Hi phylis,

It would be great if you could rec. your litigation solicitor, but I don't know how to leave an email. By the way the http://groups.yahoo.com/group/berkeley-customers/

is brilliant for new build victims!

Thank you for your response Phyllis,

I have been trying to send you my e-mail address but it wont let me.

yeah have been sent legal papers and have the 14 days. My solicitor has asked me to send a copy of a monthly cashflow to him to forward to DLA, but i really dont know if this will help. When i received the papers i phoned DLA Piper explaining how we dont have the money and ended up getting upset on the phone but they didn't even care - we are only £££ to them!

Are you able to discuss what your defence is or how long this process has taken for you? When Dandara wrote to me threatening legal action they stated along the line of "..since you have no defence...judgement will be made quickly..."

How long ago were you served?

Phyllis thank you for getting back to me,

I have tried to send you me e-mail address but it wont let me. Maybe we wouold be able to talk through the Berkeley group?

My soliciotr asked me to send him a copy of our monthyly cashflow to show we have no money for purchasing the apartment or for damages, but i dont know if this will help. When i was served i phoned DLA Piper to explain my situation and ended up getting upset on the phone, but they didn't even care - we are just £££ to them!

Are you able to discuss your defence or how long this process has been going on for you? When i received threatening legal letters from Dandara they said along the lines of "...since you have no defence........judgement will be made quickly...."

Hi I agree the berkeley-customers forum is great but only for berkeley people - i tried to put up
details of my story but was told it was irrelevant because we were dealing with Dandara so I
have stopped trying to put info up - which is a shame because whats happening to me and you will
happen to everyone - the developers are now picking people off piece meal. Information is king
in this instance. It would be good to talk with you as a matter of urgency considering your deadline. kr Phyllis

Hi I also cannott understand the relevance of you producing a cashflow statement. All well and good to try to put your case to DLA PIPER but first you must attend to the desperate necessity of filing your court response. Your first priority is to send in your response to the court and to DLA PIPER that you intend defending your case if this is what you want to do. Its so
important that you do this within 14 days of being served and then to put your defence in within 28 days of being served
otherwise as is my understanding from our litigation solicitor the process of specific performance goes auto and you will
be served by the court. It seems that everyone has a slightly different case and we are in contact with a large number of other people in the same position - It would be useful if we also had a Dandara forum running but I certainly do not know how to set this up. Hopefully someone who is computer savy can do this - I would be more than keen to post my experiences so far - These matters often come down to case law and inaccuracies in contracts etc. kind regads Phyliss

Hi i have tried leaving a message on this forum to help you but they wont let me ask you for your phone number either aparantly it contravenes their rules - I will try posting up something on the berkeley homes site you mentioned

kr phyllis

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I hafve tried a few time to leave my e-mail address but it wont let me, maybe on the berekely site we could talk and exchange contact details?

only signed up to join last night and waiting for confirmation i can join, hope to have it today so will try and message you this evening.

if that is ok?

Thanks again.

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Hi ... I'm interested to know from you, designman, you say that the contract is heavily balanced in the sellers favour..could you tell me in what way, as I am due to complete on this development
... also I paid my 10% deposit with an Exchange Bond who have since gone bust!! The solicitors are looking into whose liable in such a case....does anyone know anything about this... I am finding it hard to know what to do at present... i have applied for a mortgage (no idea whether I'll get one or not... not much choice for new builds!) and weighing up the costs of on one hand crippling myself trying to find an expensive loan for the deposit ,or on the other, just waiting to see what the outcome of the exchange bond is.....
I don't know if this makes a difference , but originally the exchange bond had a time value of 18 months expiring in Sep/oct 08.... completion of Cranfield mill was due in Aug08 ...
In a nut shell I have to weigh up getting a loan for £25000 for a deposit ,or seeing what it would cost to get out of it!
Also , does anyone know how much it costs to pay a good mitigation lawyer for a case like this? £5000, do you think?
Any advice greatly appreciated on any of these points. Thanks

Phyllis,

I've been over to the Berkeley-customers forum and I don't see where anyone told you that the details of your story was irrelevant. In my experience on that forum, everyone has tried to be helpful regardless of the builder people are having problems with. That said, some people are having different experiences because of who the builder is. As the chap over at the Berkeley forum said, none of the Berkeley purchasers have been sued yet and Berkeley may pursue a different strategy with their buyers. They may wait longer to sue them as they don't have a lot of debt like most other builders in the UK.

Regards.....

Cranfield,

I've also bought in Cranfield Mill so would be interested to hear what stage your at, who your solicitor is and other pertinent info. Have you joined the Berkley yahoo group mentioned here at all? If so I'll contact you via that.

Gary

havnt been served with completion notice yet. Still waiting for news of so called developers loan if it ever comes. My morgage offer runs out in june. Still trying to get together money to cover shortfall so i dont need developers loan if i am forced to complete.

Trying to get myself in the best position to complete if i need to / am forced to that way i will have all options open to me and be in a strong position to barter do a deal refuse developers loan if its a load of rubbish.

If my mortgage offer runs out and situation not sorted i will be deep in the **** and will definatly not be able to complete (mortgage offer is likely . Not bothered getting involved with berkleys forum - its a different site , different developer dont see the point. I would be interested in hearing from anyone who has started legal proceedings or who is being sued by a developer yet, as yet there has been no president set and i have the feeling that all developer are waiting to see what everyone else does.

Its not in their interest to sue - they wont get anything out of it, are unlikely to win against individuals and will get very bad press from it.

I have paid a 15k deposit cash for a flat price of 150k . My mortgage offer is 75% of the down valued valuation. I have to find a crippling amount of cash on top of the 15k i have already put down for a flat worth a lot less than 150k.

If you read the contract all the clauses are written in the developers favour. They can choose when to complete , when to serve notice and it is explicit in terms of what can be done in terms of non completion. The contract states how the purchaser can be sued and the levels of charges etc. that can be levied against the purchaser.

The only massive benifit in the purchasers favour now is the credit crunch which no-one could have foreseen. (force majour)

It wont look good for a developer to sue someone who has no remedy to the situation and who is not at fault

The developer will only let you get out of it if they get what they want and cant see any way of getting more i.e. you pay them some money and there is no way of getting more from you.

I am interested to know what type of flat have you got and what was the purchase price, what valuation have you had on it and what mortgage you have managed to get on it.

Hi, not sure if I am of any interest to any one posting. I have posted before but I am looking for anyone who has been or is being sued by Scottish Builder....TAYLOR WIMPY. As I do not know how to link to my previous post quick summary of my situation:

Bought of plan - unable to complete as I could not secure mortgage. Wimpy have now issed an INITIAL WRIT, which invlolved me having to seek legal advice. They advise that the contract WILL stand up in court and my only chance of defence is the amount of money they claim to have lost.

Am I on the wrong forum for Scottish Purchases.

Designman, Cranfield,

I mentioned the Berkley yahoo group only as a means of getting in touch with each directly rather than communicating through here. It'd be very useful to see how our individual stories stack up against each other etc and to see what (if anything) we can do to move things in our favour.

Gary

Hi Gary, designman

yes ok..if thats the only way...will try to sign up.

i am supposed to be a purchasing a 1 bed appt ..have applied for a mortgage (already been refused by 1 lendor!) and am now waiting to see about another. will say more details to you both privately.

bye for now