Taking developer to Small Calims for stress, inconvenience etc

Deadeye

New Member
As title, has anyone been successful?

Is it possible?

I have read and been told £250/week is possible but I've also read that £250 is the maximum in total.
 

Tony

Administrator
I think you will struggle, you need to be out of pocket and claim back the expenses. That is straightforward.
 

Fenman48

New Member
Small claims court

The great difficulty with the courts is adding up and agreeing the loss. Certainly all your letters, e mails etc add up a cost and should be logged from day one.
The question is whether a major builder would allow the thing to go through the small claims court if maximum publicity could be added. This area is getting to the stage where it would be in the interest of the accident at work lawyers to push through a test case thus gaining experience and a lead on their competition.

Step 1 is to calculate your loss. Then give it a go as cost to you is low as is the risk
 

NewHomeExpert

Well-Known Member
What you're thinming about is the Consumer Code for Home Builders which has a maximum of £250 for "inconvenience"

You can go to the Small Claims court and claim anything up to £15,000. But it will take ages and will probably be unsuccessful.
This is why we need a New Homes Ombudsman.
FREE - FAIR - FOR EVERYTHING
I have been banging on about this for three years now and the need has been recognised by some MPs.
Now we need to push it through so everyone needs to sign this petition otherwise nothing will be changed as individual MPs have zero power.
https://petition.parliament.uk/petitions/167660
 

Fenman48

New Member
Going to Court

I 100% agree with you on pushing through the petition. However Brexit proved that Parliament is slow and cumbersome with big business having more say than the individual.
We also have to face the fact that in all cases the work on these houses should have been inspected by the sub contractor, house builder and inspection body (NHBC or local authority). They are simply not doing their jobs.
We are being sold a sub-standard product and then having to fight the manufacturer to get things sorted. My own thoughts are that we need to hit them where it hurts.
Step 1 a league table of complaints in the last two years. Encourage people not to buy from builders who have the most complaints. Only buy from those in the top 5 least complaints. The builder's weakness is when they have borrowed the money to build, built the homes and then need to sell them.

Why should people keep paying for their problems of weak management and accountancy repairs. It may be time to kick the table over and give these people a taste of reverse marketing on social media.
 

Tony

Administrator
If you keep your claim to specific out of pocket expenses that the average person on the street would recognise as being reasonable then you get get your money very quickly.
 

NewHomeExpert

Well-Known Member
I 100% agree with you on pushing through the petition. However Brexit proved that Parliament is slow and cumbersome with big business having more say than the individual.
We also have to face the fact that in all cases the work on these houses should have been inspected by the sub contractor, house builder and inspection body (NHBC or local authority). They are simply not doing their jobs.
We are being sold a sub-standard product and then having to fight the manufacturer to get things sorted. My own thoughts are that we need to hit them where it hurts.
Step 1 a league table of complaints in the last two years. Encourage people not to buy from builders who have the most complaints. Only buy from those in the top 5 least complaints. The builder's weakness is when they have borrowed the money to build, built the homes and then need to sell them.

Why should people keep paying for their problems of weak management and accountancy repairs. It may be time to kick the table over and give these people a taste of reverse marketing on social media.

I agree. Government know all of this yet they do nothing!
No matter how bad a housebuilder is, people will still buy new homes from them.
Otherwise Persimmon would have improved or gone under long ago.
They are now even selling new houses as Leasehold!
Leasehold new houses - the next mis-selling scandal?
 

Dazandrew

New Member
Take development to court, you can't make a CCHBAS claim if your taking developers to court though. I'm taking Hyde/Denne contruction now owned by Bouygues to court. My problems are within first two years of ownership so the NHBC can only help a bit called arbitration. I've brought a apartment at One Hove Park in Hove, Brighton.I've been kicking up about rain noise so called in a independent surveyor that found a design fault with windows/cills and roof. Hyde decided to have a independent surveyor that found all windows/cills facing gardens haven't been installed correctly as per the building plans. I've got sound testing equipment in bedroom recording noise. If you feel you have a good argument, have suffered in anyway, take legal advice... Take them off to court and go public (papers and TV) these builders are cutting corners and we are suffering!!!
 
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