Compensation - Persimmon

mostlynice

Apologies if this is the wrong sub-forum, please move if so.

So, where to begin......

We got the keys to our new build in November 2017, approx 4.45pm. Pitch black outside, winter and that. When we went up the house on the Saturday morning in daylight, we looked into the back garden and noticed a kick in the fence. Imagine a rear fence line, then it comes into your garden 1500mm then carries onto next doors for 2000mm.

Spoke to the site manager on the Monday regarding this issue. Basically, out the back of ours, and our neighbours, there is a 15ft drop. Persimmon had to dig down to allow space for 3 storey town houses. We are plot 59. Plot 58 and 60 both had their rear retaining walls, we had half a job. It was just a mound of mud. Following the meeting with the site manager, I was given a signed, Persimmon headed piece of paper which stated the wall would be built no later June 2018 - 7 months after moving in. Wow.

Being in the North East, the weather isn't great. The wind and rain quickly eroded the mound of mud. Holes started appearing under the temporary fence, meaning we could never let our 7 year old or 2 puppies out into the back garden for fear of them falling down the 15ft drop. Didn't matter what temporary measures we put in place, the mud didn't last long and new holes would appear.

Anyway, June came. Nothing. July...August...September....October....

I threatened them with court action. They sent their technical director out in November, who then emailed me stating work would commence on the wall November 9th, 2018. Almost 1 full year after moving in.

Work didn't start.

Now in the middle of March, they have finally started erecting the rear retaining wall. Our garden is half fenced off. Almost 15 months for them to get to this point.

I have bundles of photos and all official correspondence.

Can somebody point me in the right direction with regards to taking them to court for compensation? NHBC want nothing to do with it because it's a rear retaining wall, and nothing to do with the 'house'

Thanks in advance

lincroft1710

As you appear to have suffered no monetary loss, this would not be a simple Small Claims matter. After the work has been completed, try asking the builder for a goodwill payment.