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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8445
Experience:  I have been practising for 30 years.
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I purchased a new-build property from Wimpey in May 2015,

Resolved Question:

I purchased a new-build property from Taylor Wimpey in May 2015, contracts were exchanged in July 2015 and I moved in mid-Aug 2015 - I wanted to know what my legal rights were with regards ***** ***** Customer Service I have experienced.
The issues I have with Taylor Wimpey include:
- I still have items raised on the 7-day visit outstanding
- I still have items raised on the 28-day visit outstanding
- water has been escaping from the integrated washing machine since Day 1, TW blamed Electrolux, Electrolux visited and proved it was the TW plumbers at fault
- linked to above, I have damp / mould in the kitchen and the remedial action of TW is incompetent
- still finding new issues (i.e. bath is not sealed correctly, paint on light fittings)
I have received numerous communications from TW that contradict my property (i.e. incorrectly quoted my property type) and I have no confidence in their capability or competence to resolve my issues. I am loathe to call them liars, but they are not stating any truths in some of the communications I receive.
Is it worth me commencing legal proceedings or do I just have to put up with the poor workmanship / Customer Service?
Submitted: 4 months ago.
Category: Law
Expert:  F E Smith replied 4 months ago.

Approximately how much would it cost to have all these things put right by someone else?

Customer: replied 4 months ago.
Unsure due to the number of outstanding issues; also require Taylor Wimpey to confirm what the remedial action is on some of the bigger items.i.e. the water escaping from the washing machine in the kitchen resulted in water damage to:
- wall (i.e. mould / damp)
- skirting board (mould / damp)
- kitchen door frame (damp)
- support arms for kitchen cupboards
- kitchen lino
- carpet in hallway (water spread under the lino in to hall)I spoke to an independant plumber and they said the kitchen would have to be ripped out to ensure all damp / mould on the wall / skirting boards behind the washing machine was removed but have had no correspondence from TW regards ***** ***** plan-of-action is.
Customer: replied 4 months ago.
Relating to "I am loathe to call them liars, but they are not stating any truths in some of the communications I receive" I received an email today relating to a different problem in which Taylor Wimpey state:
The electricians did indeed attend your property on Tuesday 14th June, along with the site manager.
I apologise that I did not send you an update, but having spoken to the electrician, he informed me that he had given you an update on the work done.
Just to confirm, because your garage is situated underneath the coach house, there will not be power in there as it is a fire hazard to the property above. This should have been explained to you when you reserved your house.
-------I am surprised with this response from Taylor Wimpey because:
1. the electrician did not speak to me or leave a note at my house
2. my garage is not under a coach house, it is separate to any other dwelling and the only building it is joined to is next doors garage - i.e. there is no coach house above it
3. the site manager was there and still did not identify the correct garage
Expert:  F E Smith replied 4 months ago.

You do not have to put up with incompetence and poor workmanship.

It sounds as though you got someone else’s reply. I don’t know whether that was supposed to be power in the garage but the reason they are alleging appears to be spurious. I’m not a building regulations expert but cannot believe that there is a regulation which says that you can’t have power in the garage there is a room above.

Builders lose interest as soon as the house has been sold and completed. It’s a common source of complaint. The company are in breach of the provisions of the Sale of Goods Act. For the purposes of the Act the house is goods. The house is fit for purpose in that it is a house but it is not of satisfactory quality. The Act applies in all transactions completing before first of October 2015 when the Consumer Rights Act 2015 came into force which replaced the earlier act and other pieces of similar legislation.

They have failed to put all this right within a reasonable period of time and after almost 12 months, it seems that they are unlikely to be able to find a credible excuse.

It would be better if your solicitor wrote to them although there is no legal reason why you should not write personally. Get a quotation for putting the work right. Then tell the company that they have 21 days to put everything right to your satisfaction failing which you will get the work done yourself and sue them in the Small Claims Court (assuming the amount is under £10,000) to recover those costs. Work out what the 21 day period is and give them a date deadline in that way, there is no dispute over when the deadline expires.

Can I clarify anything for you?

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Best wishes.


F E Smith, Advocate
Category: Law
Satisfied Customers: 8445
Experience: I have been practising for 30 years.
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