Developer refusing to fix my new built

Doozergirl

koniesinvenice said:

Doozergirl said:

I thought I'd see if they were members of the FMB so you could use their mediation service but I can't see them. 

I think your option now is probably a letter before action.  Obtain quotes to fix the outstanding work and threaten them that you will have the work carried out by others if they don't sort it within 14/28 days, and then sue them for the cost.  As long as you were within that 2 years when you reported it, you should be fine.  

The court will also offer mediation before any hearing.  

To not have even finished the skirting boards is a really poor reflection on these people.  That's not exactly a snag, that's sheer laziness.  

I didn't watch the full four minutes of squeaking, but I get the message! 

Do I need a lawyer to write the letter before action?

Also thank you so much for your help.

 No.  You could google for examples or ask Chat GPT to help you.  

pinkshoes

koniesinvenice said:

Doozergirl said:

I thought I'd see if they were members of the FMB so you could use their mediation service but I can't see them. 

I think your option now is probably a letter before action.  Obtain quotes to fix the outstanding work and threaten them that you will have the work carried out by others if they don't sort it within 14/28 days, and then sue them for the cost.  As long as you were within that 2 years when you reported it, you should be fine.  

The court will also offer mediation before any hearing.  

To not have even finished the skirting boards is a really poor reflection on these people.  That's not exactly a snag, that's sheer laziness.  

I didn't watch the full four minutes of squeaking, but I get the message! 

Do I need a lawyer to write the letter before action?

Also thank you so much for your help.

You don't need lawyers to write a letter before action.

Just make the letter very clear what has happened so far and what solution you want.

- List dates when you have contacted them regarding the issues.
- give them a deadline by when you expect them to come and sort out these problems (28 days from receipt of letter).

I'd also get a couple of professionals round to quote to get the work sorted. I'd then write at the bottom of the LBA that you have already had two quotes to have the faults fixed, and if they are unable to complete the work within the reasonable time limit you have specified, then you will be taking them to court for the cost of £XXXX (most reasonable quote) and appoint someone else to do the work.

If they can't do the work in 28 days but do give you a sensible date, then make sure they put it in writing. 

markin

If the company is bust you won't get a penny out of them? Even the big boys use a ltd company for each development don't they to limit losses?

koniesinvenice

markin said:

If the company is bust you won't get a penny out of them? Even the big boys use a ltd company for each development don't they to limit losses?

I am pretty sure they are already out of money which is why they are refusing to fix things...

koniesinvenice

pinkshoes said:

koniesinvenice said:

Doozergirl said:

I thought I'd see if they were members of the FMB so you could use their mediation service but I can't see them. 

I think your option now is probably a letter before action.  Obtain quotes to fix the outstanding work and threaten them that you will have the work carried out by others if they don't sort it within 14/28 days, and then sue them for the cost.  As long as you were within that 2 years when you reported it, you should be fine.  

The court will also offer mediation before any hearing.  

To not have even finished the skirting boards is a really poor reflection on these people.  That's not exactly a snag, that's sheer laziness.  

I didn't watch the full four minutes of squeaking, but I get the message! 

Do I need a lawyer to write the letter before action?

Also thank you so much for your help.

You don't need lawyers to write a letter before action.

Just make the letter very clear what has happened so far and what solution you want.

- List dates when you have contacted them regarding the issues.
- give them a deadline by when you expect them to come and sort out these problems (28 days from receipt of letter).

I'd also get a couple of professionals round to quote to get the work sorted. I'd then write at the bottom of the LBA that you have already had two quotes to have the faults fixed, and if they are unable to complete the work within the reasonable time limit you have specified, then you will be taking them to court for the cost of £XXXX (most reasonable quote) and appoint someone else to do the work.

If they can't do the work in 28 days but do give you a sensible date, then make sure they put it in writing. 

Thank you! I appreciate your help

I already gave them deadlines multiple times and they already confirmed they are not planning to fix the two big problems: floors and insulation. Would that mean I should go to the next step?

They will just ignore the letter sadly... on top of that I am sure they don't have any money left.
They want to sell two remaining house, take the money and run away.

littleboo

What's their rationale for not fixing these issues?

koniesinvenice

littleboo said:

What's their rationale for not fixing these issues?

'It's not bad enough' basically

In reality they don't have money I think

housebuyer143

koniesinvenice said:

littleboo said:

What's their rationale for not fixing these issues?

'It's not bad enough' basically

In reality they don't have money I think

Can you potentially get a charge on one of the properties they haven't sold yet if you win at court? That way you would get your money when they do and could get the issues resolved yourself?

koniesinvenice

housebuyer143 said:

koniesinvenice said:

littleboo said:

What's their rationale for not fixing these issues?

'It's not bad enough' basically

In reality they don't have money I think

Can you potentially get a charge on one of the properties they haven't sold yet if you win at court? That way you would get your money when they do and could get the issues resolved yourself?

I am pretty sure they will just close the company if I take them to court sadly....

NameUnavailable

Companies house shows that they are very overdue in filing accounts. That's not a good sign, and they will be fined and possibly stuck off.

Send the LBA - write it yourself and keep it brief. State that unless they confirm to rectify the faults with an acceptable timescale you will be taking further action. Allow 7 days for a response. Send it by recorded delivery and by email.

Have you had any quotes for the works? If not get a few builders round and then use the quotes to decide on the next step, depending how much you're claiming for.

If they still own assets (the house to sell) then it looks hopeful that you'll be able to actually get them to pay, but they may have done something like transferring the house to another company or person.