Ombudsman rejected S75 Claim for £12,250.What next?

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  • Manxman_in_exile
    Manxman_in_exile Posts: 8,380 Forumite
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    Moneyineptitude wrote: »

    Why are you not chasing this builder for your consequential losses?


    I was wondering about that. Is it too late now? The OP says that litigation against the original builder was settled in January 2017, but doesn't say how.
  • onyx911
    onyx911 Posts: 108 Forumite
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    I took the advice of a couple of posters to seek legal advice. What's wrong with that?
  • lovinituk
    lovinituk Posts: 5,711 Forumite
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    onyx911 wrote: »
    I took the advice of a couple of posters to seek legal advice. What's wrong with that?
    And what have they advised, out of interest?
  • onyx911
    onyx911 Posts: 108 Forumite
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    Manxman_in_exile wrote: »
    I was wondering about that. Is it too late now? The OP says that litigation against the original builder was settled in January 2017, but doesn't say how.

    Exactly that. We settled the claim before we knew about these losses. Part of the settlement agreement was not to bring further claims.
  • onyx911
    onyx911 Posts: 108 Forumite
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    lovinituk wrote: »
    And what have they advised, out of interest?

    I have sent across all the information for the direct access barrister and have a call next week. When we litigated against the building control company and builder, I found the direct access barrister far cheaper than any firm of solicitors I approached.
  • onyx911
    onyx911 Posts: 108 Forumite
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    GDB2222 wrote: »
    We obviously don't have all the details. Do please tell us what your barrister advises. However, if you originally contracted to take delivery of the units on a particular date and then changed your mind (for reasons outside your control), it's really difficult not to have sympathy with the seller. So, yes, storing the units was a perfectly feasible way to comply with your side of the contract.

    There was no date. We had just started the extension and the company said they won't place the order until we give them a completion date. We never got to that stage.
  • onyx911
    onyx911 Posts: 108 Forumite
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    powerful_Rogue wrote: »
    You find the idea of storing the kitchen comical, yet you complain that the retailer didn't do this exact thing.

    I asked why they didn't order the units being discontinued when they were aware. That was 4 units. I would have stored those if they couldn't.
  • lovinituk
    lovinituk Posts: 5,711 Forumite
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    onyx911 wrote: »
    I have sent across all the information for the direct access barrister and have a call next week. When we litigated against the building control company and builder, I found the direct access barrister far cheaper than any firm of solicitors I approached.
    So you had access to them before posting here? Still begs the question as to why bother asking a bunch of strangers here rather than going directly back to the excellent barrister again?!

    You haven't got the answers you wanted to hear here so why not leave it to the professionals?
  • Manxman_in_exile
    Manxman_in_exile Posts: 8,380 Forumite
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    onyx911 wrote: »
    Exactly that. We settled the claim before we knew about these losses. Part of the settlement agreement was not to bring further claims.


    Unless the barrister you're seeing reckons you've got a good chance then I think you're going to have to reach some sort of compromise with the kitchen supplier to provide a less than perfect (in your eyes) kitchen. Sounds like a mess. Not all messes can be resolved without some compromise.
  • onyx911
    onyx911 Posts: 108 Forumite
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    lovinituk wrote: »
    So you had access to them before posting here? Still begs the question as to why bother asking a bunch of strangers here rather than going directly back to the excellent barrister again?!

    You haven't got the answers you wanted to hear here so why not leave it to the professionals?

    Relax, I called them this morning. I've sent the info the the clerk. That's as far as I got.

    The excellent barrister is very expensive. I still don't get what is wrong with asking for advice on a forum before incurring that cost.
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