Legal Help in taking Taylor Wimpey to Court

Gzmo · 10th August 2009, 15:56

Can anyone advise me how I can take them to court that is not going to cost me an arm and a leg - cannot do it through small claims as it is over £5000 - just keep getting fobbed off by them

Have emailed their CEO Peter Redfern but he just passed the buck to the Region MD who is no help whatsover

Thank you

marlyn1 · 11th August 2009, 13:36

I am in the process of the above. Check your house insurance for legal cover or your employer may have the same that you can utilise through a scheme.

You need to prove you have suffered a loss in order for the action to be progressed.

Its about time builders were held to account for their actions and don't be brushed off with an offer. Run with it to go to court. The last thing builders want is bad press in the media.

Its about time they delivered what they sell.

If you require any further advice i'll respond

Tony · 11th August 2009, 20:32

This might be of help - Making a Small Claim | Consumer Information

tabithatabby · 13th August 2009, 20:42

your household insurance may give you legal insurance but often it excludes building projects etc.

the cover provided is often limited to £50,000 which sounds a lot but if the other side, who clearly have much more money than you will have, decide to fight it, you may find that you end up having to settle if they string it out so long that you incurr a lot of costs.

really will depend on the nature of the dispute.

Gzmo · 14th August 2009, 18:30

I cannot do a small claim because the amount is over £5000 - I have my own company working from home so cannot claim through that and decided not to do it through home insurance as house was still under warranty.

Just spoken to their insurance again - what I should have done is keep every receipt for every item I ever purchased in case this happened - like you do!!! - because the site manager could not be bothered to go through the pile of clothing bit by bit - they are saying maybe I did not have what I have claimed for. Although my freezer/fridge holds over £300 of food and I claimed £5 they still are treating me like this is a scam

Although water was was pouring into electric sockets guess what Health & Safety don't care because you are an individual - but yet I am supposed to have written a health and safety policy to work in my own house! NHBC are worse than useless! Your house is not covered by Consumers Rights, Trading Standards etc

They just believe than get away with it - Their CEO is on over £700,000 per year but they cannot reimburse me for my losses.

Everyone of my neighbours has had a leak of at least one kind or another - 1 neighbour has been waiting for over a year to get repairs done

Buyers of Wimpey homes beware - its not the houses its the after sales service that is appalling - they have a charter but they don't fulfill it.

Solicitors were queing up with NO WIN NO FEE when I had a couple of RTA but they don't want to know

Your house is your biggest purchase - but their is no Omnibusman - shocking!

By the way just remember not to plumb your washing machine into your boiler like I did and it happily worked for nearly a year - because they won't cover that claim either.
LG thought it was hilarious as this was their excuse for one of the leaks. Of course it was actually a tap under the sink and not the above but they have stuck by this great get out clause. Unfortunately for me the last leak over rode this one.

Yes if you could tell me how you are actually taking legal action - getting bored with all the emails, non returned phone calls etc. etc.

Tony · 14th August 2009, 18:47

Hi Gzmo,

There is actually no such thing as a small claim, but anything under £5000 goes through the fast-track and is designed to require no input from lawyers. You can still start the process if it is more, or you can reduce the size of your claim.

Receipts are ideal, but anything can be used to prove ownership - bank statements, photos of the clothes being worn etc.

You are rights about New homes being excluded from most consumer legislation such as the Sale of Goods Act 1979. However, you are still protected by common law and the requirement for a "duty of care" Have a look at this post:

Help/Advice needed please.

Trading standards will assist with court paperwork I believe.

Before you do this I would write them a letter stating what you are planning to do to give them the opportunity to resolve the situation before you start proceedings.

HTH

Tony

Gzmo · 17th August 2009, 16:25

Dear Tony

Thank you for your assistance so far

Yes I am in talks with them currently - and trying to find out who the insurance company are as just dealing so I can put in a claim against them for the delays etc. through the FSA

Gzmo · 18th August 2009, 18:40

Actually if your home is a Bryant home - then check out the website
mybryanthomeiscrap.co.uk - the chap there has a solicitor that is willing to act for FREE if they can 10 or more complainants involved - he has had major issues.

Have just told another individual who is on a site in Stevenage where they have had major plumbing, and electrical faults he has several neighbours so they are going to contact the site - remember there is power in numbers.

Also Watchdog is another place to go