Pulled out before exchange - invoiced for costs!!

jtm8866

Mahsroh wrote: »

Haven't contributed to this thread, but found it a fascinating read, and I wholeheartedly agree with the consensus that the developer doesn't have a leg to stand on. Even if they did, the figures they've quoted you are ridiculous (I'm a Quantity Surveyor!). But, given that there is no justification for claiming the costs, the quantum is a moot point anyway!


I wish you every success with this dispute, and will be subscribing to this thread. Please do keep us posted and let us know how it plays out! Good luck!

Thanks for the support:beer:
I will update on the outcome.

Mahsroh

jtm8866 wrote: »

Thanks for the support:beer:
I will update on the outcome.

Also worth pointing out, as has already been alluded to. For the developer (assuming it's a large developer) this is nothing.They'll have sent a letter in the hope you'll just pay up and not dispute it. If you respond basically refuting all sums claimed, there may be one or two letters bounce back and forth but if I was a betting man I'd say they'll then accept defeat and that will be the end of it.


I've never worked for a developer, but have worked for building contractors my whole adult life, and I don't think I've ever gone to court over a £4k dispute. If this was my company, we'd discuss the circumstances internally and almost certainly collectively come to the same conclusion that everybody has on this thread and decide not to pursue it.


If they're daft enough to go to court (even though the "true" cost to them is probably less than a grand!) then I'd be in your position thinking "bring it on!"

jtm8866

Mahsroh wrote: »

Also worth pointing out, as has already been alluded to. For the developer (assuming it's a large developer) this is nothing.They'll have sent a letter in the hope you'll just pay up and not dispute it. If you respond basically refuting all sums claimed, there may be one or two letters bounce back and forth but if I was a betting man I'd say they'll then accept defeat and that will be the end of it.


I've never worked for a developer, but have worked for building contractors my whole adult life, and I don't think I've ever gone to court over a £4k dispute. If this was my company, we'd discuss the circumstances internally and almost certainly collectively come to the same conclusion that everybody has on this thread and decide not to pursue it.


If they're daft enough to go to court (even though the "true" cost to them is probably less than a grand!) then I'd be in your position thinking "bring it on!"

Agreed.
My guess is the same.
Initially, I was a bit worried but this thread helped me to understand that they don't have any legal basis. I guess we'll have to wait and see whether they are that daft.

jtm8866

I spoke to my solicitor's litigation department today.

As already advised in this thread by many people, they are asking me to deny all liabilities because of no contract exchanged on the house or on the extras chosen.

However, they also strongly recommended to ask the question: "What steps has the developer taken to mitigate the loss - such as tried to sell the house with the installed tiles/kitchen worktop, if it is already installed (or) return the tiles/kitchen worktop back to the supplier if some or all the tiles are not installed...".

I am worried that asking this question will indirectly mean that I am accepting the loss, if any.
There have been some useful advises in this thread to keep the response short and simple, denying liabilities without getting in to any argument. While I agree with it and intend to do so, I am also wondering whether to take the litigator's above advise here and draft my response accordingly.

pimento

Can you ask someone to view the house and see what's said?

jtm8866

pimento wrote: »

Can you ask someone to view the house and see what's said?

I don't think that is an option any more. To view the house, I will have to request the estate agent to arrange the visit which I don't think they will be willing to do considering how sour they were when I pulled off.

pimento

No, I mean ask someone who won't say that they know you. Posing as a prospective buyer.

jtm8866

pimento wrote: »

No, I mean ask someone who won't say that they know you. Posing as a prospective buyer.

Ha, got it.
Not a bad idea actually. However, since the building is not complete, they haven't opened viewing to the public yet. So I doubt it.
I will try though via some of my friends.

Mahsroh

jtm8866 wrote: »

I spoke to my solicitor's litigation department today.

As already advised in this thread by many people, they are asking me to deny all liabilities because of no contract exchanged on the house or on the extras chosen.

However, they also strongly recommended to ask the question: "What steps has the developer taken to mitigate the loss - such as tried to sell the house with the installed tiles/kitchen worktop, if it is already installed (or) return the tiles/kitchen worktop back to the supplier if some or all the tiles are not installed...".

I am worried that asking this question will indirectly mean that I am accepting the loss, if any.
There have been some useful advises in this thread to keep the response short and simple, denying liabilities without getting in to any argument. While I agree with it and intend to do so, I am also wondering whether to take the litigator's above advise here and draft my response accordingly.

This is just me, and I don't pretend for one second to know more than your solicitors. But, I agree with you. I wouldn't even bring that into discussions at the moment. The stance should remain. No liability, developer changed terms by moving the location of the driveway, contracts not exchanged. End.


The whole argument about the developer mitigating their losses is an argument to have further down the line if/when they don't drop their claim.

jtm8866

Mahsroh wrote: »

This is just me, and I don't pretend for one second to know more than your solicitors. But, I agree with you. I wouldn't even bring that into discussions at the moment. The stance should remain. No liability, developer changed terms by moving the location of the driveway, contracts not exchanged. End.


The whole argument about the developer mitigating their losses is an argument to have further down the line if/when they don't drop their claim.

I cannot agree with you more.
For some reason, my solicitor came across to me that he is already treating this as a court claim.

But anyway, I only asked for his suggestion but did not instruct to represent me.
I am tempted to go with my instinct and just deny all liabilities without any arguments. Period.