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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 15853
Experience:  Solicitor
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We bought a new build house 6 years ago and there is a fault

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Hello, we bought a new build house 6 years ago and there is a fault with the bay window
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: We went through NHBC and they've done a report saying there is a fault with the tiles over the bay window but as it's not going to cost their minimum claim value of £1500 they advised go back to house builder
JA: Where is the house located?
Customer: Chorley in Lancashire
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Yes, we have gone back to the house builder (Morris Homes) and they say they won't do anything & that we would have to approach our home insurance company

Hello my name is Jamie and I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

Do the NHBC terms say it has to be £1500?

Customer: replied 15 days ago.
Yes, and the schedule of works falls below that amount Jamie
Customer: replied 15 days ago.
No, an email is fine

Ok - then you need to sue the builder

You need to write a letter, set out your losses and request a refund within 30 days or say you will go to Court. This is called a pre-action protocol letter of claim. You should make sure you send this signed delivery and keep a copy. You must give 30 days warning before going to Court.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7 and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value, you would need representation for trial.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. I am not paid for my time unless you rate. If you need anything further I am available for a follow up at no extra cost.

Jamie-Law and other Property Law Specialists are ready to help you
Customer: replied 15 days ago.
Thanks Jamie, much appreciated. Will rate you yes :-)

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