just lost £500 in less than 24 hours cos i am stupid

Leo2020

Just had a look on their website and it mentions nothing on there about any warranty. This is something they would display fairly prominently so combined with the fact it's not on the reservation form either would suggest that they are not registered with the NHBC, etc.

Although, in my own person experience, even if a house builder is signed up to the Consumer Code for Home Builders it has no teeth and nothing is done if a house builders breaks part of the code.

However, my understanding is that a company can keep part of a reservation fee to cover legitimate costs but as they have incurred no or little costs they would have to at the least issue a partial refund if not a full one.

Parks

i have checked on royal mail and they have received my letter asking for the money back so will give them a ring on tuesday and see what they say and if they have had a change of heart

JRW1979

I wouldn't be surprised if the sale person is blagging and has pocketed the money themselves

Keep chasing

TCPPC

is this for early bird or full reservation?

Parks

TCPPC wrote: »

is this for early bird or full reservation?

it was a single plot house and full reservation

Lily-Rose_3

Any luck Parks? Did you manage to contact anyone today?

Parks

Lily-Rose wrote: »

Any luck Parks? Did you manage to contact anyone today?

Absolutely no luck at all. I phoned them and got some admin girl, who wouldn't put me through to the company director but said they would speak to them and get back to me after i explained once again. She acknowledged the letter had been received that i sent. They phoned back 10 mins later and said that the director is adamant that they are not returning any of the money as i had said the contract on the property of the house we were supposed to be buying and handed over £500 cash. I said that i would be pursuing through the small claims court as i had taken advice and they just said that was my choice, crack on with it, they were not returning the money

dimbo61

Time for a phone call to CAB or Shelter.
Even a Letter before Action may unlock the chequebook and give you a refund.
I would chase this all the way.
Claim through the Small Claims would Involve someone from Head office having to turn up at court ( Not worth it for them)
Please Fight ON!

Parks

Oh i will be fighting on. I have told them i am going to the small claims court but they didn't seem bothered. i had already spoken to CAB and they put me onto the property ombudsman but they said it wasn't to do with them as they deal with estate agents. We are going to write another letter to the company as we have found the consumer law right to cancel details which we think apply to us
"Buying away from the trader’s normal place of business.
You may also invoke your 7 day cancellation rights for items over £35.00 where business is taking place away from the trader’s HQ or shop. This may include any of the following:
• Your place of work
• A trade fair
• A one-day fair (such as a wedding fair) or a marketing presentation (such as overseas property)
It is also the case even when contracts are concluded at a later date, back at the trader’s shop or office – the fact that you have made your offer away from here is the important thing."

and also Reservation Agreement law
"Reservation agreement

Resource type: Glossary item Status: Maintained Jurisdictions: England, Wales


An agreement between a buyer and seller of land involving a written statement of intent (subject to contract and whether or not a fee is paid) to buy and sell a property.
A reservation agreement is frequently used in the sale of new homes when a buyer reserves the right to buy the property for a period of time (the reservation period) and pays a fee. The builder or developer states that it will not sell the property to another during the reservation period. If the buyer decides to buy the property, any fee is deducted from the deposit paid on exchange of contracts. If the buyer decides not to proceed with the purchase, it can cancel the reservation agreement at any time during the reservation period and the developer or builder usually reimburses the reservation fee after deduction of expenses (usually legal and administrative expenses).
Reservation agreements are not the same thing as exclusivity agreements (commonly called "lock-in" or lock-out agreements).
A reservation agreement usually states:
The amount of the reservation fee.
What is being sold (for example, plot number and garage or parking space if separate).
The purchase price.
How long the price will remain valid.
The deadline date when the reservation agreement will end if contracts are not exchanged.
The expenses that will be deducted from the reservation fee if contracts are not exchanged.
If contracts are not exchanged, the builder or developer keeps the reservation fee and the reservation agreement automatically expires"

so hoping to do that before going to small claims as I have no idea how to go through the small claims system - will be back on here for more MSE help!!

Parks

Any suggestions how i should proceed now? i have phoned again but the director will not speak to me and they are just saying thats its company policy and i signed the contract on their premises (the house i was buying - not business premises though) and they will not refund. i even suggested they take £50 for the trouble of thinking it was sold for a few hours but they won't budge at all - they are keeping all £500!!