Can I claim compensation for undone snags on a Shared Ownership?

Bhavv

Unlike buying directly from the builder, I have a thick contract that outlines that snags and defects must be done in a timely manner.

I've been in my house for almost 3 years, and despite chasing up my snags for almost 2 years, about £3000 worth of them still haven't been done.

I sent a claim letter to the housing association asking for £10,000 for me to get the remaining issues fixed myself, refund of all rent paid so far, and mental health / empty promises / wasting so much time and effort chasing it up for so long. I've exchanged well over 100 emails about all this, with multiple replies from the Housing Association saying that they absolutely would get all the snags I reported within the warranty period done, but almost 3 years since reporting them within the warranty period and they still aren't done.

I stated that a failure to pay the compensation will lead to civil litigation for transfer of the full remaining share to me for breach of contract. I don't know if either that of £10k will be possible, but that was all more to pressure them into acting and I think should at least get £3000 on top of the snags being fixed according to googling other people's similar cases with buying from builders.

[Deleted User]

Bhavv said:

Unlike buying directly from the builder, I have a thick contract that outlines that snags and defects must be done in a timely manner.

I've been in my house for almost 3 years, and despite chasing up my snags for almost 2 years, about £3000 worth of them still haven't been done.

I sent a claim letter to the housing association asking for £10,000 for me to get the remaining issues fixed myself, refund of all rent paid so far, and mental health / empty promises / wasting so much time and effort chasing it up for so long. I've exchanged well over 100 emails about all this, with multiple replies from the Housing Association saying that they absolutely would get all the snags I reported within the warranty period done, but almost 3 years since reporting them within the warranty period and they still aren't done.

I stated that a failure to pay the compensation will lead to civil litigation for transfer of the full remaining share to me for breach of contract. I don't know if either that of £10k will be possible, but that was all more to pressure them into acting and I think should at least get £3000 on top of the snags being fixed according to googling other people's similar cases with buying from builders.

I am not a lawyer but I would say your chances of getting the compensation you want for these snags are slim to none.  Rather than posting on the MSE forum you really ought to seek proper legal advice perhaps even from the solicitor who handled the original purchase. 

Bhavv

Lover_of_Lycra said:

Bhavv said:

Unlike buying directly from the builder, I have a thick contract that outlines that snags and defects must be done in a timely manner.

I've been in my house for almost 3 years, and despite chasing up my snags for almost 2 years, about £3000 worth of them still haven't been done.

I sent a claim letter to the housing association asking for £10,000 for me to get the remaining issues fixed myself, refund of all rent paid so far, and mental health / empty promises / wasting so much time and effort chasing it up for so long. I've exchanged well over 100 emails about all this, with multiple replies from the Housing Association saying that they absolutely would get all the snags I reported within the warranty period done, but almost 3 years since reporting them within the warranty period and they still aren't done.

I stated that a failure to pay the compensation will lead to civil litigation for transfer of the full remaining share to me for breach of contract. I don't know if either that of £10k will be possible, but that was all more to pressure them into acting and I think should at least get £3000 on top of the snags being fixed according to googling other people's similar cases with buying from builders.

I am not a lawyer but I would say your chances of getting the compensation you want for these snags are slim to none.  Rather than posting on the MSE forum you really ought to seek proper legal advice perhaps even from the solicitor who handled the original purchase. 

I purposefully overvalued the claim not expecting to get that much. I was initially just going to ask for £3000 as the value of the repairs, but I overvalued based on any chance of getting more. I have already contacted a solicitor that specializes in these issues and await a reply from them, but I thought I would try to discuss the issue as well.

theartfullodger

I can claim for Johnson being a useless PM,. for his lying and the world-beating covid death rate, but expect both our chances of winning are very very slim.

HampshireH

Bhavv said:

Lover_of_Lycra said:

Bhavv said:

Unlike buying directly from the builder, I have a thick contract that outlines that snags and defects must be done in a timely manner.

I've been in my house for almost 3 years, and despite chasing up my snags for almost 2 years, about £3000 worth of them still haven't been done.

I sent a claim letter to the housing association asking for £10,000 for me to get the remaining issues fixed myself, refund of all rent paid so far, and mental health / empty promises / wasting so much time and effort chasing it up for so long. I've exchanged well over 100 emails about all this, with multiple replies from the Housing Association saying that they absolutely would get all the snags I reported within the warranty period done, but almost 3 years since reporting them within the warranty period and they still aren't done.

I stated that a failure to pay the compensation will lead to civil litigation for transfer of the full remaining share to me for breach of contract. I don't know if either that of £10k will be possible, but that was all more to pressure them into acting and I think should at least get £3000 on top of the snags being fixed according to googling other people's similar cases with buying from builders.

I am not a lawyer but I would say your chances of getting the compensation you want for these snags are slim to none.  Rather than posting on the MSE forum you really ought to seek proper legal advice perhaps even from the solicitor who handled the original purchase. 

I purposefully overvalued the claim not expecting to get that much. I was initially just going to ask for £3000 as the value of the repairs, but I overvalued based on any chance of getting more. I have already contacted a solicitor that specializes in these issues and await a reply from them, but I thought I would try to discuss the issue as well.

The problem with overstating a claim is that someone will look at it and not take it seriously which means any valid points cost lose their emphasis . They may see you as a chancer.

Keep you claim factual, unemotional and don't make any daft requests. You are far more likely to get a resolution.

A judge doesn't want to see random requests for inflated sums of money.

Discussing costs etc at a later date of you go down the legal route is of course normal and expeted.

Definitely wait to hear back from the solicitor 

[Deleted User]

What snagging remained to be completed?

How did you come up with the value of this work?

Have you used the housing association's formal complaints process, and followed their direction on how to escalate your complaint because you are unhappy with their response?

The resolution is likely to be limited to them completing the work, or them paying your actual costs in completing the work, and a small sum of compensation for the inconvenience, say £100.

AdrianC

Bhavv said:

Unlike buying directly from the builder, I have a thick contract that outlines that snags and defects must be done in a timely manner.
...
I stated that a failure to pay the compensation will lead to civil litigation for transfer of the full remaining share to me for breach of contract.

Lovely, an' all... But what does this "thick contract" state? Because that's all you're entitled to.

Asking for £10k for £3k of snags (assuming the £3k isn't just a wet-finger exaggeration) is taking the mickey.
Asking for staircasing to 100% ownership is taking the entire Disney back-catalogue.

If you're lucky, the HA staff will merely pass your letter around and have a damn good laugh at it. If you're unlucky, they'll take it seriously.

davidmcn

Bhavv said:

Lover_of_Lycra said:

Bhavv said:

Unlike buying directly from the builder, I have a thick contract that outlines that snags and defects must be done in a timely manner.

I've been in my house for almost 3 years, and despite chasing up my snags for almost 2 years, about £3000 worth of them still haven't been done.

I sent a claim letter to the housing association asking for £10,000 for me to get the remaining issues fixed myself, refund of all rent paid so far, and mental health / empty promises / wasting so much time and effort chasing it up for so long. I've exchanged well over 100 emails about all this, with multiple replies from the Housing Association saying that they absolutely would get all the snags I reported within the warranty period done, but almost 3 years since reporting them within the warranty period and they still aren't done.

I stated that a failure to pay the compensation will lead to civil litigation for transfer of the full remaining share to me for breach of contract. I don't know if either that of £10k will be possible, but that was all more to pressure them into acting and I think should at least get £3000 on top of the snags being fixed according to googling other people's similar cases with buying from builders.

I am not a lawyer but I would say your chances of getting the compensation you want for these snags are slim to none.  Rather than posting on the MSE forum you really ought to seek proper legal advice perhaps even from the solicitor who handled the original purchase. 

I purposefully overvalued the claim not expecting to get that much. I was initially just going to ask for £3000 as the value of the repairs, but I overvalued based on any chance of getting more.

What made you think that's how legal claims work? You don't just pluck random figures out of the air (and if you were going to do that, why stop at £10K?!)

HampshireH

AdrianC said:

Bhavv said:

Unlike buying directly from the builder, I have a thick contract that outlines that snags and defects must be done in a timely manner.
...
I stated that a failure to pay the compensation will lead to civil litigation for transfer of the full remaining share to me for breach of contract.

Lovely, an' all... But what does this "thick contract" state? Because that's all you're entitled to.

Asking for £10k for £3k of snags (assuming the £3k isn't just a wet-finger exaggeration) is taking the mickey.
Asking for staircasing to 100% ownership is taking the entire Disney back-catalogue.

If you're lucky, the HA staff will merely pass your letter around and have a damn good laugh at it. If you're unlucky, they'll take it seriously.

I completely missed that. OP has no chance and I hate to think what the letter actually said  and If this was a legitimate claim form for court or just a shouty letter😕

Bhavv

HampshireH said:

AdrianC said:

Bhavv said:

Unlike buying directly from the builder, I have a thick contract that outlines that snags and defects must be done in a timely manner.
...
I stated that a failure to pay the compensation will lead to civil litigation for transfer of the full remaining share to me for breach of contract.

Lovely, an' all... But what does this "thick contract" state? Because that's all you're entitled to.

Asking for £10k for £3k of snags (assuming the £3k isn't just a wet-finger exaggeration) is taking the mickey.
Asking for staircasing to 100% ownership is taking the entire Disney back-catalogue.

If you're lucky, the HA staff will merely pass your letter around and have a damn good laugh at it. If you're unlucky, they'll take it seriously.

I completely missed that. OP has no chance and I hate to think what the letter actually said  and If this was a legitimate claim form for court or just a shouty letter😕

'I will give you the time to make any necessary investigations regarding these issues, and provide any additional information that you request. Failure to settle this claim by paying the compensation value of £10,000 will lead to this case being taken to civil litigation, and instead of just this amount, I will be suing for the full remaining shared equity on the property to be transferred to me for gross breach of the shared ownership agreement.'

davidmcn

Bhavv said:

HampshireH said:

AdrianC said:

Bhavv said:

Unlike buying directly from the builder, I have a thick contract that outlines that snags and defects must be done in a timely manner.
...
I stated that a failure to pay the compensation will lead to civil litigation for transfer of the full remaining share to me for breach of contract.

Lovely, an' all... But what does this "thick contract" state? Because that's all you're entitled to.

Asking for £10k for £3k of snags (assuming the £3k isn't just a wet-finger exaggeration) is taking the mickey.
Asking for staircasing to 100% ownership is taking the entire Disney back-catalogue.

If you're lucky, the HA staff will merely pass your letter around and have a damn good laugh at it. If you're unlucky, they'll take it seriously.

I completely missed that. OP has no chance and I hate to think what the letter actually said  and If this was a legitimate claim form for court or just a shouty letter😕

'I will give you the time to make any necessary investigations regarding these issues, and provide any additional information that you request. Failure to settle this claim by paying the compensation value of £10,000 will lead to this case being taken to civil litigation, and instead of just this amount, I will be suing for the full remaining shared equity on the property to be transferred to me for gross breach of the shared ownership agreement.'

Not that it's a valid remedy anyway, but in what way are they breaching the shared ownership agreement, "grossly" or not? Surely the snagging is under your purchase contract?