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

powerful_Rogue

Bhavv said:

powerful_Rogue said:

Clearly someone doesn't want to listen to the top knotch advice they have been given, which begs the question of why you have come on here to ask the question? As you have demonstrated in your previous replies in which you state several times you know 'how these things work' - then there is little point in people replying to you.

Best advice now, speak to a solicitor. Them saying what others have said here might sink in a bit more. Otherwise, you could find yourself out of pocket due to your vexatious claim.

Bhavv said:

If the housing association wanted to claim that I am being unreasonable then its fair game for me to simply flash the disability card and claim discrimination.

Now this is just disgusting.

No, its reasonable to expect someone with a learning disability that believes anything they read on the internet to make enough error to misprice a claim. I most clearly would be saying 'I dont know how much these things would actually be worth and estimated them by googling'. My support worker can attest to this fact that just last week I literally believed that a gardener couldn't charge more than £25 an hour because some website said so, and now believe that a painter can charge £1 million per room because she said so. I take everything I read or hear literally. My margin for error is quite high.

If you believe everything you read on the internet, then why have you dismissed many people in this thread saying exactly the same thing?

Judging by your previous threads, I think differenty to what you are stating.

Bhavv

powerful_Rogue said:

Bhavv said:

powerful_Rogue said:

Clearly someone doesn't want to listen to the top knotch advice they have been given, which begs the question of why you have come on here to ask the question? As you have demonstrated in your previous replies in which you state several times you know 'how these things work' - then there is little point in people replying to you.

Best advice now, speak to a solicitor. Them saying what others have said here might sink in a bit more. Otherwise, you could find yourself out of pocket due to your vexatious claim.

Bhavv said:

If the housing association wanted to claim that I am being unreasonable then its fair game for me to simply flash the disability card and claim discrimination.

Now this is just disgusting.

No, its reasonable to expect someone with a learning disability that believes anything they read on the internet to make enough error to misprice a claim. I most clearly would be saying 'I dont know how much these things would actually be worth and estimated them by googling'. My support worker can attest to this fact that just last week I literally believed that a gardener couldn't charge more than £25 an hour because some website said so, and now believe that a painter can charge £1 million per room because she said so. I take everything I read or hear literally. My margin for error is quite high.

If you believe everything you read on the internet, then why have you dismissed many people in this thread saying exactly the same thing?

Judging by your previous threads, I think differenty to what you are stating.

What have I dismissed? 

I said that my case would never win at the values I estimated it at.

I already knew that beforehand. 

I explained that the values of the claim are to bluff a higher settlement.

I know this works because of a previous employment tribunal settlement.

I only dismissed people attacking my character over this. I have every right to do so and to defend myself.

I'm only human and am allowed to make mistakes. Sometimes those mistakes lead to benefit.

[Deleted User]

@HampshireH has asked twice now what the ombudsman said when you escalated the matter to them? 

Did you ever get your insurer involved when the pipe burst as they could also pursue the HA? 

Bhavv

Lover_of_Lycra said:

@HampshireH has asked twice now what the ombudsman said when you escalated the matter to them? 

Did you ever get your insurer involved when the pipe burst as they could also pursue the HA? 

Where did I mention I contacted the ombudsman? I only stated that I pursued all avenues of complaint already with the Housing Association themselves.

The pipe burst before I purchased and was already fixed. The water damage was never repainted.

[Deleted User]

Bhavv said:

Lover_of_Lycra said:

@HampshireH has asked twice now what the ombudsman said when you escalated the matter to them? 

Did you ever get your insurer involved when the pipe burst as they could also pursue the HA? 

Where did I mention I contacted the ombudsman? I only stated that I pursued all avenues of complaint already with the Housing Association themselves.

The pipe burst before I purchased and was already fixed. The water damage was never repainted.

You said you’d all avenues of complaint but if you haven’t gone to the ombudsman then you clearly haven’t. Instead you’ve jumped straight to this ludicrous plan to sue. 

You bought the place after you were aware the pipe had burst and were already aware of the state of the property? Was this before or after exchange? 

HampshireH

Bhavv said:

Lover_of_Lycra said:

@HampshireH has asked twice now what the ombudsman said when you escalated the matter to them? 

Did you ever get your insurer involved when the pipe burst as they could also pursue the HA? 

Where did I mention I contacted the ombudsman? I only stated that I pursued all avenues of complaint already with the Housing Association themselves.

The pipe burst before I purchased and was already fixed. The water damage was never repainted.

Thats why I asked, because the ombudsman is the next stage of any complaint about a housing association.

No point going to court before you have fully exhausted the complaints procedure and not received a successful outcome.

If you are now claiming to have a disability which prevents you from understanding the value of things (would have made sense to mention several pages ago if it's part of your 'claim') I would ensure you have decent support around what it will cost you o go to court. I expect you may have undervalued that expense and you will need to budget for it.

You will also need to ensure you can afford the HA legal costs if you lose.

https://www.housing-ombudsman.org.uk/

Sotts

Compensation culture gone mad.  And to wave the disability flag when you don't get what you want?  Disgusting.

From reading your previous posts this is not the first time you've gone down this route 

deannagone

As someone with autism, who also can be a bit literal but has learned the value of checking prices (which absolutely anyone can do, regardless of a first instinct to accept what you are quoted).., the idea of 'flashing the disability card' makes me ashamed to read this thread.  

I needed my garden levelled.  Not a great deal of money, other physical disabilities which made the work very difficult to do by myself.  Had two contractors come round, cheapest quote was £800 (I had a feeling I'd be asked for more once they were doing it with the cheapest quote, just something about his attitude) and two days work became four. I do find contractors difficult to deal with, how to judge when something is quoted incorrectly.  But I was pretty sure I was being scammed by both contractors.   

It took me weeks, but I did it myself.  And I look in pride at the back area now.  And while doing ite it, I realised I needed some kind of retaining 'wall' (I used plastic planters filled with stones instead) that both contractors completely missed.  So at best, I'd have paid £800 for a bodge job.  One can get over these problems with determination.  Yes there has been a lot of pain, and yes I broke my thumb moving paving slabs I shouldn't really have been moving at all.  But do I regret it, not a bit, I feel a lot of pride at completing the work without any help whatsoever.  I wouldn't dream of asking for compensation because the council probably should have taken my physical disabilities into account before forcing me into this property that has quite a few problems.  I'm just glad my children and I have somewhere to live that isn't a private rental.

I also was very nearly killed by a medical mistake (and blamed for it by hospital staff which added to the enormous stress at the time).  But compensation.., no chance.  Didn't even consider it. Mistakes do happen, medical staff are human.  Just because they reacted very badly doesn't make me taking action over it the right thing to do.  

2bFrank

I dont think you do understand the concepts. Maybe because you have settled out of court previously then maybe you think that's how it always work, but I assure you its not. As soon as a judge sees that you asked for £10k and unable to prove the value they will say you have acted unreasonable (remember you cannot claim for suffering and inconvenience unless you have had expenses based of that, especially for work relating to decor and nothing life threatening).

You clearly have not followed the correct procedure, as three years you are still in this position. If you following the procedure you would have already been to court with the relevant documentation and I think you would have won.

Also the disability side of things doesnt work like that anymore. Too many people have played it and courts now really don't take it into consideration, unless it has affected you in real terms (good example would be a company loaning a person with mental health issues too much money, then the courts would certainly take into consideration the disability).

Think you have had the best advice from everyone here. Good luck OP its horrible to move into a new house and the work they should have done hasnt been, but you really need to step back and take a proper view of the situation, instead of shouting you are claiming for this and that. 

AdrianC

2bFrank said:

As soon as a judge sees that you asked for £10k and unable to prove the value they will say you have acted unreasonable

Hold on...

He's not launching a court claim for £10k...

He wants £10k OR ELSE he'll launch a court claim demanding free staircase to 100% ownership...

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.

Bhavv said:

HampshireH said:

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.'