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

Parks

KILL_BILL wrote: »

heres details that you need : https://www.gov.uk/make-court-claim-for-money/court-fees

you can do your claim on line which will cost you abit less in fees.

even if the company defends the claim the hearing if it takes place will take place at a court near to you as you a litigant in person and not a company.

That is so helpful, thank you. Final letter before action has been sent today so will see if they respond to them

Parks

well surprise surprise, i've had no response from the company. They have had my final letter before action and i have given them time to respond and had nothing so its off to the small claims court for me! Thought they would have at least acknowledged my letter, they must think i am bluffing about taking action.

Pandilex

Parks wrote: »

well surprise surprise, i've had no response from the company. They have had my final letter before action and i have given them time to respond and had nothing so its off to the small claims court for me! Thought they would have at least acknowledged my letter, they must think i am bluffing about taking action.

Some people think they're untouchable and are literally unable to comprehend how they can ever do any wrong.

I wish you the best of luck in pursuing it, it will be an interesting experience to go through the small claims court procedure!

MysteryMe

Did you speak to Trading Standards about possible breaches of Consumer Protection from Unfair Trading Regulations, several of which are criminal offences? 08454 04 05 06

It's important you stress that you believe the builders are in breach of the above regulations. High pressure selling wanting cash, no cooling off period etc I have no idea why you were referred to the Property Ombudsmen when it's a complaint under fair trading law.

Parks

well surprise surprise - they have put in a defence for the small claims that i put in. I have checked my claim online this evening and it just says that they are defending so i will wait with much anticipation for the post tomorrow!!

ognum

Parks wrote: »

well surprise surprise - they have put in a defence for the small claims that i put in. I have checked my claim online this evening and it just says that they are defending so i will wait with much anticipation for the post tomorrow!!

Thanks for the update, can't wait to hear what they say!

thequant

Parks wrote: »

well surprise surprise - they have put in a defence for the small claims that i put in. I have checked my claim online this evening and it just says that they are defending so i will wait with much anticipation for the post tomorrow!!

Next thing is you will get the defence.


After that you will get a allocation questionnaire, fee is about £40 IIRC.


Then you will get the judges directions which is the allocated track (small claims) and the hearing date. With instructions for providing witness statements and documents. That's when the real work begins.


But I suspect that is when they will offer you a "commercial settlement".


Accept nothing less than you are owed and costs to date at that point.


No surprise in them defending the claim, costs them nothing at this stage.


When you get to near the hearing and I mean literally near the hearing (typically a few days before the deadline for documents and witness statements to be exchanged), you will start to see movement from them.


This is standard corporate practice when dealing wit LiP's.

Parks

got my letter from the court through today and the defendant is defending saying we signed the contract and he is claiming that it is industry standard to not refund any of the reservation fee and if the judge rules against him, he will be going against the industry standard policy.
What do you think?

Monday123

Could you try and obtain evidence of other developers which do state in their policy that they will refund the reservation fee minus costs incurred?

Vampgirl

Parks wrote: »

the defendant is defending saying we signed the contract and he is claiming that it is industry standard to not refund any of the reservation fee

I would suggest that he is mistaken: the consumer code for home builders (link in post #29) specifically states that the reservation fee should be refunded less any admin costs in the event of a cancellation.