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Issued Claim against Taylor Wimpey


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Hi

 

I was hoping for some help and suggestions.

 

I have had great difficulty on getting taylor wimpey sorting out issue with our kitchen that they have fitted.

 

I have reported that there was a problem with the the kitchen cabinets which have started to swell about 3 months ago.

 

They have acknowledged the issue and are dragging their feet.

 

I have contacted NHBC who say that its between me and the builder if there is a problem within the first 2 years of the build.

I have all the communation in writing

 

they are hiding behind the clause that states that according to the contract I should allow them reasonable time.

 

I have issued court proceedings to force them to comply and questioned the fairness of the term under the consumers rights act.

 

I am yet to send out a full POC would appreciate your help in drafting one.

 

I have tried to seek legal help and am more than willing to pay for the cost but seems like i am in this fight on my own.

 

One of the lawyers i spoke to said they cannot take on my case when i asked why ?

 

are they too big for you ?

he said i cannot comment.

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Well we are very happy to help – but you will have to give us a lot more information.

 

Can you lay out in a simple bullet pointed chronology what has happened.

 

Also can you put up your POC in PDF form.

 

Of course you should have prepared all of this before you issued the claim. What day did you issue the claim? There is normally quite a tight deadline for serving fuller particulars of claim.

 

If you have actually issue the claim then we need to get a move on

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Thank you BankFodder it was issued today but I think i have made a bit mess regarding the costs. I was only seeking an order for them to comply any way attached is the POC

 

First Defendant

 

 

Taylor Wimpey South Wales t/a Taylor Wimpey UK Limited

 

Building 2

 

The Eastern Business Park

 

Wern Fawr Lane, Old St. Mellon

 

CARDIFF

 

CF3 5EA

 

 

 

Particulars of Claim

 

 

Breach of contract terms singed by the

claimant and the defended to repair or remedy

any faults reported to the defendant

within a resonable time. Unfair contract

terms imposed by the defendant under Section

62 of the Consumer Rights Act 2015. Order

under Section 23(1)(2) of Consumer Rights Act

2015

I will provide the defendant with separate

detailed particulars within 14 days after

service of the claim form.

 

 

 

Details of claim

 

 

Amount claimed

£25.00

 

Court fee

£25.00

 

Total amount

£50.00

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“I cannot comment” sounds like a client conflict.

It is the sort of thing they’d have to say if they also act for Taylor Wimpey, but are bound by client confidence, and they feel their duty of confidentiality prevents them from saying “I act for Taylor Wimpey”.

 

Try another solicitors. At the outset say “I am considering a claim against Taylor Wimpey, would you be able to act for me?”

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This issue started in October when all of the kitchen cabinets started to swell. I reported it to TW(Taylor Wimpey) in writing to which they acknowledged and said they will send someone out. At first it was a few cabinets and i attached the pictures to them in an email. After a few weeks all the other cabinets are swollen with moisture i would assume. I then reported to them about this and they said they will get someone out which they are yet to send somone out.

 

My I have had several email exchnages wth them in which they state they require reasonable time. Their customer service manager stated they normally rectify issues within 28 days of reporting to them. She said they were extremely busy that why she could not get anyone out.

 

Would it be worth me withdrawing the claim and issuing a new claim with more backup ?

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Ahh, you’ve already issued the claim.

That, too, might be a reason why, going forward, a solicitor might be wary of taking it on.

 

Yes I have but think ive made a mess from the outset

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I have no idea at first it started swelling around the areas of dishwasher and wash basin I allowed that and wouldnt care if they took their time fixing it.

 

I found out from the manufacturer that they glue the joins and ends of the cabinet doors so the water does not seep through.

 

Now the whole kitchen cabinets i am talking 15 odd doors are starting to swell from all corners

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Thank you BankFodder it was issued today but I think i have made a bit mess regarding the costs. I was only seeking an order for them to comply any way attached is the POC

 

First Defendant

 

 

Taylor Wimpey South Wales t/a Taylor Wimpey UK Limited

 

Building 2

 

The Eastern Business Park

 

Wern Fawr Lane, Old St. Mellon

 

CARDIFF

 

CF3 5EA

 

 

 

Particulars of Claim

 

 

Breach of contract terms singed by the

claimant and the defended to repair or remedy

any faults reported to the defendant

within a resonable time. Unfair contract

terms imposed by the defendant under Section

62 of the Consumer Rights Act 2015. Order

under Section 23(1)(2) of Consumer Rights Act

2015

I will provide the defendant with separate

detailed particulars within 14 days after

service of the claim form.

 

 

 

Details of claim

 

 

Amount claimed

£25.00

 

Court fee

£25.00

 

Total amount

£50.00

well I suppose I'm going to demoralise you but I have to say that it is pretty bad and mainly unintelligible.

 

The only way to rescue it is to get the additional particulars in as quickly as possible and this time do a decent job.

 

Sorry but you've been here since 2010 and I really don't understand why you didn't come to us first for some guidance so that you could get it right the first time.

 

I understand that you think that there has been a breach of contract and you are trying to get the court to order them to put things right. Let me tell you that that won't happen. The court will not issue an injunction for this kind of thing – and injunctions are very rarely issued anyway to force people to do things. Injunctions are almost always issued to prevent actions. Positive injunctions are extremely rare.

 

The only thing you can do here is to claim the amount of money needed to put everything right. Then the defendant, if they want, and if you still have confidence in them can offer to do it themselves – but I would only accept this under very stringent conditions.

 

I think you need to lay out more clearly exactly what has happened – and you better do it quickly.

 

Presumably this was issued on MoneyClaim and presumably you ticked a box which said that you would be supplying fuller particulars later on. Is this correct?

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So your claim is for £25 + £25 costs? Did i read it correctly?

 

" I have issued court proceedings to force them to comply and questioned the fairness of the term under the consumers rights act. "

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So your claim is for £25 + £25 costs? Did i read it correctly?

 

" I have issued court proceedings to force them to comply and questioned the fairness of the term under the consumers rights act. "

 

But, what is to stop the defendant saying “Great, the claim is for £50, sounds like a cheap get-out to me!”.

They pay the £50, since that is what the claim is for, and then use res judicata as a defence if the OP tries to claim for anything further!

 

OP does your claim actually state you want a mandatory injunction as well? That may be what you intended, but is it what you’ve asked for?

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Series of events

 

Taylor wimpey uses a third party supplier who does their kitchens. Ive had an issue with the worktop swelling which was replaced on the 11th September 2017. When I reported the issues initially to Tylor wimpey they advised to get in touch with the supplier directly to book and resolve the issue.

Initially the worktop was replaced due to poor workmanship. So on the

 

1 08/10/2017 I reported the issue of swelling kitchen cupboard doors to the supplier which they acknowledged. I set out my concerns regarding the quality of the material used and put them on 14 days’ notice to acknowledge and propose rectification of the issue. Heard nothing from them after that.

 

2 After no contact from the supplier I turned to Taylor Wimpey and made a phone call to them on 23/10/2017 at 09:54am who logged the issue and promised to send someone out to verify the reported issue. Initially logged the issue for 3 kitchen doors.

 

3 They did send out an engineer within the week however I do not remember the date (will ask the wife) but there was no outcome.

 

4 Having heard nothing back from them I sent Taylor Wimpey a complaint letter on the 08/11/2017 in which I put them on 14 days’ notice to propose resolution of this issues and advised court action upon failing to do so.

In my complaint I mentioned “I have reported to you the pealing of the bottom of the kitchen cupboard doors. This was initially reported for 3 doors however on closer inspection 80% of the Bottom cupboards and 1 of the top cupboard is now affected.”

5 Same day on 08/11/2017 I get a response from the customer service manager

“I am sorry to learn you have a problem with your kitchen units, and whilst we have 3 doors on order for you we are disappointed to learn that you have now noted further problems. We will, of course investigate this matter fully with the manufactures, who will wish to inspect the problem you are now reporting.

 

We are sorry to learn you have a further fault with your front door and are happy to address this too under the terms of your warranty. Please can you advise exactly what the new issue is with the door, and I can get an engineer to you Monday morning if this time suits.

 

In relation to the drains, I am sorry that the covers are raised and your daughter fell over. Unfortunately this can sometimes happen with ground settlement on new homes. I will certainly ask the contractors to return to reset the existing drains, however the covers you have fitted are the correct ones as per our standard specification.

 

I would like to reassure you that we are fully committed to fulfilling our obligations under the terms of the NHBC warranty which is the legal contract that you entered into with us. This means that we will rectify a valid defect in the first two years. The warranty also stipulates that the house builder is given access and sufficient time in order to rectify the defect.

 

Therefore please advise me of some suitable dates and times that we can arrange for the kitchen manufacturers to attend to inspect the kitchen, and we will be happy to set up the appointment. “

 

6 I respond to the email with below response on same day 08/11/2017 (Please bear in mind I was dealing with a door related issue with them too)

“Please let me know the best time you or your agents can visit to inspect the issues reported and I will make myself available. Please try and avoid school run times if possible.

I would like to make you aware of your obligation under the Consumers Rights Act 2015 which extends beyond your obligations under the NHBC contract.

 

Can you provide evidence of your contractor having replaced the door mechanism? I am really curious to see the parts replaced which I will have independently verified.

 

"The warranty also stipulates that the house builder is given access and sufficient time in order to rectify the defect."

 

It is fair to say that I have given you sufficient time and access I do however believe this is becoming more of an inconvenience and brings into Question the quality of material and workmanship. Your response time to rectify is terrible which brought this complaint into light.

 

I would like you to give me a date/time when the kitchen doors and front door will be fitted merely giving you sufficient time does not mean you have indefinite time therefore 14 days for rectification and or proposal to rectify is generous enough.

 

7 Having no contact since 08/11/2017 to propose the new appointment I sent the below email and have heard nothing from them since

 

“Would you please please let me know when would you send some one out have a look at the kitchen cupboard doors? as more of them are starting to swell.

 

Since the door engineer did not find a fault with the door as it could be due to the "Weather", it is unfortune but this has become an intermittent fault I did request you to provide evidence of the previous visit by your agent and a full break-down of the items replaced.

 

Also we had the work-top replaced by Manhattan most recently and since they act as your agents, as part of the replacement they had to remove and fit the gas hob back on. I have 2 children who live at home therefore for my piece of mind I would require you to send me a copy of the Gas Safety record.

 

I await your response to advise me of the visit and the request for evidence and Gas Safety record. “

 

8. On the 08/12/2017 dealing with a separate issue with Taylor Wimpey I get a phone call from the customer service manager who “would like to resolve all the issues” since its easier to speak sometimes. Mind you by this time I have already done enough speaking to them and decided to keep everything in writing. In this phone call being extremely calm I asked her the definition of sufficient time to which she mentioned 28 days ideally. When I asked when the issue was about the kitchen doors etc she mentioned we are extremely busy blah blah and its being looked at but they is no date. But she will chase it up for me and give me a call.

 

On s separate note I made a SAR and it seems like they haven’t logged this with the supplier at all so I have requested this information under noncompliance.

 

Hope this information is sufficient BankFodder. When the complaint was logged I made my intentions clear about following this matter up in the courts which should satisfy the requirement of CPR pre action protocol

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But, what is to stop the defendant saying “Great, the claim is for £50, sounds like a cheap get-out to me!”.

They pay the £50, since that is what the claim is for, and then use res judicata as a defence if the OP tries to claim for anything further!

 

OP does your claim actually state you want a mandatory injunction as well? That may be what you intended, but is it what you’ve asked for?

 

I can stop the claim and issue it again if that makes it easier I am yet to send out a full POC which is why i posted on here

 

So your claim is for £25 + £25 costs? Did i read it correctly?

I am new to this i just want the court to force them comply with their terms thats all so did not know what to claim for

 

well I suppose I'm going to demoralise you but I have to say that it is pretty bad and mainly unintelligible.

 

The only way to rescue it is to get the additional particulars in as quickly as possible and this time do a decent job.

 

Sorry but you've been here since 2010 and I really don't understand why you didn't come to us first for some guidance so that you could get it right the first time.

 

I understand that you think that there has been a breach of contract and you are trying to get the court to order them to put things right. Let me tell you that that won't happen. The court will not issue an injunction for this kind of thing – and injunctions are very rarely issued anyway to force people to do things. Injunctions are almost always issued to prevent actions. Positive injunctions are extremely rare.

 

The only thing you can do here is to claim the amount of money needed to put everything right. Then the defendant, if they want, and if you still have confidence in them can offer to do it themselves – but I would only accept this under very stringent conditions.

 

I think you need to lay out more clearly exactly what has happened – and you better do it quickly.

 

Presumably this was issued on MoneyClaim and presumably you ticked a box which said that you would be supplying fuller particulars later on. Is this correct?

 

This was the issued on the money claim online yes. The claim amount is not correct i got confused and understand i should have come here to ask for guidance before hand.

 

As mentioned before i can stop the claim and have it re-issued again and pay the court cost ? please advise the best course of action

 

Reading some more something else that got me worried was Lewis and others v Ward Hadaway [2015] EWHC 3503. :shock:

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I think you should stop the claim. I don't expect it will be easy. You will have to call the court office immediately and explain to them that you have made some fundamental errors and that you cannot proceed.

 

Confirm in writing with them – by email if possible and also by letter.

 

Let us know what they say.

 

Secondly, you should get two quotes for remedying the situation even if it means stripping the kitchen out and replacing it. The quotes should each identify the cause of the problem.

 

Once you get the value of sorting it all out, – that is what you should be suing for.

 

If they won't withdraw the claim then you will have to get these quotes as quickly as possible and then include that in your additional particulars of claim. However, it won't look very good and it won't be very effective.

 

Whatever happens – whether you managed to stop the claim or whether you have to proceed, you will have to get these independent estimates and diagnosis before you can go any further.

 

Frankly because you are going to be claiming so much more than £50, the court fee will be considerably higher. Tell the court this as well and tell them that basically you have screwed the whole thing up

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I have 2 traders coming in to give me a quote after inspection today and tomorrow. Ill withdraw the claim as you suggested there is an option to do this online on MCOL should i select to do

Discontinued

You can discontinue your claim for one or both defendants but not after judgment has been entered. Discontinuing the claim means you cannot pursue the defendant/s further with this claim.

and

 

Please confirm that you are compliant with section 38 of the Civil Procedure Rules.asterisk.gif

 

 

 

After selection this will i be able to issue the claim again ? BankFodder cost of issue is not a problem thanks for your suggestion

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We could do with some help from you.

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Does this mean I would need the permission of the court to re -issue the claim again as it would be significantly smilar

 

38.7 A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if –

(a) he discontinued the claim after the defendant filed a defence; and

(b) the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim.

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Well they have not submitted a defence so a is not applicable.

 

With regards to b you need to enquire with MCOL should you be discontinuing or can you simply amend the amount claimed.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part17

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I would like to proceed on the basis of CPR17(1) A party may amend his statement of case at any time before it has been served on any other party. if possible @BankFodder I cannot get through to MCOL they are busy and the line cuts off. Can I ammend and pay the fee difference or can a clause be added to for the claimant reserve the right to add additional cost when it becomes clear ?

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Well they have not submitted a defence so a is not applicable.

 

With regards to b you need to enquire with MCOL should you be discontinuing or can you simply amend the amount claimed.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part17

 

managed to contact MCOL they advised that they are not allowed to provide legal advise on whether i should discontinue the claim or not. But i did get a link to ammend and resend the claim which will cost £100 which is fine but is this the best course of action ?

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...but you still dont have a true figure amount to claim until you get your estimates ?

 

May be advisable to discontinue until you are in a better position to submit an accurate claim. ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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