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compensation from developer
- Thread starter horatio
- Start date
NewHomeExpert
Well-Known Member
Most house builders have a No Compensation “policy” This does not mean compensation is never paid. As with any claim for compensation, it can be a long drawn out process and only the determined succeed. In general if a company has not settled after two years they never will. Most people give up long before this.
You must always be seen to be reasonable. First of all write to the house builder, outlining what has gone wrong, what they have done wrong or failed to do at all, the time scales, your suffering etc etc.
Inform them that you feel justified in claiming financial compensation from them. Have an idea of the level you would be happy with, however, don’t expect more than £5,000. A house builder may offer to buy the house back from you.
If they don’t reply or decline, then you need to give them another chance, but this time inform them they have 14 days to respond favourably otherwise you will place the matter in the hands of your solicitor and let the County Court decide in a very public court case!
If this letter doesn’t work you will need to go down the legal route.
Your solicitor will then be able to give you advice based on your personal case.
Legal action against a house builder would be to sue for negligence, if you have suffered hardship, and can show or prove this.
To succeed three boxes need to be ticked:
First: the house builder must have a “duty of care” presumably to build your new home tio a reasonable standard.
Second: he must have breached that duty of care perhaps by building a new home with so many preventable faults.
Third: you must have suffered harm as a result. This could be through injury either physical or mental, nuisance or financial loss etc.
Good luck with this. Don’t forget you should be dealing with Barratt Developments as they now own David Wilson Homes.
You must always be seen to be reasonable. First of all write to the house builder, outlining what has gone wrong, what they have done wrong or failed to do at all, the time scales, your suffering etc etc.
Inform them that you feel justified in claiming financial compensation from them. Have an idea of the level you would be happy with, however, don’t expect more than £5,000. A house builder may offer to buy the house back from you.
If they don’t reply or decline, then you need to give them another chance, but this time inform them they have 14 days to respond favourably otherwise you will place the matter in the hands of your solicitor and let the County Court decide in a very public court case!
If this letter doesn’t work you will need to go down the legal route.
Your solicitor will then be able to give you advice based on your personal case.
Legal action against a house builder would be to sue for negligence, if you have suffered hardship, and can show or prove this.
To succeed three boxes need to be ticked:
First: the house builder must have a “duty of care” presumably to build your new home tio a reasonable standard.
Second: he must have breached that duty of care perhaps by building a new home with so many preventable faults.
Third: you must have suffered harm as a result. This could be through injury either physical or mental, nuisance or financial loss etc.
Good luck with this. Don’t forget you should be dealing with Barratt Developments as they now own David Wilson Homes.
commpensation from developer
Thanks for the reply, the next step is to send a letter to the head office but I do not know where this is. I have asked a DWH to supply the address but have had no response.
I will contact my solicitor as I have already made him aware of our situation. I was advised to go through the NHBC but this is not the route for compensation.
I have also registered two complaints on the online complaints form where they should reply in three days and send a letter of works by day 15, this has not happened.
Thanks for the reply, the next step is to send a letter to the head office but I do not know where this is. I have asked a DWH to supply the address but have had no response.
I will contact my solicitor as I have already made him aware of our situation. I was advised to go through the NHBC but this is not the route for compensation.
I have also registered two complaints on the online complaints form where they should reply in three days and send a letter of works by day 15, this has not happened.
NewHomeExpert
Well-Known Member
David Wilson Homes os part of Barratt developments:
Corporate Office:
Barratt Developments PLC
Kent House
1st Floor
14-17 Market Place
London W1W 8A
Head Office:
Barratt Developments PLC
Barratt House
Cartwright Way
Forest Business Park
Bardon Hill
Coalville
Leicestershire LE67 1UF
You should only write to the Bob Lawson (Group Chairman) or Mark Clare (CEO) after you have exhausted all possibilities with the MD of their regional office.
You can find all the regional office addresses and template letters on my website.
Any level of compensation can only be addressed once all the remedial works are completed and the full extent of your suffering can be quantified.
You will need to be patient. Good luck.
Corporate Office:
Barratt Developments PLC
Kent House
1st Floor
14-17 Market Place
London W1W 8A
Head Office:
Barratt Developments PLC
Barratt House
Cartwright Way
Forest Business Park
Bardon Hill
Coalville
Leicestershire LE67 1UF
You should only write to the Bob Lawson (Group Chairman) or Mark Clare (CEO) after you have exhausted all possibilities with the MD of their regional office.
You can find all the regional office addresses and template letters on my website.
Any level of compensation can only be addressed once all the remedial works are completed and the full extent of your suffering can be quantified.
You will need to be patient. Good luck.
NewHomeExpert
Well-Known Member
No problem.
The major housebuilders make very large profits.
Most of them managed to increase their operational profits by around 35 to 80% in the latest reports.
It is about time they were forced to build better new homes and properly compensate customers who have suffered due to the poor quality, defect ridden homes they build.
Good luck with your claim and let us all know how you get on.
The major housebuilders make very large profits.
Most of them managed to increase their operational profits by around 35 to 80% in the latest reports.
It is about time they were forced to build better new homes and properly compensate customers who have suffered due to the poor quality, defect ridden homes they build.
Good luck with your claim and let us all know how you get on.
dwhhomehell
New Member
You are not alone check out my issues here My David Wilson Home Hell | Profits First, Quality Second!
NewHomeExpert
Well-Known Member
Wow great website.
I will give you a link to it on brand new homes in a few days!
If more disgruntled buyers did this, house builders would be forced to mend their ways.
David Wilson Homes are a Barratt company.
In the past Barratt have insisted that website such as yours are removed before anything further is done.
Clearly you have many issues of dispute with your DWH.
Have you sent them the link to your website?
Have you considered using the Consumer Code for Home builders to make a claim?
Finally, be 100% sure that everything you claim on your website is ture and provable.
Barratt have very deep pockets and can afford to take legal action more than you can.
I will give you a link to it on brand new homes in a few days!
If more disgruntled buyers did this, house builders would be forced to mend their ways.
David Wilson Homes are a Barratt company.
In the past Barratt have insisted that website such as yours are removed before anything further is done.
Clearly you have many issues of dispute with your DWH.
Have you sent them the link to your website?
Have you considered using the Consumer Code for Home builders to make a claim?
Finally, be 100% sure that everything you claim on your website is ture and provable.
Barratt have very deep pockets and can afford to take legal action more than you can.
Does anyone have any details of solicitors who will act in such cases? After 18 months of a run around by Taylor Wimpey, a successful NHBC remediation, 4 weeks in alternative accommodation they still wont acknowledge our complaint about what has gone before(lies, smoke,mirrors, distress and inconvenience). I dont feel we have any choice other than seek legal advice.
Thanks
Thanks
NewHomeExpert
Well-Known Member
Does anyone have any details of solicitors who will act in such cases? After 18 months of a run around by Taylor Wimpey, a successful NHBC remediation, 4 weeks in alternative accommodation they still wont acknowledge our complaint about what has gone before(lies, smoke,mirrors, distress and inconvenience). I dont feel we have any choice other than seek legal advice.
Thanks
You do not need a solicitor.
You can make a claim using the Consumer Code for Home Builders Adjudication Scheme. Max claim £15,000 max inconvenience payment £250.
But don't hold your breath they rarely pay the full amount claimed.
You could use the Small Claims Court. Very easy and once they get your summons things will happen fast.
If you do still want a solicitor, it will need to be near where you are.
Ask at your local Citizens Advice Centre. Normally they will put you in contact with a firm that gives the first hour free.
Check your home insurance too as some policies cover legal expenses.