Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
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It's a long story but to condense it as far as possible my fiancee and I had worked and saved very hard to buy our first place - sacrificed just about everything to do it. Got an agreed mortgage amount and started looking for a home. Decided a new build offered us what we wanted and the incentives to buy with a developer were pretty good too. We reserved an off plan two bedroom flat, top floor of three in the Turners Development in Northampton. We had to wait around nine to twelve months for it to be finished so stayed put in our rented place. Left there with three months to go as didn't want to renew another 12 month lease so stayed with my parents in my old bedroom, our stuff all over the place in friends garages! Literally a week before we were due to exchange our solicitor, a friend fortunately, called to express serious concerns with the flat. In essence Wimpey had built around 5-10% of the block on land they had no legal right to. As such they were unable to obtain any form of Legal Title, a big big problem. :o
The solicitor advised future saleability would no doubt be questionable and many lenders would run at the thought of lending on the property meaning we could be stuck with a home no-one wanted. Wimpey offered us an indemnity policy to 'protect us' against any future claims/difficulties we may encounter. We of course wanted nothing to do with it arguing that they should never have pushed the boundaries of the development onto land they had no legal rights to. Is it too much to ask that a new home is built in the right place? Wimpey think we were asking too much and refused to compensate us for the lost legal/mortgage costs etc as we had no choice but to pull out of the sale. Avoiding the issue they stated that it was our choice to pull out of the sale so all costs were of our doing. Thanks very much George Wimpey.
As a result we nearly lost our chance to buy our first home as we were out of pocket by around £2000 and the market had risen another 5% or so meaning we had less chance to find something within a first time buyers price bracket. Do they care? Absolutely not. Our solicitor in over twenty years of conveyancing said he had never been offered a home, let alone a new one with no legal title whatsoever. Wimpey feel this is good practice though as you guys don't ever get to hear about their dirty little tricks.
Their philosophy? Another mug will buy it if you don't so sod off. Harsh but true people. The outfall? We spent in total 13 months living in my old bedroom, some of our belongings were ruined over the winter months as we couldn't put them anywhere else and we had to borrow the extra amount on a personal loan just to put ourselves back to the position we started off in, this of course involves more interest. So, if there's any unity amongst us as people and consumers I'd ask you all to stay away from this disgrace of a company and give your business to those developers who don't treat you as idiots. In the meantime I'll be setting up an embarassing campaign outside all of their new developments to let people know exactly what Wimpey Homes get up to in the shadows. We'll see who backs down first! Power to the consumers eh?! Thanks for reading this thread, appreciate any comments or similar experiences and please let others know about it so they can avoid a similar situation. Cole.
Your solicitor is at fault here. Unless he agreed a contract with an extraordinary get out clause he should have been threatening to shove a writ so far up it tickled their tonsils. There is no way he should have let Wimpey off the hook. If they could not provide the title they promised you should have been fully compensated.
Building houses in the wrong place is more common than folks realise. Depending on the details of this cock up, it is possible the flats could be torn down... (I have seen this happen!) however I am sure some sort of deal will be struck.
This is quite rediculous though... offering a home with no legal title. I have seen this sort of thing in Spain, you don't expect it here in the UK.
Are you taking some sort of legal action?
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Building houses in the wrong place is more common than folks realise. Depending on the details of this cock up, it is possible the flats could be torn down... (I have seen this happen!) however I am sure some sort of deal will be struck.
This is quite rediculous though... offering a home with no legal title. I have seen this sort of thing in Spain, you don't expect it here in the UK.
Are you taking some sort of legal action?
Not sure what type of legal action we could take if any! We had never actually exchanged as our solicitor smelt a rat and would not exchange when they wanted to! Hence we were not in a contract with them and the money we have lost is due to solicitors fee's and mortgage arrangement costs! Either way Wimpey should have compensated us, no contract so they do not feel we have the right to lost costs! Morally of course its very wrong!
Well if you did not exchange contracts I take back what I said about your solicitor. It is of course correct that if there has not been an exchange of contracts there are no grounds for compensation.
Re: AVOID and BEWARE OF GEORGE WIMPEY HOMES - Here's why!
Totally agree with the avoid George Wimpey homes advice. I recently purchased one and it's been a nightmare. Loads of problems and having to fight to get them resolved. I've put together a website about my problems for all to see (BewareOfWimpey.com) please have a look and let me know your comments
Hopefully within a week or 2, my neighbours are compiling there list and photos of problems to go on. I'm going to add in all the correspondence I have with Wimpey and NHBC then pretty much that's it. I'll probably be updating it every few weeks for the foreseeable future with updates of whats been done and any other issues I've found.
My aim is to reduce the number of people having the same problems as I'm having and hopefully (this is just wishful thinking) get wimpey to improve there standards of building and customer service
Coming from close to the industry (I occasionaly work for builders), they are all as bad as each other, wiothout exception. Sloppy building, underhand tactics, the lot. Thankfully the housing bubble has burst around here and my company has other work to get on with. And land disputes are more common than you think. I sometimes have to deal with them!
I personally wouldn't buy a house that's newer than about the 1960s. The majority of new builds have cardboard walls and you couldn't swing a mouse, let alone a cat. I don't see what the attraction is. I live in a virtually bombproof 1950's concrete house with a living room bigger than a new house (made by Wimpeys, when they were good! ).
Good luck with getting something back from Wimpeys - tell your solicitor to kick them where it hurts!
My belief is that you have a legal claim based on negligent misrepresentation.
I would hit them with a claim for your legal costs plus interest.
They shouldn't get away with these [problem]s!
If your Solicitor disagrees find one who agrees!
------------------------------------------------------------------------------------- All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional.
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My belief is that you have a legal claim based on negligent misrepresentation.
I would hit them with a claim for your legal costs plus interest.
They shouldn't get away with these [problem]s!
If your Solicitor disagrees find one who agrees!
Unfortunately there would only be an actionable misrep if he had been induced to enter into the contract as a result of it. They never exchanged so there is no claim.
A solicitor who did agree would be a wrong one.
Unfortunately there would only be an actionable misrep if he had been induced to enter into the contract as a result of it. They never exchanged so there is no claim.
A solicitor who did agree would be a wrong one.
I'm not so sure your right. It was reasonable to expect that any information that would be extraordinary would be disclosed from the start. It was not and therefore they conducted negligent misrepresentation which caused their customer to lose funds. Actionable misrepresentation does not depend on a contract being signed, as long as a clear connection can be proven, that is sufficient. I've succeeded in claims like that before.
If the losses are provable and amounted to under £5k, I'd write GW a harsh letter by special delivery threatening legal action if they don't make an offer within 14 days - issue action. The most that could be lost - in my opinion - is court fees.
On the other hand, you may also have a claim [only deal with one, otherwise it would be double claiming and illegal] against the Solicitor you used for not uncovering the information at the start. You paid him to act on your behalf and he didn't. If you want to go this route, then write a letter detailing your complaint to the Solicitor, send it special delivery demanding a full response within 28 days or you will complain to the Legal Complaints Service. If you don't receive a satisfactory or any response within 28 days, complain to the LCS - LCS: Legal Complaints Service home [they say you have to give the firm 28 days to respond to your initial complaint].
Send all letters special delivery, keep copies of all letters sent and only send copies of documents received - keeping the originals.
My experience of the LCS is a lot better than that of the fos, they seem to be a lot more competent than the FOS. I helped somebody make a complaint about a firm that had previously been dragged out by the firm and their professional indemnity insurers. It took 8 months till we could complain to the LCS and looked like there was no end in sight, but the LCS gave a satisfactory conclusion within 4 months - and it was a complex issue.
------------------------------------------------------------------------------------- All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional.
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Nothing surprises me with housebuilders these days. The houses are put up as quickly and as cheaply as possible and are sold for as much as possible. I've lived in a Wimpey house and the quality was appalling. They cut a lot of corners, but your experience sounds dreadful. It's only going to get worse with the housing slump.
I know this isn't that helpful but next time it might be worth taking out homebuyers insurance. At least that would cover your costs.
I'm not so sure your right. It was reasonable to expect that any information that would be extraordinary would be disclosed from the start. It was not and therefore they conducted negligent misrepresentation which caused their customer to lose funds. Actionable misrepresentation does not depend on a contract being signed, as long as a clear connection can be proven, that is sufficient. I've succeeded in claims like that before.
Well I admit it's a few years since I studied contract law but I do remember that a representation is a statement of fact made by one party to a contract to the other which, while not forming a term of the contract, is one of the reasons that induces the representee to enter into the contract. A mis rep is simply a representation that is untrue. I'd be pleased to be proved wrong if you can show me authority for your case that there can be a misrep where there is no contract.
That said there is no harm in making the threat although I can't see any reason not to pursue both at least initially. It's not illegal to make simultaneous claims. It would be "illegal" to recover from one without disclosing it to the other (at least to the extent that you would have to repay one or the other if found out) but that's all. I think the solicitor route is more likely to bear fruit but an lba to Wimpey on a suck it and see basis is worth a try.
I agree with the poster who said most new houses are rubbish. I live in a (rented thank goodness) Roland Bardsley house, and have to be very careful about putting up shelves as they nearly rip the walls down lol . Also when next door shut their front door, our house rattles like mad!
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We too purchased a George Taylor Wimpey Home recently for our sin's! The nightmare of the past 6 months since buying this horrible home has taken it's toll on our health.
The day of taking ownership - they flooded the ground floor of the house and made every effort to prevent us from knowing what had taken place by delaying us from arriving in order to dry-out the house as quickly as possible!
The entire house was so badly constructed that the list of defects would take me days to compile but here's just a few - together with refusing to install two windows which were indicated within the show home, and via the floor plans...
Whilst still deciding on the house, and before purchasing it. Wimpey's fitters caused a Gas Leak within the kitchen but never alerted anyone of the leak. Simply, they installed the gas cooker directly in-front of the leak and sold us the home thereafter! The kitchen was also completely designed incorrctly, and after several weeks of challenging difficulties with Wimpey's - they finally accepted that the kitchen design of their "Warwick" homes was in error. Wimpey's decided to refit the kitchenafter a month had passed of us living with this situation, and this is when the Gas Leak was finally discovered by EMERGENCY GAS CALL-OUT ENGINEERS! who shut the property down and declared it "IMMEDIATELY DANGEROUS" We learnt of this formal position some weeks later as we were kept apart from those engineers by Wimpey's on-site manager in order for him to declare to them that he was the owner of our home instead in order for the formal notice to be handed to him instead of us! He then stuffed the notice behind the gas meter on the outside of the house in order for us not to see it or the seriousness of the condition of the house. The gas meter was also changed without us being aware as this too was actioned by him after repeating his position of being the owner of our home to those who changed it.
The chiminey almost fell-off the roof as it wasn't secured before they mortored it. The central henating system started-up whenever it wanted too - even after it was completely shut-down! The water pressure is so poor that if you are taking a shower, and someone turns-on a tap elsewhere - the shower stops!
skirting boards around the house at different levels are different sizes, and when linked together they are unable too match. The wash basins & pedestals are different sizes and don't come together from their slots underneath - as well as hanging further over to one side because they are not cental.
The loft-space is a patchwork quilt of joins nailed together in order to form the A-FRAME ROOF which constantly twists & squeaks whenever there's a slightly windy day.
The floors to each level of the house have many, many, many holes cut-out whilst they were adding pipes and leaving others redundant in the voids, only to then glue the cut-outs back in-place rather than replace the floor panels.
These are just a selection of horrors from buying a George Taylor Wimpey Home, and if anyone ever asks me if they too should buy a new home. I would tell them to run, run and never look back or you will regret it for the rest of your life. I would rather live in a Cardboard Box (as it would be safer) than a George Taylor Wimpey Home!
My parent's bought a George Wimpey home and it was Freehold but the garage is leasehold. We share a parking court with three other people, in total there are three garages and four parking spaces. This area is so confined every resident has damaged their cars, also vistors have.
My parent's moved into this property Feb 09, and in April 09 I informed Wimpey about this problem. Only one property was left to be sold and they still adevrtised it with garage and parking space. My neighbour moved into it August 09 he has also damaged his vehicle.
The garage is leasehold and we cannot park our vehicle in it,also the parking space is not fit for use.
As far as I am concerned Wimpey has sold properties full well knowing this major design fault and this is proved above.
Wimpey are not refusing to help to sort this problem out. Can anybody give me advice where we stand legally with regards to this matter?
If we took legal action how do the solicitors costs work?
Any advice would be much appreciated because my parent's are in their 60's and do not have the finances to take on Wimpey.
Buy a smaller car? The house builders are not responsible for the size of vehicles parked within these properties. The purchaser either purchase a home with a garage of the correct dimensions or buys elsewhere.
It is no mistake that they are fully aware that garages are on the 'small' side, but even when there IS the ability to park within with no damage, most folk prefer to use their garage for storage (as those houses have limited storage space anyway).
It would be fooling yourself to expect there is a 'standard' car. With most families having TWO vehicles, they don't expect to get both vehicles under cover, so issues of driving in and not being able to climb out easily are very real. Since it is up to the purchaser to satisfy themselves their house meets their requirements, this is more than counting bedrooms - the size of the garage is a major consideration.
AVOID GEORGE WIMPEY HOMES - Here's why!
and I had worked and saved very hard to buy our first place - sacrificed just about everything to do it. Got an agreed mortgage
Cole.
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Re: AVOID GEORGE WIMPEY HOMES - Here's why!
Originally Posted by HSBCrusher
Re: AVOID and BEWARE OF GEORGE WIMPEY HOMES - Here's why!
).
All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. 
If you feel my post has been helpful, please click my scales. 
. Also when next door shut their front door, our house rattles like mad!
