Taking builder to small claims court, can it be done?

[musthavebeenmad]

Hi,

We are 3 years into a nightmare with a certain large home builder and have major problems, which continue to this day. I must have taken dozens of days off work to let workmen in and out of the house.

On occasion, they have even broken things while trying to fix things. It is a catalogue of disaster, and has caused the family huge stress. But the attitude seems to be, we're fixing it, so that's OK.

Has anyone tried legal remedies? I believe I can show a consistent pattern of incompetence, indifference and poor customer service.

Would a small claims court be the right place to go?

I'd love to hear if anyone has tried this, and what was the result.

John

 

[admin]

Hi John,

Yes it can. The limit is £10k. You will need to firm things up a bit, so I'd create snagging list of the agreed outstanding items and get a few quotes to have these rectified. Then give them a reasonable deadline to resolve the items on the list stating that 'time is of the essence' as the problems have been going on for three years. Two to four weeks. State that if the problems are not addressed within this time period you will be taking them to the Small Claims Court - The Small Claims Court Guide | Consumer Information for the costs of rectifying the issues.

HTH

Tony

 

[musthavebeenmad]

Ah, but that's the problem, there's nothing they are not fixing.

It's the fact that 3 years in, they are still fixing. Multiple attempts to fix things, breaking things when they come in to fix things, which requires them to come back and put right what they put wrong. The stress and misery for myself and my family, the time taken off work, which must amount to weeks worth now. The list of complaints runs to 8 pages now, and given something I learnt today, is likely to grow again.

I appreciate the problem is that most of the above are intangibles, and so impossible to put a value on. But this is where they get away with it. They seem completely indifferent to the problems they cause for people alongside the physical defects we have to live with.

 

[NewHomeExpert]

First of all you really should mention the "certain large house builder" so others can be warned off and not suffer as you have done.
If builders who build such poor new homes do not get any adverse publicity, what incentive have they to do anything to change things?

As you are now at 3 years, you cannot use the Cosnumer Code for Home Builders Adjudication Scheme.
This would have been a low cost (£1200 and fast (8 weeks) route for you to seek compensation.

After three years, your best outcome would be for your home to be rectified to your satisfaction.
You could take the house builder to court, but it will take time and whilst the small claims court is relatively inexpensive, there are certain limits.

If you go to court it is compensation you require for the stress and inconvenience, irrespective of works done or being done.

Be sure to make a formal Subject Access Request to your house builder for all the information they have in your plot file before starting any legal proceedings.

 

[musthavebeenmad]

Fair point, it's Barratt. One of these days, when the dust has settled so to speak, I will post in detail on this forum what happened over the last 3 years as I do want to share our experiences and help others avoid the same problems.

And thank you for the advice, it would certainly be interesting to see what has been said by them.

 

[Cmoo]

Oh dear, i'm sorry you've had a such a nightmare experience I've just reserved a home with Barratt so that's worrying Can I ask whereabouts in the country you are?

 

[NewHomeExpert]

Providing you make sure Barratt staff at the development know that you are expecting a top quality new home and will write to Mark Clare Barratt CEO mark.clare@barrattplc.co.uk if you are in any way dissatisfied with it then you should be alright.
"The squeaky wheel gets the oil"

Always get the new home professionally inspected fro snags and defects before you legally complete the purchase and move in and NEVER buy a new home due to be finished anywhere near the housebuilders financial year end (or half year) date.

You may like to check these sites out:
Barratt do not care
honeybadgerblog
Feels like we have been deliberately misled

 

[Cmoo]

Hi NHE,

Thanks for the advice. I already mentioned my plans in my other thread but to recap I advised them very early on i would be getting the place professionally snagged and i'll remind them of that nearer the time. I also went to have a chat with some people who've already bought on the estate who are happy overall but confirm Barratt are a bit slow in correcting snags. I have requested my solicitor but in a clause that completion is subject to the correction of snags. I also got a look at the plans the other day and surprisingly they were totally fine with my taking photos of them so i at least have a record.

 

[NewHomeExpert]

Glad to be of help.
It is good to be cautious and informed.
After you have moved in many find it is too late, that's when the hell starts.
You have given yourself the best possible chance of a good new home.

 

[Karepurt]

Hi. We are in the middle of taking a large builder to small claims. We have the hearing next month and this has also been going on for 3 years :-(. We have Nhbc involved and its been a complete nightmare with both of these companies. We are claiming compensation. It's a horrible situation and makes me feel sick to my stomach but the way we have been treated is dreadful and now feel like they shouldn't be allowed to treat people that have made a huge purchase from them like this. I do hope you get it sorted ;-). As my husband says. Be positive and positive things will happen. K

 

[NewHomeExpert]

Who is the builder?
You should be warning others that they cause so much distress and problems that for you the only solution in the end was to take them to court!
Good luck with your case, come back and let the forum know how you got on.

 

[Karepurt]

Court action

Hi John.

Just following up from my last post

We had a preliminary hearing a few weeks ago. It didn't go well, apparently 3 years of hell isn't enough to make a claim ! The judge gave directions. To either settle out of court and he specifically told the other party to 'do something to keep their good name'. Go to mediation should that fail or it goes to a full hearing. A week later on Friday, we received an email from their solicitor stating that they knew we hadn't got a good case. If we didn't withdraw the claim and we lose they will submit to the court for US to pay their 'substantial fees' which will obviously be in the thousands. We have paid out £900 to a surveyor and If we pull out will lose that. If you do decide to go ahead please get legal advice first. I am seeing a solicitor tomorrow and getting them to look through it, they have suggested about getting publicity for this case. So will wait to see what happens. All the best K

 

[NewHomeExpert]

Who is JOHN?
You still havent said who the builder is?
Does any house builder have a "good name"? If the judge is saying this it does appear to indicate some bias towards the house builder.
He also seems to be warning the builder to make you an offer or else it is going all the way.
You don't need to pay any of the other sides legal fees using the Small Claims Court track. You can claim up to £10,000 using Small Claims.

The builder's solicitor is hardly going to tell you you have a good case is he?
My guess is he is trying to frighten you off and bluffing before you get an offer to settle.
Any publicity you can get now will increase the likelihood of an out of court settlement and the amount they offer.
Once in a court it is public.
You can use their e mail if it goes to a full hearing. The judge would take a dim view of a big company bullying a claimant.
£900 for a surveyor seems excessive. Was his report worth it? Will it help your case

Good luck with it.
Unless you NAME THE BUILDER, I will not be giving you any more advice or support.