phyllisIOM

I seem to recall that in one of your previous posts you mentioned that you were likely to be going into Court towards the end of last year to challenge your developer.

Did the matter get heard and if so, I'd be interested to know how you got on?

To add insult to injury, I read last night (London Lite) that Boris is planning on scrapping the Olympic Shooting venue in Woolwich to save money. That will make it three in a row, First the Gateway Bridge, then the Transit and now the Olympics, he must have something against this part of London!!. On this news you can expect the prices at Berekeley Woolwich Arsenal to drop even further in price.

Look at BerkleyHomeCollective for some helpful advice.

Hi, I have been with my solicitor to-day, as I have been refused Legal Aid she has suggested that I settle with the builder George Wimpy,as she reckons I have no defence. (This is the reason I was refused Legal Aid!) It would appear that I have no option other than to come to a deal with Wimpy or go bust????

A professional negligence solicitors is looking at a class action against certain developers and property clubs for over valuing buy to let properties.

This is what they state on their website:-

'Inside Track, Property Investment Club and Challenor Property Developments, brokers such as Dylan Harvey and developers such as Dandara and Bovis Homes are names that appear time and time again. It is clear that certain surveyors routinely supplied inaccurate valuations which mis-led buyers.

Hi guys. Rhetorically, do we have any people who bought in the St James' Silkworks development out there? If you've not already done so then head over to the berkeleyhomescollective, verify yourself under the REGISTER tab and use the dedicated group forum to discuss what your plan of action is with your fellow Silkworks homebuyers. Rgs SD

Please can someone give me some advice long story cut short basically i brought an off plan flat in Leeds in 2006 from a company who brought flats from the developers. This company also appointed a solicitor to act on our behalf. When i went to sign the first contract my solicitor failed to tell me that i was entering into a legally binding contract . I also paid my solicitor 10% deposit of the purchase price and i recently discovered that the developers only recieved 5% of it. I have been decieved by the solicitor and the company who i brought the flat off as a result the developers took me to court and they have now issued a summary judgement against me ! Does anyone know what i can do now? Please help me !!!

I have set up new discussion forum on the Berkeley Collective Homes website with a view to trying to progress discussions. Please Claradam can you post to this forum? Many thanks

Kat

Hi All

Can't complete? Builder rescinded contracts? Legal threats?

The Berkeley Homes Collective is made up of homebuyers like you. We're being hounded by Berkeley Homes who have rescinded our contracts and run off with our deposits.

Our next meeting will be held at the Crosse Keys pub near Bank tube in London on Saturday 19th Sept @ 12pm. Please see the web site for directions (click on our username on the left and you'll find our details in our profile). The meeting will be held in the conference room at the back.

Bloomberg have asked if they can join us that day and will be coming along at 1pm. They will be looking for volunteers to talk to them on and off camera for a programme they are making looking at the new build crisis and how its affecting real people, in contrast to all the rosy results CEO's like Tony Pidgley have been announcing in recent weeks and proclaiming there isn't a problem in the new build sector. As we know, there are two sides to every story so please do come along and talk to the crew if you want to.

This will be an open meeting, so those of you dealing with other builders are also welcome to attend.

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you could also log on to the berkeley homes collective site on yahoo

Claradam:

Dear Phyllis and Kat 13

Do you have any suggestions in how we can converse one to one?

The only option I can think of is for Phyllis and Kat 13 to add an email address to their profile. They can do this by editing their community profile when logged in. The edit button is on the community page http://www.moneysupermarket.com/c/news-and-community .

Then when this is done, Claradam, you can see their email address if you click on the forum names shown on the left hand side of their posts. You can then if you wanted, send them an e-mail with your contact details.

This is probably preferable to you, than having your details on this forum. As a barrister if you did this, you might get lots of other e-mails.

Huckster

Dear Phyllis and Kat 13

I am a Barrister and have had considerable experience in the problem of current completions. I would be happy for you to contact me but clearly cannot give my personal details on this forum.

Do you have any suggestions in how we can converse one to one?

Regards

Hi Phyllis

I am in exactly the same position as you in the Spectrum projetc and am really really worried about how it is all going? I even have concerns about my solicitors who are Colemans?

I would really like to get in touch with you and if possible join in any action you are planning to take against the developer.

I am afraid that you are wrong here; there is considerable precedent in this field. The court can make an Order for the return of deposits under s.49(2) of the Law of Property Act 1925. This will only be done in exceptional circumstances where there is some fault (and a high level of fault is required) on the part of the seller. see Aribisala v. St. James Homes (Court of Appeal 2007).

The NZ case is of persuasive precedent only and is clearly distinguishable on its own facts.

If there has been mis-selling, misrepresentation or any REAL Defences to be alleged against the developer, that is an entirely different matter.

I agree that this doen not set a precedent in the UK but there is no precedent here at the momemt and NZ is based on English Law. In fact EU directives are much tougher on what is classed as acceptable marketing - eg disclaimers must be given equal promotion as the advert itself eg risks on investments. Many developments have been sold in an equally if more aggressive way and will be interesting to see how the courts react. Recent case law has taken a very hard view on misselling eg endowements and insurance on loans.