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Post by freeland on Wed Aug 07, 2019 3:40 am

hey people,my young nephue and his girlfriend are getting married and bought a refurbished house a year ago, shortley after moveing in problems started to happen,leaking pipes caused a lot of damage to ceilings and floors,a leaking soil stack also fell apart causeing more damage, the pipe was an old abestos pipe which had to be replaced,the kitchen sink pipe and washing machine waste pipes were not plumed into the sewers but only into a soak away drain which is wrong,and the latest is the electrics caught fire yesterday and filling the place with toxic black smoke nearley killing the pet dog,only for a neighbour hearing the smoke alarm and phoneing my nephue,,my nephue told their original solisitor alll what had happened and his reply was nothing could be done because it was an old house refurbished buyer beware,, fast forward my nephue got another solicitor involved and got him 14k compensation within a week of the original solisitors which also acted for the builder that done all the shody work a conflict of interest,, and get this my nephues new solisitor said thats all he can get because it will effect the original solisitors insurance premium and cant be paid to my nephue for a year (WHAT)so it sounds like the new solisitor is covering for the origanal solisitor two dirty criminal b@@@@@ds,guys how do we deal with thease scumbags to get the compension because the house is a health and safty issue now and a death trap and my nephue and his girlfriend soon tobe wife have had to move back home again,,all and any advice welcome,,many thanks in advance,,freeland

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Post by daveiron on Wed Aug 07, 2019 7:04 am

Just chucked a few random thoughts together.
I presume a mortgage is involved ,in which case was a building surveyor involved ?
Were electrical safety certificates granted ? Also council building inspectors ?

Was the house bought from the builder ,if so what descriptions were made regarding the condition of the property ?

Its interesting that the solicitor should make an offer so quick ,i hope it was not accepted in full and final settlement.
If not inform them you will be taking your complaint to the Law Society ,link below;
https://www.lawsociety.org.uk/for-the-public/using-a-solicitor/complain-about-a-solicitor/

See what ideas others come up with.
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Post by freeland on Wed Aug 07, 2019 6:29 pm

Hello daveiron,yes they bought the house of the builder through a mortgage and a surveror did inspect the place but when my nephue got the file on the house from the solisitor there was very little in it in the way of certificates none,they contacted their solisitor and said they wont be accepting the 14k,the solisitor said they wont be getting a penny more because the first solisitor cant afford to pay anymore and they got to much i cant believe he said that ,what do they have insurance for then, i want thease two b@@@@@ds head on a stick..

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Post by daveiron on Wed Aug 07, 2019 7:36 pm

It would appear on the face of it that you need to go after most of those involved. That is BS that the first solicitor cannot to pay any more ,as you say they are insured or it may be a bond ( not sure which) but it amounts to the same.
They just do not want you making a claim & if they pay out from their business account there is no claim of negligence showing on their records.

See what others think but I think you could go after ;
1. The council ,their surveyor signed off on the work as compliant.
2. The mortgage provider ,as their surveyor also signed it off ,without sight of certificates.
3. The builder ,who completed work to a dangerous standard, and clearly misrepresented .
4. The solicitor ,negligence,conflict of interest etc.
I would suggest you look around for a good solicitor ( if there is such a thing),probably best not to go local as they will all be mates anyway.

just as an example ,some 30 years ago ,being desperate to keep my kids after divorce I went to about 8 solicitors & ended up with one about 20 miles away before I found one I was happy with.
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Post by assassin on Thu Aug 08, 2019 3:22 am

Building insurance is ring fenced for new builds and this is for 30 years, however on a refurbished property you have to establish if the builder is a registered company or self employed; a company is easy to chase and get compensation from but a self employed builder is a little more difficult, but not that much more.

It would come down to negligence and duty of care as the builder is the main contractor and therefore responsible for the overall project and for ANY CONTRACTOR he/she employs and personally I would be listing the faults to date and the costs of rectification.

Secondly, I would get a surveyor with a reputation of being a stickler to assess the property and find all the faults he/she can and follow this up with a second survey from a different surveyor with an equally enviable reputation for being a stickler for detail and get two reports which will quantify each other, and keep the receipts for these, Remember it is not the age of the property which is important but the quality of the work which is important.

I would also get a resistered gas installer to check the installation and list any defects, and a qualified electrical inspection company to come and do the same.

All gas and electrical installations now have to be certified, and as Dave says this now adds the builder, council, and gas or electrical installers to your list.

Mortgage surveyor and be aware that those doing their own or free conveyencing often employ their own surveyors who often ignore many faults to make a sale go through, and for the mortgage company to keep using them.

Combined, these people will form an overall picture of the quality of the work, and remember many of these property developers cut many corners by employing cowboys or unqualified trades to do this work to save money and increase their profits. If the property needs a new roof, rewiring, and a new gas installation this can easily exceed the compensation already received and the main contractor (builder) is totally responsible and his legal team will easily pay up safe in the knowledge they can claim it back with their costs, from whichever sub contractors were used.

Asbestos!!! it should all have been removed by a registered contractor and the company receipts will show this, and if they left asbestos they are breaking the law, even if it is below ground.

Builder and council are now in the firing line for a claim against them.
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