Theft!

dazibest79

I was in the process of buying a new build from Persimmon Homes and we were having issues with getting our mortgage finalised but were told on several occasions that we could have the mortgage. At the last minute the mortgage fell through and we lost out £250 of the £500 deposit we put down which I can fully accept. What I cant accept is that we have also lost £1275 we paid for an upgraded kitchen which according to persimmon now belongs to them. I wasn't expecting the mortgage to fall through therefore I went ahead and paid extra for the kitchen of our dreams. I wasn't told at any point by the sales people that I wouldn't get this money back if anything was to happen as neither of us were expecting it. How am I now left with no money and nothing to show for it? Persimmon are a multi million pound company that are making growth despite the Brexit whereas I am a hard working man that is now £1275 out of pocket due to no fault of my own. Do I not legally own part of that kitchen? Have I not added value to the house I was supposed to be buying? How have i ended up out of pocket here? And before you pipe up with well you signed the paperwork I am well aware of that I am asking on a morally correct basis how big companies can get away with this. I would like any advice on how to try and recoup my money if at all possible or is the fact that I signed the piece of paper the be all and end all? Do I have any rights as a little man taking on a big company? Also I have evidence that I was messed around by the mortgage company (Precise Mortgages) as well as support from the mortgage broker (RSC New Homes) that Persimmon suggested we use. Is it just me that thinks this is wrong? I cant be!

cono1717

Were you buying an upgraded kitchen from i.e paying £250 "for a better oven" and £100 "for halogen bulbs" or were they selling you the products - so you paid £250 "for a Zanussi oven" and £100 for asdas own bulbs"?

If the first you should check the T&C's to make sure there's nothing written in there about that.

If the second you should be entitled to the products you purchased - what you do with them is a different matter.

Fat_Walt

dazibest79 wrote: »

I was in the process of buying a new build from Persimmon Homes and we were having issues with getting our mortgage finalised but were told on several occasions that we could have the mortgage. At the last minute the mortgage fell through and we lost out £250 of the £500 deposit we put down which I can fully accept. What I cant accept is that we have also lost £1275 we paid for an upgraded kitchen which according to persimmon now belongs to them. I wasn't expecting the mortgage to fall through therefore I went ahead and paid extra for the kitchen of our dreams. I wasn't told at any point by the sales people that I wouldn't get this money back if anything was to happen as neither of us were expecting it. How am I now left with no money and nothing to show for it? Persimmon are a multi million pound company that are making growth despite the Brexit whereas I am a hard working man that is now £1275 out of pocket due to no fault of my own. Do I not legally own part of that kitchen? Have I not added value to the house I was supposed to be buying? How have i ended up out of pocket here? And before you pipe up with well you signed the paperwork I am well aware of that I am asking on a morally correct basis how big companies can get away with this. I would like any advice on how to try and recoup my money if at all possible or is the fact that I signed the piece of paper the be all and end all? Do I have any rights as a little man taking on a big company? Also I have evidence that I was messed around by the mortgage company (Precise Mortgages) as well as support from the mortgage broker (RSC New Homes) that Persimmon suggested we use. Is it just me that thinks this is wrong? I cant be!

There's no theft here, Persimmon will have covered this in the contract and I doubt they have been dishonest.

You've broken the terms of the contract, look at it this way, if they sell the house for £10,000 less than you were going to buy it for are you happy to cover that loss?

daytona0

It may not be any fault of your own, but is it any fault of Persimmon's as well? (referring you to a third party doesn't count!).

Interesting question because, depending on the type of work carried out, I feel Persimmon may rightfully be entitled to some form of compensation for the losses they have incurred.

Why?

Because they have spent money on materials/equipment/labour for a kitchen they had zero intention of doing up had you not asked.

So I think *some* compensation is owed to them, depending on lots of factors of course You may have to take them to court and stuff but, quite frankly, this sounds like a proper mess! I am way out of my depth here, but hopefully a more knowledgeable regular can expand or refute my post.

Good luck!

bris

Look at it another way, there still needs to be a kitchen in the house, they are not going to rip one kitchen out to put the originally planned kitchen in. This would cost far more than the £1250 you paid, are you willing to pay for them to put it right?

shaun_from_Africa

dazibest79 wrote: »

Do I not legally own part of that kitchen? Have I not added value to the house I was supposed to be buying?

You may have added a small bit of value to the property but it may be that you've decreased it instead.

The upgrade that you have opted for may not appeal to the person who finally buys the house and if the kitchen differs from that shown in the advertising bumph, it may have to be put back to the original or a discount given to the buyers.

DCFC79

Have you asked why the mortgage didn't go through ?

Mr_Singleton

Maybe the actual purchaser will buy you a drink for the up-graded kitchen you paid for?

marlot

Kitchens are very personal. I paid £5k more for my house because my wife preferred the kitchen to another identical (new build) house on the same estate. The kitchen on the cheaper house was a higher spec, but not to her taste.

maninthestreet

Is it possible to secure a mortgage from another lender, and 'rescue' the situation?

daytona0

shaun_from_Africa wrote: »

You may have added a small bit of value to the property but it may be that you've decreased it instead.

The upgrade that you have opted for may not appeal to the person who finally buys the house and if the kitchen differs from that shown in the advertising bumph, it may have to be put back to the original or a discount given to the buyers.

Talking about advertising, they will also have costs in modifying the advertisements because their brochures and showroom houses are no longer applicable.

Thinking about it more but two things cropped up:

1. The OP has suffered consequential loss and the party which caused that was the mortgage company and/or Broker! Shouldn't OP be pursuing this against them instead? If they have been incompetent in any way (as apposed to just correct and upsetting OP) then they should be held responsible?

2. IF (and there is an argument that the price will go down!) the price goes up and Persimmon sell it for MORE than they would have to OP, surely they have to reimburse OP some money (where the difference exceeds their losses)? Because they would have profited twice-fold from the sale (more money and a free upgraded kitchen). Surely OP can take Persimmon to court for the difference between sale price and original price, minus Persimmon's consequential losses?

I hope I used consequential loss in the right context, but I think you know what I mean

In a nutshell, OP, but I don't think number 1 is applicable (I would imagine they'd love to give you a mortgage?) and number 2 is a whole load of mither with no guarantee of success.