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    • Hollydog01
    • By Hollydog01 21st Dec 17, 9:21 PM
    • 17Posts
    • 4Thanks
    Builder deviating from plan
    • #1
    • 21st Dec 17, 9:21 PM
    Builder deviating from plan 21st Dec 17 at 9:21 PM
    Evening all, my first post . If anyone could offer advice on the following that would be great.
    I have bought new build which is off plan. Iíve had one or two issues with the builder but now Iíve found out that they have started putting up cheap fencing to the boundary when clearly on the plans it states a wall. I am not sure how to approach this and can they do this without informing me first? I exchanged a few weeks ago and paid a desposit. I have a feeling the builder is starting to cut corners and save pennies where he can. I picked a corner plot for privacy so the wall was a big buying feature for me and the path outside will be used as a thoroughfare so will have plenty of footfall. I think heíll just start to bamboozle with techno jargon. My solicitor isnít great as they donít answer emails or return calls. Feeling a bit lost with it all.

    Many thanks and merry crimbo
Page 3
    • Hollydog01
    • By Hollydog01 4th Jan 18, 5:47 PM
    • 17 Posts
    • 4 Thanks
    Iím embarrassed to say that I cannot get hold of my solicitor at all despite leaving numerous messages and emails. I have asked to see someone but they donít reply. I sent an email saying Iím paying for a service and require legal advice. Absolutely nothing in reply. Feel like Iím on my own tbh.

    I feel like taking legal action against my solicitor
    • AdrianC
    • By AdrianC 4th Jan 18, 5:49 PM
    • 16,913 Posts
    • 15,210 Thanks
    This is the builders reply when I asked about wall change to a fence.

    ďHappy to meet and discuss the rationale behind the boundary treatments to Plot 1 which will accord with those used and adopted throughout the scheme and in accordance with the show houseĒ
    Originally posted by Hollydog01
    So they're happy to explain the reasons face-to-face. They're also saying this isn't just your plot, it's the entire development - including the show house... Is it?
    • pinklady21
    • By pinklady21 4th Jan 18, 5:54 PM
    • 486 Posts
    • 333 Thanks
    If you cannot get your solicitor to respond to you, send them an email stating that unless someone calls you without delay, you wish to raise a formal complaint. Ask for a copy of their complaints procedure. That might at least get them to call you!
    BTW I have never had a problem getting advice from my solicitor - I use a small High Street firm who are absolutely fine. Are you using a "national conveyancer" type outfit?
    • Hollydog01
    • By Hollydog01 4th Jan 18, 6:21 PM
    • 17 Posts
    • 4 Thanks
    I!!!8217;ve just emailed the director of the solicitor I!!!8217;m using asking to speak to someone. Hopefully this will do the trick. As I!!!8217;m speaking to the builder Sat I want to know what my legal rights are. Not looking fwd to that discussion I have to say. My stomach is churning....
    • Aspiration
    • By Aspiration 6th Jan 18, 10:58 AM
    • 157 Posts
    • 47 Thanks
    Just wanted to say Good Luck for today and hope it all goes well with the builders
    Barclaycard - £11,600 £12,350
    Lloyds - £8750 now £7885
    Barc Plat - £7258 now £6400
    Santander - £2928 £0
    Debt figure - £30,536 £26,635 Start date 12/10/2015, DF Tgt 01/06/2018
    Loan £25,000 now £4600 - Refinanced car/Prop work - £17,650 - 01/09/17 - £16,050
    • Hollydog01
    • By Hollydog01 6th Jan 18, 4:18 PM
    • 17 Posts
    • 4 Thanks
    Thanks for all the support. Quick update.

    Had a bit of a blow yesterday. Met with my solicitor, they indicated the builder has unlikely to have breached the contract, she did say however they are stretching the contract to the limit. She did say that they have possibly breached over not the informing me regarding changes to boundary but if I wanted to take that point further it will have to be via litigation and the costs are high, so she said it maybe cheaper to build the wall myself!!!!

    The only likely course open to me is through planning breach. The builder is pushing for completion end Jan. IF they have breached planning and I complete then I would then be responsible as the law says whoever owns the land rather than who was responsible. What a nightmare this as the contract says I will have 10 days to complete or I breach the contract. I doubt wether any investigation by the local Authority would be finished in time. This is dreadful, if I knew then what I know now.......

    Seeing the buildert tomorrow
    • Lucky Duck
    • By Lucky Duck 6th Jan 18, 6:13 PM
    • 163 Posts
    • 89 Thanks
    Lucky Duck
    What does the contract say about rejecting the notice to complete?

    The builder's of my current home built the garden wall in the wrong place (by about a meter) we weren't able to agree on a suitable 'allowance' so they had to demolish it and start again.
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