Theft!

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13

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  • Fat_Walt
    Fat_Walt Posts: 750 Forumite
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    dazibest79 wrote: »
    But this is through no fault of my own. This is my point. If I hadn't been messed around by Precise and RSC and given false information I would be moving into my dream home anytime soon. Why am I at fault here? I was going along with advice from experts! I didn't pull out at the last minute I had every intention of purchasing the house and the kitchen. I was told I could get a mortgage more than once then at the very last minute was told no from Precise even though their Director of finance had already said we could re submit based on false information. Why aren't they held to blame? Why is it alway the little man that has to foot the bill? Why do they have the right to keep my money? Why is this even a legal possibility? They are still going to sell that house for £236,000 with an upgraded kitchen they are in no way going to suffer from me not getting my mortgage. I'm the only one here who loses!

    Who's fault is it you can't get a mortgage?

    You agreed to buy a house without the funds secured.

    You chose the upgrade on the kitchen.

    You failed the credit check.

    You pulled out of the deal.

    It's not Persimmons fault, the blame lies with you.
  • Alice_Walker
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    Can we be clear that you have not exchanged contracts yet, is that correct?

    At what point was the build at when you withdrew, did you have a move in date?

    I don't think this is as clearcut as others are stating, it depends on how much work the builder has done and their costs incurred. This post would be a good starting point for you.
  • dazibest79
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    Fat_Walt wrote: »
    Who's fault is it you can't get a mortgage?

    You agreed to buy a house without the funds secured.

    You chose the upgrade on the kitchen.

    You failed the credit check.

    You pulled out of the deal.

    It's not Persimmons fault, the blame lies with you.

    Cheers for that useless bit of information! Does the blame not lie with the useless !!!!! at Precise? or the useless !!!!! at RSC? No just me. It may be "my fault" I cant get a mortgage which is all well and good and if the people at both RSC and Precise had said this at the very beginning and not 5 months down the line I wouldn't have even bothered. It was the fact I was told that I wouldn't have any problems to start with that it even got to this situation. I chose the upgrade on the kitchen due to the fact that we were told we could have the mortgage I used people that were recommended to us by Persimmon to make the process run smoothly. Maybe Persimmon aren't to blame but the people who double checked our credit file and said everything looked fine after being given all the information and the people that advised us to pursue a mortgage from Precise maybe they are to be held just a tiny bit responsible? And Precise themselves who's Director of Finance doesn't even know how his own business works! I didn't pull out! I didn't wake up one morning and think !!!! it I don't want this house anymore. I had every intention of seeing this through right to the very end.
  • photome
    photome Posts: 16,362 Forumite
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    dazibest79 wrote: »
    Cheers for that useless bit of information! Does the blame not lie with the useless !!!!! at Precise? or the useless !!!!! at RSC? No just me. It may be "my fault" I cant get a mortgage which is all well and good and if the people at both RSC and Precise had said this at the very beginning and not 5 months down the line I wouldn't have even bothered. It was the fact I was told that I wouldn't have any problems to start with that it even got to this situation. I chose the upgrade on the kitchen due to the fact that we were told we could have the mortgage I used people that were recommended to us by Persimmon to make the process run smoothly. Maybe Persimmon aren't to blame but the people who double checked our credit file and said everything looked fine after being given all the information and the people that advised us to pursue a mortgage from Precise maybe they are to be held just a tiny bit responsible? And Precise themselves who's Director of Finance doesn't even know how his own business works! I didn't pull out! I didn't wake up one morning and think !!!! it I don't want this house anymore. I had every intention of seeing this through right to the very end.

    I get all of that and you may feel like blaming Precise and RSC but Persimmon have a contract with you. the fault doesnt lie with Persimmon but you are accusing them of theft

    as pointed out by a few others there may be other avenues to explore
  • dazibest79
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    Alice_Walker
    We had potential move in date of August/November nothing concrete. The house at this stage is a lower ground shell. No where near finishing touches being installed it doesn't even have an upstairs yet.
  • dazibest79
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    Fat_Walt wrote: »
    Why did your application fail?
    If it was as black and white as you are making out I would 100% accept it but I was advised to pursue a mortgage that they should have know I couldn't get. If I had applied and not given the information to them and kept it a secret I would be 100% in the wrong but I didn't I laid it all out on the table and was still told I could have a mortgage or that it shouldn't be a problem getting one. We even used a company that dealt with people with poor credit. What more do I have to do. We simply enquired if it would be possible given our credit file and we were to YES! If an expert in their field tells you yes then you tend to believe them. Don't you?
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
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    dazibest79 wrote: »
    There was an issue with my credit file.. The reason for the defaults was I was made redundant and couldn't keep up with payments on a loan as well as pay for my mortgage so I set up a payment plan with the loan company.
    dazibest79 wrote: »
    We even used a company that dealt with people with poor credit. What more do I have to do. We simply enquired if it would be possible given our credit file and we were to YES! If an expert in their field tells you yes then you tend to believe them. Don't you?
    There is "poor credit"(history) and then there are defaults.

    Did you actually end up paying off all the debt you owed or was interest and/or other monies written off as part of your payment plan?
    If the latter is the case, I'd be surprised if you get a mortgage from anyone other than lenders who offer punitive interest rates.

    In your situation, you might be better off posting on the Bankruptcy board
    http://forums.moneysavingexpert.com/forumdisplay.php?f=159

    While not bankrupt yourself, posters over there may have had similar experiences and be willing to share how they overcame the resultant problems.
  • naedanger
    naedanger Posts: 3,102 Forumite
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    dazibest79 wrote: »
    We had potential move in date of August/November nothing concrete. The house at this stage is a lower ground shell. No where near finishing touches being installed it doesn't even have an upstairs yet.

    So if they have not started on installing the upgraded kitchen then I would ask them why they are deducting £1275 if that amount has not yet been spent.

    I also suggest you take a copy of all the paperwork to Citizen's Advice and ask for their view on the matter. (I am not sure if they will help but it seems to me to be at least worth asking them.)
  • dazibest79
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    They said that they have already ordered the kitchen. Surely they can return said kitchen or fit it in another of their hundreds of houses. The only reason I can see as to why they are keeping the kitchen and my money is that it adds value to the house and makes it more desirable for the next buyer.
  • naedanger
    naedanger Posts: 3,102 Forumite
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    dazibest79 wrote: »
    They said that they have already ordered the kitchen. Surely they can return said kitchen or fit it in another of their hundreds of houses. The only reason I can see as to why they are keeping the kitchen and my money is that it adds value to the house and makes it more desirable for the next buyer.
    I would ask them to answer in writing two points:
    1) Are they unable to cancel their order, or change it back to their own specification, without losing the £1275?
    2) Is the kitchen you ordered definitely going to be installed in the house you reserved?
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