cancel which is Misrepresentation but how do I push it and get my deposit back?

[des8]

Last letter to them then
Head it "Letter before action"

tell them they have 14 days in which to return your money for the door following your rejection as per CRA 2015
Add that they have 14 days in which to return your deposit following your rescission of the contract as per The Misrepresentation Act 1967.
Advise them that failure will leave you no option but initiate a county court claim (but only if you will follow through with the threat)