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

HampshireH

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.'

So a shouty letter with no legal basis.

Good luck of that's the approach you are taking. You need to be less emotional, less random and keep it factual as advised previously.

You can achieve a positive outcome but you need to be sensible about it. £10k randomly plucked out of him air and threatening to sue for the rest of the ownership is ridiculous unless you have this on good legal advice that you would be successful and you have the money to take it all the way 

AdrianC

Just wait until the OP finds out the cost of launching any kind of viable court claim for that much money, way above the small claim limit.

The only winners would be the lawyers. If the OP can find one who isn't just going to tell him not to waste his breath, then the odds are that they'll be a charlatan only in it for the fees. It's an empty threat, and the HA will treat it as such. If he's lucky...

Bhavv

cheerfulmusicman said:

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.

Post pipe burst flood water damage to the walls in the bathroom, upstairs hallway and ceiling of the lounge.

Unpainted downstairs W.C.

Upstairs toilet pushed forward from the wall due to its tube having too much forward tension and damaged the vinyl.

The total cost would be 3 rooms worth of repainting, new bathroom flooring and reinstallation of the toilet.

All complaints processes have already been followed. I have hundreds of emails back and forth with the housing association with them repeatedly promising throughout the first two years that the work would have been completed.

In fact the water pipe burst had happened before I bought the house, the housing association manager that I exchanged contracts with on the day of purchase said he had already gotten the pipes checked and fixed, and someone would be coming within the first two weeks of me moving in to repaint the water stained walls. 32 months later and at least 10 possibly up to 20 attempts to chase it up already and nothing has yet been done.

HampshireH

Bhavv said:

cheerfulmusicman said:

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.

Post pipe burst flood water damage to the walls in the bathroom, upstairs hallway and ceiling of the lounge.

Unpainted downstairs W.C.

Upstairs toilet pushed forward from the wall due to its tube having too much forward tension and damaged the vinyl.

The total cost would be 3 rooms worth of repainting, new bathroom flooring and reinstallation of the toilet.

All complaints processes have already been followed. I have hundreds of emails back and forth with the housing association with them repeatedly promising throughout the first two years that the work would have been completed.

In fact the water pipe burst had happened before I bought the house, the housing association manager that I exchanged contracts with on the day of purchase said he had already gotten the pipes checked and fixed, and someone would be coming within the first two weeks of me moving in to repaint the water stained walls. 32 months later and at least 10 possibly up to 20 attempts to chase it up already and nothing has yet been done.

So you have completed their stage one and two complaints process. (Not just sent emails)

Ok. So they declined to do the work or just didn't turn up either or.

What did the ombudsman say when you took your complaint to them?

AdrianC

And at no point in three years have you shrugged, walked to B&Q, and bought a tin of paint and a brush?

deannagone

It might be that you are overinflating the repair demands that is causing the problems.  Compromise could be key.  Yes the toilet needs a repair, the flooring replaced (although again rather than waiting three years, I'd be tempted to do it myself, its surely not a huge square footage that needs flooring as its a bathroom/toilet area?) but repainting three rooms?  You could do that in a weekend yourself.  Its certainly not even a 3k claim, let alone 10k.

I suspect this is your main problem.  Please consider if its worth the extra hassle.  And consider a compromise.

If you sent a letter saying if the toilet is repaired, I will consider the matter closed (just giving them one simple thing to do), rather than a long list of things to dispute or go blurry eyed over.  I realise you will feel some injustice over this.., but having been there, its just not worth swopping three years of letters and angst for a weekend of painting.

There have been times as well when I have shot myself in the foot by displaying frustration and anger.., and nothing has been done.  The person you are communicating with backs away and your file goes to the bottom on the pile.  Nowadays I tend to use a more 'please help' approach.  Its much more successful.

davidmcn

AdrianC said:

And at no point in three years have you shrugged, walked to B&Q, and bought a tin of paint and a brush?

What, and negate their totally legit claim for £10k, the remaining equity in the house, and a hamper?

Bhavv

davidmcn said:

AdrianC said:

And at no point in three years have you shrugged, walked to B&Q, and bought a tin of paint and a brush?

What, and negate their totally legit claim for £10k, the remaining equity in the house, and a hamper?

Claims don't even have to be legit to be made.

k3lvc

Bhavv said:

davidmcn said:

AdrianC said:

And at no point in three years have you shrugged, walked to B&Q, and bought a tin of paint and a brush?

What, and negate their totally legit claim for £10k, the remaining equity in the house, and a hamper?

Claims don't even have to be legit to be made.

As you're demonstrating perfectly in your frankly laughable claim - the fact this has taken 3yrs and over 100 emails suggests that they're not taking you seriously or you're failing the 'attitude test'

Bhavv

k3lvc said:

Bhavv said:

davidmcn said:

AdrianC said:

And at no point in three years have you shrugged, walked to B&Q, and bought a tin of paint and a brush?

What, and negate their totally legit claim for £10k, the remaining equity in the house, and a hamper?

Claims don't even have to be legit to be made.

As you're demonstrating perfectly in your frankly laughable claim - the fact this has taken 3yrs and over 100 emails suggests that they're not taking you seriously or you're failing the 'attitude test'

Really? So you feel like gaslighting a homeowner who hasn't had their snags resolved just because they send a claim letter?

Sending a claim letter is exactly how you immediately escalate such issues to be dealt with.

Making a claim is not an issue of 'attitude', its a legal right.