NIGHTMARE BUYING NEW DAVID WILSON HOME

[Kathie]

I wonder if anyone else has had an experience like mine - or if not, to warn prospective owners of David Wilson Homes

I put a deposit down on a David Wilson Home while trying to sort out a mortgage at the end of April - as they told me that there were only two of the house type I wanted available on site.  This was fine I also understood that I could potentially lose £150.00 admin fee if I had to pull out.

On the 5th of May they asked me to go in and choose "extras" for the house... it transpires that things like shower over the bath and  flooring etc are all extras!  Once I had completed my "extras" list this came to £26,000!!! However I was keen to have the house of my dreams.  They then told me that I would have to pay £6,054 deposit on these extras there and then otherwise I would have to have the standard house!  I was concerned about this as the house isn't due to be ready until September and didn't even have walls up yet!  They told me that there was no choice if I wanted the upgraded kitchen/shower over bath nice tiles etc.  I told them that I was concerned because I hadn't even got a firm mortgage yet (it was still being processed) and hadn't even exchanged contracts!  The sales lady said not to worry as "David Wilson Homes would not like to look bad, and I would get my money back"
I stupidly felt reassured by this -

A couple of weeks later they started pressurising me into exchanging contracts, this I could not do as I had not got my firm mortgage offer - they therefore said that they would re-market the property.  I was obviously upset as and said that I could not take the risk of losing the £6,054 and wanted my money back    They Refused!!

They first of all they said that if anything had been ordered I wouldn't get my money back I therefore phoned head office and spoke to a Sales Manager who told me I would get my money back as long as nothing had been installed in the house!  I was distraught so went immediately to the house and took pictures.  Nothing had been installed.

The next thing I get an email from my solicitor (who was allegedly working for me but it seems was in cahoots with David Wilson Homes) to say that my house had been sold to someone else and could she please have £300 for the work she had done for me to date! (Plus I had spent £118.00 on searches).  I had already asked her to help me get my money back and she had done nothing!

David Wilson Homes had not had the decency to tell me that the house had been resold OR return my deposit let alone the £6,024!! Nearly two weeks have passed and I have been up to the site asking for my money back and again been told that if anything has been ordered it will be up to the "goodwill" of head office if I get my money back or not!

This is theft!  I did not sign any contract for the "extras" and cannot find any mention of this is in any of their paperwork.  I do have a receipt which I have sent to David Wilson Homes.  I am so upset and angry as I have paid £6,054 for someone else to enjoy an upgraded kitchen! All because they could not wait a couple of weeks for my mortgage offer - which came through on Friday!

The tactics these builders use is dubious to say the least.  Can anyone suggest any help with this?   and PLEASE everyone else beware do not be sucked into the mess I am in.  Lessons to learn
DO NOT USE THE SOLICITOR THEY SUGGEST find your own - and DO NOT PAY FOR EXTRAS unless you have everything in place to proceed to completion.

Kathie

[New Home Expert]

Reading your story, it is disgraceful the way David Wilson Homes has behaved. Most housebuilders do require exchange of contracts within 28 days. They would not have been so hasty in a different market.

With regard to the extras, you should get the £6,054 refunded. It is inconceivable that the extras have been ordered or fitted in this home at that stage. In addition, no housebuilder would even think about extras until after exchange of contracts at that time the £6,054 should have been paid not earlier.

It is common that sales staff get huge commissions for selling so-called "optional extras" I have always warned these are always overpriced. I have also repeatedly warned against using the housebuilder's recommended solicitors!   In fact I believe such is the conflict of interest, this should be banned by the SRA. I believe you should tell your solicitor that they had a conflict of interest and unless they waive their charges (you will have to pay the searches fee) you will report them to the Law Society!

The good news is, David Wilson Homes have breached the Consumer Code for Homebuilders. I suggest you write to the CEO David Thomas at Barratt Developments PLC Kent House, 1st Floor, 14-17 Market Place, London W1W 8AJ and tell him that if you do not receive a full refund of 1) Reservation fee, 2) extras deposit and 3) Searches and any other costs you have incurred, you will be making a claim using the CCHB which is now free for homebuyers.

One thing is for sure - David Wilson Homes do look bad!

[Kathie]

Thank you for your advice

I will do all those things today!  and will update you on the progress.

Regards

[Kathie]

I have now heard back from David Wilson Homes after writing to their CEO.

They have only refunded me £3,091.49 and still owe me £2,972.55.  I have escalated the complaint through the Consumer Code for Homebuilders and they have sent me forms to fill in.

I have also asked the sales manager (who phoned me yesterday to tell me "she has decided that all I am entitled to have back is the £309.49" ) for an itemised list of what the £2,972.55 consists of - she seemed surprised! So was trying to argue with me on the telephone, but I told her to put everything in writing and I did not want to speak to her on the phone.   

I am in shock that this money can be stolen from me for something for which I will have no benefit!  I am also 100% sure that I signed no contract for these items  - nor is it mentioned in the Reservation Agreement.

I can't believe I have been so stupid and that David Wilson Homes are such thieves!  Everyone needs to be aware of this pitfall.  I can't afford to lose this money as I still need to find another house to buy!

[New Home Expert]

It will be interesting to find out how much you get with your CCHB claim.
You have on the face of it a nailed on success in my opinion.
At least it is now (from June this year) FREE for you to claim.
Don't forget to add £500 for your  "inconvenience" as they don't award anything for compensation.