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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 23757
Experience:  Senior Partner at Berkson Wallace
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Taking the developers to court

Customer Question

Taking the developers to court
Submitted: 16 days ago.
Category: Law
Customer: replied 16 days ago.
Hi There,
I’m planning on taking my housing developer to court as I purchased a new build property and they aren’t coming to fix the problems. My question is what do I ask for in an application? Can I ask for this?
I have been very patient with the housing developer but they do not work with me. I ask the court to make an order for £5000 compensation made payable to me, if the work outstanding is not completed by 31st July 2021. If they have failed to compete then I will come back to the court for the order to be enforced.Or can you tell me how I put it in words to ask for a resolution?Also which form do I need and who do I make the claim to
Expert:  Virtual-mod replied 15 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Expert:  Stuart J replied 15 days ago.

Customer Services have asked me to look at this for you.

It’s actually a very common question because developers are very good at taking money off you when you want to buy a property but not so good at fixing it once you have moved in.

I don’t know how far you have got and what it would cost to fix the problems but you need to put everything in writing.

You need to give them a reasonable time to come up with a proposal and a reasonable time thereafter to fix the problems.

What you don’t want to do is wait until the end of July because that’s almost 2 months away.

So my suggestion would be to put in writing to them exactly what the list of faults are and that you want a firm proposal from them no later than 4 PM on Friday, 18 June 2021 to complete the work by no later than 31 July failing which you will issue court proceedings against them without further notice.

That way, if they don’t come up with a proposal in within the next fortnight, you are not waiting another six weeks but it does give them some time to get the work done.

Meanwhile, you need to get quotations (not estimates) for sorting all the work out so you know exactly how much you are going to take them to court for.

The new Moneyclaim beta system is easy to use: https://www.gov.uk/make-money-claim

the new system is much better than the old government Gateway system.

You can prepare the proceedings now, at your leisure, save them, and then just pay the fee and press the button when the deadline in your letter before action, expires.

It's then just a case of following the court process and responding to any emails that you receive.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Customer: replied 15 days ago.
I have given them several warnings and I have them 14 days to contact me in December to resolve the issues and they didn’t. I then gave them a further 21 days in January and they didn’t reply. I had to warn them with legal action in March and they made appointments to come and do the work and the workers didn’t turn up. Since then I have been making threats of legal action and they don’t care. I now received a letter from them saying they want a copy of the application I made to court and I don’t want to tell them that I was just making empty threats so I will submit a form to the money claims but needed to know if I can write that in the money claims court asking them if they can action it for compensation if there’s so resolution by 31st July
Expert:  Stuart J replied 15 days ago.

Everything that you have done in writing along with telling them that if they don’t do it you are going to take them to court, I don’t know why you want to wait till the end of July.

I would be inclined to write back to them and tell them that you have now taken legal advice and that your offer to wait until 31 July has been withdrawn and that you now require a firm proposal by the end of next week failing which we will issue court proceedings without further notice.  However you do need to list everything that is wrong and how much you are claiming in respect of each.

Customer: replied 15 days ago.
I was trying to give them plenty of notice but I will take on board what you said and actually give them until 18th June and list everything that needs doing. It’s just they don’t take any notice of letters and it’s only when I said I made an application to court that they responded so I want something there to push them to complete all the work. So I may fill out a moneyclaims form anyway and give the deadline for June and that may make them quickly come and do the work as I’m fed up with them
Expert:  Stuart J replied 15 days ago.

In view of how long you have been communicating with them, I think a couple of weeks is now perfectly reasonable.  You may finally change their attitude once court proceedings land on the doormat.  Just make sure that you get a complete breakdown of exactly what it’s going to cost to put everything right.