Crappy Wimpey homes UPDATE on the UPDATE

[fred]

Yorkshireman - Give them the week, afterall, the poor fellow needs to go to church at the weekend.

Then suggest that maybe it would be quicker to settle in court if they have not come up with a suitable proposal. Dont say you will see them in court, just it may get resolved quicker.
You don't need to go to court, but if they don't want to it might hurry them along.

Do you have any legal cover with your bank, insurance policies (including car - they may help), union, pension scheme, etc?
If you do, use them - you've paid for it.

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So you have on tape one saying "No-one in yorkshire complaining" & another saying "Open the floodgates"?
If you do, I'd think your'e on a winner, especially if they were both aware the conversation was recorded.

[geoffthechef]

ISSUE a small claims court claim for under 5k to pay for the soundproofing..cost to you £250 and you represent yourself..Balance of probabilities is the burden so a very easy hurdle to jump to get a victory...Then when they do not pay go for a bankruptcy order....You also have the pleasure that each side pays for costs in 99% of cases...use moneyclaim online....Take no crap off them...They will start to listen to you..

[Yorkshireman]

They have come back with an offer to soundblock,plaster and decorate the bedroom and en-suite which are the 2 worst rooms,they want me to sign a declaration stating that will be the end of the matter and they will not visit again.When they have received this they will instruct a company to contact me and arrange the work.They made it clear this is further than they normally would go for anyone which makes me think they know there is a major problem.I am airing on the side of caution and leaning towards taking the offer,would you?

[Perpetua]

I probably would Yorkshireman, if only to bring to an end the hassle it's caused in my life, if it were me.

But, I'd also be worried about signing that bit of paper . . . . what if you have further problems, then you're pretty much stuffed aren't you.

What does your wife think? Would this deal make life sufficiently tolerable for you both?

[fred]

I would not sign until the work is completed to your satisfaction (although this could prevent the work taking place)
If you do sign, get a 'legal bod' to check out this would not stop you claiming for different problems, before you sign.
(Did you find any 'free legal help' from any bank/insurance/etc? If not, could one of your children (sorry if you don't have any - just brainstorming) or someone pretend to have the problem, and seek free advice on one of their polices?)

It may be worth finding out which company they will instruct to carry out the works - how confident are they, that they can solve the sound problem?
Will they guarantee the work, so if there is still a problem, would you have recourse to call them back out, rather than wimpey?

It sounds like you've got them on the run, Yorkshireman - keep at it - you'll get there 

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Do wimpey homes build wimpey homes? 

[Bluefish]

solicitor require methinks

[markm]

I would get paid legal advice, and peruse wimpy for that too, they have caused the problem
And you are entitled to the best advice at their expense.

[Yorkshireman]

Well i received the agreement today and it says the have agreed to do the ceilings not the whole room as i was told on the phone,i repeatedly told them we had already had the ceilings done at our expense and needed the walls doing,not signing the agreement and have e-mailed them AGAIN.

[Yorkshireman]

Aug 29, 2013 21:35:36 GMT Perpetua said:

I probably would Yorkshireman, if only to bring to an end the hassle it's caused in my life, if it were me.

But, I'd also be worried about signing that bit of paper . . . . what if you have further problems, then you're pretty much stuffed aren't you.

What does your wife think? Would this deal make life sufficiently tolerable for you both?

My wife would just like a quiet nights sleep,she admitted she would have given in a long time ago,however the agreement is not what was agreed,the saga continues.

[Yorkshireman]

We would have liked the kitchen doing as well but we agreed a compromise,however the ceilings were not the compromise,i can see this getting messy.Anyone know a cheap solicitor,according to the management co of the apartments the building insurance doesn't cover us for legals.

[Karma]

In Scotland anyone is entitled to a free 30 minute consultation with a Solicitor that does Legal Aid work, regardless of the amount of money you earn. CAB keep a list of solicitors participating in the scheme.

Not sure if you have similar in england?

[dinamic22]

I would look in to hiring a solicitor that specialses in Building & Construction Law Yorkshireman, that way nothing will get by them they will know how to sort out your problems, i have just googled Building & Construction Law Solicitors in Leeds & quite a few came up.
Then i googled querying free 30 minute consultation & one of the answers was this: www.takelegaladvice.com/news-and-information/legal-guidance/-/How-do-I-get-free-advice/
Hope it helps.

[Yorkshireman]

Thanks Karma and dinamic i will look into that depending on what they say in reply to my e-mail.

[4madcats]

At last your starting to see some movement, even if they still can't get it exactly right. The trick is now to stick to your guns & remain polite but firm, very firm when you have to be but always polite.

Re the terms of the agreement, think of it in terms of a contract were both parties have to hold up their side of the agreement, so if you do have the work done & it doesn't do what it says on the tin then you can still take it further providing they've made the claim that any work will solve the problem & you made it plain that that's your expectation, I know it sounds like common sense but sometimes these things really do need spelling out in the simplest terms. I'd probably be asking/insisting for some kind of guarantee re any work done.
 
It should also only be specific to the problem it's addressing, it can't exclude you from raising problems about any other issues that may crop up in the future as no private agreement/contract can legally ask you to sign away your statutory rights.

[Perpetua]

Aug 30, 2013 10:51:06 GMT Yorkshireman said:

Aug 29, 2013 21:35:36 GMT Perpetua said:

I probably would Yorkshireman, if only to bring to an end the hassle it's caused in my life, if it were me.

But, I'd also be worried about signing that bit of paper . . . . what if you have further problems, then you're pretty much stuffed aren't you.

What does your wife think? Would this deal make life sufficiently tolerable for you both?

My wife would just like a quiet nights sleep,she admitted she would have given in a long time ago,however the agreement is not what was agreed,the saga continues.

For what it's worth, I think if you've the will to continue the ' battle ' then that's the right decision Yorkshireman . . . this was Wimpey's first pass at even attempting to resolve some of your problems. If pressed further, who's to say what they may offer that could be considerably more satisfactory for you.

I'd also echo everyone's advice on seeking professional legal guidance, even if you did have to pay a Solicitor for a couple of hours of their time, it would be money well spent.