Theft!

24

Comments

  • agrinnall
    agrinnall Posts: 23,344 Forumite
    First Post Combo Breaker
    It's very rare to see a thread with theft (or scam, rip off, fraud, etc.) in the title where that is actually the case, and this is yet another example.
  • pinkshoes
    pinkshoes Posts: 20,074 Forumite
    Name Dropper First Anniversary Photogenic First Post
    You are the only person with the contract in your hands that can say what should happen in this situation.

    Upgrading the kitchen does not necessarily mean it adds value.

    Can you not get another mortgage?

    If they do resell it, then keep an eye on the price they get. If it is more than you paid, I would be asking for the refund for the kitchen.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • dazibest79
    dazibest79 Posts: 11 Forumite
    edited 31 August 2016 at 8:52AM
    The kitchen hasn't even been installed yet. The house isn't even fully built either! its half a shell at the moment. The theft title was a bit tongue in cheek to be honest. I will keep an eye on the sale price and maybe pursue it from there. In terms of the mortgage RSC were told on two occasions from the finance director of Precise that we could have the mortgage but he apparently had relayed false information to RSC. Therefore I pursued the purchase of the kitchen from Persimmon based on this info as I had no other reason to believe that I wasn't going to get the mortgage at that point but at the point of signing for the kitchen Persimmon were aware that we still hadn't secured the mortgage. I suppose it was a risk on my part but I don't feel its fair that I am out of pocket here.
  • Fat_Walt
    Fat_Walt Posts: 750 Forumite
    dazibest79 wrote: »
    The kitchen hasn't even been installed yet. The house isn't even fully built either! its half a shell at the moment.

    The kitchen may have already been ordered, when was your estimated completion date?
  • daytona0 wrote: »

    2. IF (and there is an argument that the price will go down!) the price goes up and Persimmon sell it for MORE than they would have to OP, surely they have to reimburse OP some money (where the difference exceeds their losses)? Because they would have profited twice-fold from the sale (more money and a free upgraded kitchen). Surely OP can take Persimmon to court for the difference between sale price and original price, minus Persimmon's consequential losses?

    This would be impossible to quantify unless the eventual purchase paid the full asking price for the house, plus the price of the kitchen. I would have thought this was very unlikely. Someone might make an offer closer to the asking price based on the kitchen, but how would you prove or measure that?
  • pinkshoes
    pinkshoes Posts: 20,074 Forumite
    Name Dropper First Anniversary Photogenic First Post
    dazibest79 wrote: »
    The kitchen hasn't even been installed yet. The house isn't even fully built either! its half a shell at the moment. The theft title was a bit tongue in cheek to be honest. I will keep an eye on the sale price and maybe pursue it from there. In terms of the mortgage RSC were told on two occasions from the finance director of Precise that we could have the mortgage but he apparently had relayed false information to RSC. Therefore I pursued the purchase of the kitchen from Persimmon based on this info as I had no other reason to believe that I wasn't going to get the mortgage at that point but at the point of signing for the kitchen Persimmon were aware that we still hadn't secured the mortgage. I suppose it was a risk on my part but I don't feel its fair that I am out of pocket here.

    If it has not been installed, I would be asking for the receipt of the order and at what stage the order is at e.g. Have the items even been collected yet?

    Developers usually have an account with a kitchen supplier, so orders can (usually) easily be changed so it smells a little fishy to me...

    Again, why can you not get a mortgage with a different company? Have you seen a mortgage broker? Who put you in touch with this current mortgage company?
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • There was an issue with my credit file. Its a bit of a long complicated story to be honest but I'll try and explain. I was well aware of my credit file and told the broker at RSC of the situation and that we may need to pursue a mortgage from a lender that deals with people with bad credit. He suggested we use Precise as that was the lender they dealt with in cases like this. 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. The broker was made aware of this and said that as long as the payment plan was 3 years old it shouldn't be a problem. He looked through our credit file and said to me he couldn't see a reason why we wouldn't be accepted. We could afford the mortgage and had more than the deposit required for a new build which we were willing to put down. We were originally told by Precise that we couldn't have the mortgage due to the payment not quite being 3 years old but instead of leaving at that they then advised RSC for us to re submit on the 1st of July which would make the payment over 3 years which we did as we were going on the advice of so called experts. It then turns out that the person (the finance director) who advised RSC to do this had given them false information and that we shouldn't have even been considered for a mortgage right at the very start. If we had been given the correct information from the start we would never have pursued the Mortgage, the house or the kitchen. I am not a mortgage broker or a financial advisor and I was relying on professional people who do this for a living to advise me on the best way to go about this which they failed at miserably. I have lodged a complaint with Precise through RSC but I'm not sure what else I can do. I also asked RSC to speak with Persimmon to explain the situation but this seems to have not been listened to by persimmon. I am at a loss as to why I have been left in the sh*t here whilst these three companies get away with messing me around and wasting my time and my hard earned money. As for getting a mortgage with a different company it was too late as we were due to exchange this month also I was told by RSC that I cant even begin to look at pursuing a mortgage until September next year and it could take up to 3 years until my file has updated. If I hadn't followed up on any of this after being told no I wouldn't have even known that any of this had even happened.
  • Le_Kirk
    Le_Kirk Posts: 22,283 Forumite
    First Anniversary First Post Photogenic Name Dropper
    Have you actually exchanged contracts and paid out any money on the purchase except your deposit? If not, it is hard to see how you could have "lost" the £1,275.
  • Le_Kirk wrote: »
    Have you actually exchanged contracts and paid out any money on the purchase except your deposit? If not, it is hard to see how you could have "lost" the £1,275.

    I'm not quite sure what you mean by this. I have paid out £500 to secure the house so that nobody else could pursue it which I will only get £250 back and I have paid £1275 for the upgraded kitchen which hasn't even been installed in the house yet as the house isn't no where near finished. How have I not "lost" any money here? I am out of pocket with nothing to show for it.
  • Fat_Walt wrote: »
    You're the one who's not completing the contract, why should you get out of it without any penalties? Surely this was covered in your contract.
    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!
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