• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Advice on small claims

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Advice on small claims

    Dear All

    Apologies if this is in the wrong forum, could do with some help regarding small claims please. The brief history is that we ( me and the OH) bought a house from Bovis back in November. Part of the purchase contract was a turfed usable rear lawn. It's totally unusable as its constantly flooded because it wasn't laid properly, there is a layer of hardcore below the very minimal topsoil and turf. It has never taken properly and is dying. We started complaining about it 2 weeks after we moved in to the point that last month we filled a LBA and after no response we today went to the Money Claim Online site and filled the paperwork for small claims. Coincidentally this afternoon we get a call out of the blue from their Area Manager who wants to bring a landscaping company round next week to get a price for putting it right. As we have already set the wheels in motion for the courts do we let him come round or say no wait until the paperwork lands on his desk from the court? We don't want to compromise ourselves and loose the £410 we spent to file the paperwork.
    Tags: None

  • #2
    Re: Advice on small claims

    As they are now moving on the matter I would speak to the area manager and tell him what action you have taken.
    Don't stop the process yet, wait until there is an agreement on the table (or grass on the lawn) and negotiate a compensation package to take your court costs into account.

    Comment


    • #3
      Re: Advice on small claims

      Hi

      Thanks for the reply. We were thinking that this was probably what we should do but weren't sure. The other thing we're not sure on is should we keep the appointment to have them visit next week or cancel it and see what they say after the court paperwork arrives?

      Comment


      • #4
        Re: Advice on small claims

        Keep the appointment.
        If you do land up in court you need to show that you have acted reasonably and tried to resolve the situation without going to court.
        Treat court action as a last resort

        Comment


        • #5
          Re: Advice on small claims

          Filling the paperwork today was our last resort, we've spent 7 months (and a winter of a flooded garden and mud - not nice with a young beagle in the house muddy paws everywhere!!!) trying to get them to deal with this, and at every step we have said that we don't want to go down the court route unless we have to. As it is we probably won't be able to use our garden properly this year because it seems they refuse to take the issue seriously.

          Comment


          • #6
            Re: Advice on small claims

            So now they are finally coming to see you, keep your options open and use the real threat of court action to squeeze decent compensation for loss of use.
            Notoriously difficult to quantify, but the fact you have started the action might concentrate their minds
            Last edited by des8; 25th April 2014, 21:57:PM. Reason: correcting terminology

            Comment

            View our Terms and Conditions

            LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

            If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


            If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
            Working...
            X