no win no fee solicitor for miss selling

davidmcn

Halle71 wrote: »

Wouldn't the local authority searches have come up with this if it was in planning for 5 years?

Probably just "planning consent for residential development" for the whole estate though, not something which would highlight a play area being next door to your house. (I presume this basketball court was put there by the developers?).

But it would have been a doddle for the OP or their solicitor to look at the approved plans of the development and see what the layout was going to be.

[Deleted User]

Halle71 wrote: »

Wouldn't the local authority searches have come up with this if it was in planning for 5 years?

I think that's what the OP is getting at. They used the solicitor recommended by Barrats who failed to tell them about the basketball court.

There may be a possible case there, but it's thin. What money would the OP claim for? Loss of value to the house perhaps. Arguably though the mere presence of a basketball court should not be a problem, as the police should make sure it isn't used for criminal activity.

OP, do you call the police regularly to report crime? Have you considered asking them for CCTV? What did they say?

markbenson116

all the crime is reported and the entire street is the same position, no one was told about this court we live in 3 story houses and my baby is constantly being woken by people on the court, the issue is i should have been given all the information before buying not lied to about it, i didnt have to buy this house and given the knowledge would have not bought with this outside our house, all 10 houses used the same solicitor recommended and owned by barratts, all are missing key legal documents from their packs, all had no idea about this court.
There are other strong bits of evidence that we have been lied to but i dont want to go into it all here

DaftyDuck

I certainly haven't seen even a hint that you've been lied to, as you put it.

You may have not asked the right questions, and another solicitor may have been more questioning, but I doubt there's any clear mis-selling.

Your whole tenet seems to be "we weren't told...". No reason they should tell you. You didn't ask, as far as I can see. It was on the plans for 5 years.... It's a basketball court, not a sewerage treatment plant, a motorway, or a coal mine. It should be a positive asset, not a problem, and it's up to you, the community, and the police if necessary, to ensure it is an asset.

No doubt a Brenda will come along and tell the OP it'll all be ok, and I'm a meanie for being blunt, but I'm trying to save the OP stress and money. If you can clearly show you were actively mislead, were clearly lied to in answer to a question you asked, and have proof, you might just... might... win a court action. You still probably won't. I imagine Barratt's might just have a lawyer or two used to problems like this... However, why Barratt's should imagine you'd object to a basketball court....I can't see a slightest chance of your winning. It's what it is used for, not what it was intended for, that's the problem, and they cannot control that. Not realistically.

If you don't have absolute 100% evidence, best thing is to move on. Try to improve the area, get the court used for the right stuff, and take more care with your next purchase!

densol_2

markbenson116 wrote: »

all the crime is reported and the entire street is the same position, no one was told about this court we live in 3 story houses and my baby is constantly being woken by people on the court, the issue is i should have been given all the information before buying not lied to about it, i didnt have to buy this house and given the knowledge would have not bought with this outside our house, all 10 houses used the same solicitor recommended and owned by barratts, all are missing key legal documents from their packs, all had no idea about this court.
There are other strong bits of evidence that we have been lied to but i dont want to go into it all here

I would be really really p*ssed off if this happened to me. If ten of you are affected - can you not approach a good solicitor and ask about a "class" action ? As you don't want to say fully what' info you did have ( and that is wise as action pending ) others may leap on you and pre judge without knowing all the facts. Ring the law society or search online for solicitors that specialise in other solicitors negligence - good luck

DaftyDuck

densol wrote: »

I would be really really p*ssed off if this happened to me. If ten of you are affected - can you not approach a good solicitor and ask about a "class" action ? As you don't want to say fully what' info you did have ( and that is wise as action pending ) others may leap on you and pre judge without knowing all the facts. Ring the law society or search online for solicitors that specialise in other solicitors negligence - good luck

There appears to be no negligence by the solicitor or builder. Far more people would be delighted to have an amenity like this beside their house than more housing. It's what is happening to the court that's a problem, and the builder isn't clairvoyant.

Thrugelmir

DELETED USER wrote:

They used the solicitor recommended by Barrats who failed to tell them about the basketball court.

The buyer of a property cannot absolve all responsibility to the conveyancer. The basketball court in itself isn't the issue. As the same people could equally congregate on an open piece of land.

The matter needs to be dealt with through the appropriate authorities. Police Community Officers are a good first step.

markbenson116

i think if your told the land would be a grassy open area with benches etc then a full size basketball court with huge metal framework surrounding it is built and the sales persons tells you one thing and you get another ? sounds like a lie to me. Barratts solicitors did not find it in a search yet the plans were submitted years before we bought off plan and the basketball court has been built exactly to the scale drawing the council have given us, yet barratts and their solicitors did not tell us this was to be built, i feel this is a major issue. Some people may love having this outside their house that's fine, however the choice was not given to us and key information was held back that is clear. We did not have to move home and now feel that our home is a nightmare to live in.

Pixie5740

Have you managed to speak with a solicitor about your predicament yet? What was their opinion on the matter?

somethingcorporate

Agree with the above post, go back and talk to your solicitor about it.