Author Topic: Persimmon Homes - Subject Access Request  (Read 8406 times)

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housestar

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Persimmon Homes - Subject Access Request
« on: June 13, 2013, 03:11:38 pm »
Has anyone had any success in requesting a Subject Access Request from Persimmon Homes?

We have had nothing but serious problems for nearly two years and are considering making a claim against Persimmon Homes.

We would like to gather as much evidence as possible to support our claim, but Persimmon have said that have never had a Subject Access Request and don't keep anything on file, and that all issues with our property are discussed only over the telephone with contractors ??


Philofacts

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Re: Persimmon Homes - Subject Access Request
« Reply #1 on: June 14, 2013, 09:33:45 am »
House builders really annoy me when I learn of the absolute lies they tell their customers!
They make obscene profit margins, with the help of government subsidies like Help-To-Buy and yet they continue to treat their customers with complete indifference.

It is clear Persimmon Homes are lying to you.

For a start, companies are legally required to keep and retain records for tax purposes.
Then there is the warranty, which runs for ten years.
It would be in Persimmon's own interest to keep copies and records of all work done on the house – and they do!!! 
In addition there would be records of the design, approvals, test certificates, materials, specifications, price paid etc etc. 
Normally this will be in your PLOT FILE.

It is a complete nonsense that Persimmon claim that all this is done over the telephone!
For a start, it is company procedure that buyers are required to notify Persimmon in writing of any issue they have with the home. (so there is a record!) 
How Persimmon "manage" their contractors is up to them, but there would be records of telephone calls made to contractors and staff regarding any customer complaint.

Furthermore, whilst it may be possible that your Persimmon regional office may not have received a Subject Access Request from a customer before, as a company they almost certainly have. 
Regardless, Persimmon cannot stop you making a Subject Access Request and once you have, they are legally required to provide you with all the information they have regarding you and your Plot.
It would appear that Persimmon are attempting to put you off making a Subject Access Request and you may like to ask yourself what they are trying to hide from you?

If you are still within the first two-years; you could make a claim against Persimmon using the Consumer Code for Home Builders.
It is low cost (£120 and you can claim that back!) and relative quick around 8 weeks.
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housestar

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Re: Persimmon Homes - Subject Access Request
« Reply #2 on: June 14, 2013, 11:16:56 am »
Thank you for posting a reply.

We are still within the first two-years.
Before I attempt a claim against Persimmon using the Consumer Code for Home Builders, should I send them a formal Subject Access Request in writing?
At the moment I have emailed one to them and they ignored it which is why I followed it up on the telephone and was told that they have no information.

Instead of talking to the Customer Care Manager, I now have the address for the Managing Director at their regional office, and I see on this site that they must deliver the information requested within 40 days.

Philofacts

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Re: Persimmon Homes - Subject Access Request
« Reply #3 on: June 15, 2013, 09:27:34 am »
Before you take any action, it would be advisable to make a Subject Access Request. 
This must be (and can only be) done in writing and you can find a Template letter here

You should send it addressed to the Data Protection Compliance Officer
I doubt every regional office has one, so send your request to the Persimmon Homes Registered Office:
Persimmon plc, Persimmon House, Fulford, York, YO19 4FE
Telephone (01904) 642199 Fax (01904) 610014

To speed things up, you could also send a copy marked "copy to the Persimmon Regional Managing Director" Find regional MD's name and office addresses here.

When you receive the information, you could find that you have a great deal of evidence to support a claim for compensation using the Consumer Code (if Code requirements have been breached) and/or  your claim in court proceedings.

In any event, making a Subject Access Request is just one letter and £10 for you.
It will cost Persimmon a great deal more to comply and take a lot of time and effort.

If every unhappy purchaser made a Subject Access Request, all house builders would be far more customer focused at the outset, rather than choosing to be obstructive and dismissive as their preferred default action.
You never know, they may even discover that building better quality homes in the first place, actually saves them money in the long run!
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housestar

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Re: Persimmon Homes - Subject Access Request
« Reply #4 on: June 20, 2013, 07:37:40 am »
I've received a reply for the Data Protection Compliance Officer, requesting the £10 fee. However, they have stated that the request only relates to personal data.

What we are particularly interested in is –

- all information and correspondence relating to my property from my plot or home file(s)
- all correspondence relating to and costs spent on putting on remedial works and customer care
- correspondence between Persimmon and contractors relating to my property
- correspondence between Persimmon staff and directors regarding myself and our property Plot

…and they have said that it will therefore not deal with all the matters listed here.

I will still send the fee as we are keen to see what information we can get hold off. It's even worth it to have them actively doing something for a change instead of the usual excuses and cancellations.

As advised on another forum, our next step will be to instruct an RICS Buildings Surveyor to prepare a Snagging Report.

We will give Persimmon reasonable opportunity to address the problems. If they don't, we will then instruct a solicitor and work with the RICS Buildings surveyor to prepare a claim.

Since sending the letters we have discovered even more issues.

Philofacts

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Re: Persimmon Homes - Subject Access Request
« Reply #5 on: June 20, 2013, 08:42:17 am »
It is quite normal for a company to request the £10 fee. This is allowed and stops spurious repeated requests.
If you had used the template letter as suggested, you would have sent this and saved time.
It is true that such requests relate to personal data but that does include information about your property that is contained in the plot file and copies of everything relating to your problems with your home and the company.
This should also include all internal communications between the house builder's own staff relating to your property and issues. It is this, which can be the most revealing!

I am not sure why you need to know the cost of the remedial work and customer care.  This could be deemed to be commercially sensitive and I don't see why you need to ask for this.
However, your other requests are all valid and must be complied with. Persimmon cannot choose what they will and will not provide.

Make your Subject Access Request and send the £10, (use the template letter!) and see what you are given.
The postage will cost Persimmon more than £10!
My guess is that Persimmon will fully comply with the legal requirements of the DTA.

Please do not waste your money on an RICS Surveyor to snag your new home. 
You need a Professional Snagging Inspector, someone who carries out these inspections everyday and knows new homes the latest regulations and the bodges house builders do. Can I suggest Brickkickers as I know they offer a post inspection service with support and help getting the house builder to rectify the defects they find.

It would be a good idea when you have the snagging report, to set a realistic deadline for Persimmon to complete the works by.  Advise Persimmon that you are motivated to take legal action if the deadline is not adhered to.
Write to CEO Jeff Fairburn jeff.fairburn@persimmonhomes.com and send him a copy of the snagging inspection report. He should be embarrassed!
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