Me vs Bellway homes LTD - HELPPPPP

meliat

Hi,

I am currentley taking Bellway Homes to the small claims court and wondered if anyone could give an insight as to how the courts work?
Last year a leak caused damaged to reall wood flooring, the leak was a result of poor workmanship by Bellway.
The tap to turn turn the water off is based in the downstairs toilet, and as this happenend in the early hours of the morning the water was left to soak into the wood causing it to warp, and the only way to access the pipe was to force the door open over the warped wood, scratching the floor in the process.
We had only been in the house 7 days as this was a brand new build, and the flooring itself had only been laid the previous day.
A surveyor attendend from Bellway who assured me everything would be taken care of and to send all recepits and invoices to the customer care depart and they will reimburst the cost of the flooring.
To cut a long story story short the surveyor did not put any of this down in the report, and Bellwat made it clear they would accept no blame.
I requested a copy of the report several times only to be told this request will need to come from my solictior!!.
I took this up with the MD who sent me a letter stating he would report me to the police for fraudulant claim!!:mad: :mad:
Im have already filed my claim with the courts, they intend to defend, denying all liabilty, requesting an independant surveyor asses warping which is not there anymore as the wood has calmed, only large scratch marks are visible.(To which there letter states if a surveyor finds the floor to be warped they will accept liability, which has peeved me right off as I have had to take this problem this for them to admit liability)
Every mail & letter I have sent to them has been questioning why I was told this would be taken care by there surveyor, so I have a history of asking the same question, numerous requests to meet face to face with the surveyor.

What can I do?

hjb123

Have you the name of the person who originally told you that you would be able to get the money back?

I think that you are doing all you can do in going to the Small Claims, chances are that they might settle before you get to court - but they might not. Are you talking of quite a large amount?

meliat

Yes, I have tried constantly to speak to him, meet face to face to ask why he said this to me, its only £1000 in total, I know it sounds stupid but I really want to have my say in the small claims court more than I want the decision as this ruined the whole exepreince of me and my girlfriend buying our first house.
Bellway have intimidated me with threats of legal action, calling my bluff on legal action many times, I have had enough of the big man walking all over the little man.
It really makes me feel sick to the stomach when I think about this and the way we have been treated.

Sassers

Hiya - I hope I can help you. I am going through a court case regarding my kitchen at the moment.
I understand you have already had the surveyor round - is this the expert witness one agreed by both parties? If not, the judge will most probably direct you at the first interim hearing to do this as it's unbiased towards both parties. You could also ask - if the judge doesn't direct you - that you and Bellway share the costs of this.RIC's is the place to find one in your area.
Another thing you can do under the Data Protection Act is ask Bellway under the Freedom of Information Act for all documents relating to you. This is now stautory law under the act which came into effect Jan 2006.
I hope this helps you, worth going to the Information Commissioners website to see more.
Love
Sas x

stugib

Sassers wrote:

Another thing you can do under the Data Protection Act is ask Bellway under the Freedom of Information Act for all documents relating to you. This is now stautory law under the act which came into effect Jan 2006.

FOIA only applies to public bodies not private companies.

meliat

Hi Sas,

Thanks for your reply, the surveyor was from Bellway Homes, he visited 2 days after the leak, this is now nearly 16 months ago that it had happenened. My brother in law is a surveyor and he has told me that indeed the flooring is damaged, but knowing when or how this occured is impossible to say, the flooring damaged is in the hallway, water will always soak into the wood from rain outside to muddy shoes so this will not go in my favour.
Bellway have never admitted liability before, for them to turn around now and admit to it after after everything that has gone on, based on an independent report is astounding and in some must be illegal to do so.
The letter from the lawyer said if the flooring was "warped", they would admit liabilty, which the floor is not, I have spoke to the lawyer and he will not change the wording to "damaged", so I am declinding an indepent surveyor report, also they want me to pay half the cost towards this which is around £200, which I just dont have.
I have contacted the local press aswell who are keen on the story also, they are speaking to bellway for there side of the arguement.
I did request all documentation on me, clearly stating the data protection act, but the reply was for me to ask through my solictor.

I am really in a pickle!!

Rex_Mundi

meliat wrote:

Hi Sas,
I did request all documentation on me, clearly stating the data protection act, but the reply was for me to ask through my solictor.

Hopefully you requested this in writing and have a copy of the letter you sent them. What they've said is very wrong about this request.

If you did write asking for any details they hold you under the Data Protection Act. Write to them again (I'd send all letters recorded/registered), and remind them of their responsibility under this act, and give them seven days, or you will report them to the Information Comissioner.

Send them a letter something like this...................

I sent a letter on the [insert date of first request] requesting all the information your company holds on me as is my right under the Data Protection Act. I have been expecting copies of any information within the 40 days stipulated under the D.P.A. As yet I have not received any correspondence from you.
By not supplying the information I requested, you have breached my rights under the D.P.A. You leave me with no alternative that if I do not receive copies of any and all information you hold on me within the next seven days, I will forward copies of my requests to the Information Commissioner.

I look forward to your timely response.
...............................................................................

This is the main body of a letter I sent to one of the banks (changed a bit) when they didn't reply within 40 days (I was requesting 6 years bank statemnets). Within 2 days of sending this letter, the bank was on the phone, and the statements arrived a couple of days later.

meliat

Hi,

Thanks for your reply, I shall send a letter out immeadiatley, the request was made via mail which I have copies of, so that is probably why the fobbed me off.
I shall send a copy of the e-mail by recorded mail tomorrow.

Thanks.

meliat

Hi,

I understand your reply but if a surveyor comes round and checks to see if the floor is warped, he will report it is not, which it isnt. That is why I requested the wording be changed.

Thanks

Sassers

Hi again Meliat - might be worth going to the Registry of Businesses - they've just changed their name but are a recognised body. Can't remember their actual name of the top of my head but google it and you'll find what I mean. For £30 they will search for you to find court rulings against Bellway. I've done this with my kitchen company and included it in the court bundle. My company - a very well-known national making millions - has five CCJ's against them.
Might be worth a go, to make your case stronger.
Also if you have documentary evidence about any threat made by the Bellway MD - take it to trading standards. Also have a look to see if the firm belongs to a Housebuilders or Construction Association. Might be worth contacting them too for a response as they'd have codes of conduct.

And hoping not to sound too patronising - these companies are used to people like you and I and the threat of court. Take it in your stride in dealing with them - I treat mine very politely but think of them as professional nasty spoilt kids who weren't good enough to make the bar (and I don't mean Wetherspoons)- as these legal eagles are effectively the firms `rottweilers'. Often than not, consumer rights are stacked in favour of us and they don't like it, so they try every tactic in the book to delay, scare, fillibuster and blind you with legalese and what-have-you. They - and their surveyor - will always tell you they aren't in the wrong. I cried and cried after the court ordered the firm to visit my house as they implied I was a liar and kept sniggering.
I picked myself up, dusted myself down and got determined after that, I tell you...!
That's what the small claim court is for...to hear your side from the `little people'..
And believe me, judge's aren't stupid when it comes to sussing out company representatives who say things like `oh Miss Sassers is one of our most valued customers' the judge will see it as disrespect to his intelligence - why else bring the case?
My judge felt like this at the interim hearing and wasn't happy at all, and shut the bloke up. I could hardly contain myself from cackling out loud like an old hag.

Look, keep going with it....oh and provide all the documentary evidence you can, especially photographs.
Chin up
Love Sassers x

meliat

Thanks for all you wonderful advice Sassers,

I contacted NHBC but they could not get involved in the matter, in regards to code of conduct I am going to try and find out if there is anywhere I can report the surveyor, assuming he is registred to some working practice that his job entails.

I think is the site you are talking about?

http://www.companieshouse.gov.uk/

Also I have sent the letter stating that I have refused the independent surveyor and the reasons why will become apparent at the claims court.

I lost all photographic evidence when my laptop died which I am really gutted about.

Cheers!!!