CreateP Posted May 13, 2009 Share Posted May 13, 2009 I have also bought into College Court and as you can see from the hour of the morning im typing this it is causing me quite a bit of concern! If there is a surveyors report out there i would be very interested in getting more information on that. I am happy to join with any other purchasers to see where we can take this. Quote Link to comment Share on other sites More sharing options...
VedantaTrader Posted May 13, 2009 Share Posted May 13, 2009 Just an update we have been advised to serve a notice to complete for 5 days. The carpets are being fitted end of April so they have been working away.also apparently the development which was completed sometime last year College Central opposite College Court Central is the new red light district. At last some positive news for this area!!! Quote Link to comment Share on other sites More sharing options...
screw them haha Posted May 13, 2009 Share Posted May 13, 2009 I have also bought into College Court and as you can see from the hour of the morning im typing this it is causing me quite a bit of concern! If there is a surveyors report out there i would be very interested in getting more information on that.I am happy to join with any other purchasers to see where we can take this. Don't worry there is not just one damning report there is several!!!!!!!!!!!!!!!!!!!!!! Quote Link to comment Share on other sites More sharing options...
College Court Central Belf Posted May 13, 2009 Author Share Posted May 13, 2009 Hi Barry,Just found this site by chance today, I got a completion date for the end of april, I have been advised by a my barrister who is considered one of the best in Belfast High court, that they "screwed themselves " when they give me a completion date! When I could have completed and clearly they could not. FYI in the contact it clearly states that the builder must vacate the site and not just the dwelling. So we have got them. I believe that floors 1 to 4 got completion dates. It comes down to this me being able to complete and them not. I have a damning suveryors report. Hi there screw them haha! I too had a completion date for end of April, my barrister is of a similiar opinion, with a few good surveyors reports which clearly show that they were not in a position to complete (any photo of the place shows that! (we also got photographs of the upper floors not complete!!!) (im open to exchanging reports) proof that I can complete, which I have, (and another 5 or so others I know who are with the same solictor) we could easily take them. I could show them that I can complete and they would realise they wouldnt have a leg to stand on, however I am sorely tempted to take them to court, each of us individually and let them incur court costs, and more interest on our money which is clearly owed. Other damages can be claimed also. They have dragged their feet and its time for them to pay the price. This is a clear cut case, governed by basic law principals, more than adequate evidence thats they are nowhere near ready and my ability to purchase. Let me know your thoughts. Quote Link to comment Share on other sites More sharing options...
screw them haha Posted May 13, 2009 Share Posted May 13, 2009 Hi there screw them haha! I too had a completion date for end of April, my barrister is of a similiar opinion, with a few good surveyors reports which clearly show that they were not in a position to complete (any photo of the place shows that! (we also got photographs of the upper floors not complete!!!) (im open to exchanging reports) proof that I can complete, which I have, (and another 5 or so others I know who are with the same solictor) we could easily take them. I could show them that I can complete and they would realise they wouldnt have a leg to stand on, however I am sorely tempted to take them to court, each of us individually and let them incur court costs, and more interest on our money which is clearly owed. Other damages can be claimed also. They have dragged their feet and its time for them to pay the price. This is a clear cut case, governed by basic law principals, more than adequate evidence thats they are nowhere near ready and my ability to purchase. Let me know your thoughts. Hi there I have been advised not only to sue for my deposit, interest, stress, disappointment but also loss of earnings as I have been on unpaid leave since April when I was ready to move into my apartment!!! Quote Link to comment Share on other sites More sharing options...
RockyBalboa Posted May 13, 2009 Share Posted May 13, 2009 (edited) Hi there I have been advised not only to sue for my deposit, interest, stress, disappointment but also loss of earnings as I have been on unpaid leave since April when I was ready to move into my apartment!!! Hi there, quite excited by recent posting about College court. I've bought in James Clow and as far as i recall the completion date was end of my this month but its been delayed until november. I'm hoping I can do as you have done and get them for breach of contract. My concern would be that if you have to prove that you were in a postion to compete and then you don't win the case...you're screwed. For me to prove I can complete I'd have to borrow additional money from relative...just say I lose the case can the then turn around and say 'well you proved you can complete at the agreed price...now hand over all you dad's and your own money and all you earnigs for the rest of your life!' Am I right to be concerned about this. also could you let me know who your legal team are? Thanks Edited May 13, 2009 by RockyBalboa Quote Link to comment Share on other sites More sharing options...
screw them haha Posted May 13, 2009 Share Posted May 13, 2009 Hi there,quite excited by recent posting about College court. I've bought in James Clow and as far as i recall the completion date was end of my this month but its been delayed until november. I'm hoping I can do as you have done and get them for breach of contract. My concern would be that if you have to prove that you were in a postion to compete and then you don't win the case...you're screwed. For me to prove I can complete I'd have to borrow additional money from relative...just say I lose the case can the then turn around and say 'well you proved you can complete at the agreed price...now hand over all you dad's and your own money and all you earnigs for the rest of your life!' Am I right to be concerned about this. also could you let me know who your legal team are? Thanks At the end of the day you only need to prove that you had the money during the days that your notice was served that is the law, your dad would just have to spend the money, move the money or just not be in a position to lend you the money any more. We are in a slightly different position because we were given dates for completion and they were far from ready! Quote Link to comment Share on other sites More sharing options...
College Court Central Belf Posted May 13, 2009 Author Share Posted May 13, 2009 Hi there,quite excited by recent posting about College court. I've bought in James Clow and as far as i recall the completion date was end of my this month but its been delayed until november. I'm hoping I can do as you have done and get them for breach of contract. My concern would be that if you have to prove that you were in a postion to compete and then you don't win the case...you're screwed. For me to prove I can complete I'd have to borrow additional money from relative...just say I lose the case can the then turn around and say 'well you proved you can complete at the agreed price...now hand over all you dad's and your own money and all you earnigs for the rest of your life!' Am I right to be concerned about this. also could you let me know who your legal team are? Thanks hi there does your contract allow for an extension of time? Why has there been a delay? Have they applied for an extension of time? They should be applying for extenion of time as each delay happens within a reasonable time frame and ask for proof of these delays. I have researched into all of our developers so called delays and have proof/emails from the bodies concerned to nullify their claims. cheers Quote Link to comment Share on other sites More sharing options...
CreateP Posted May 13, 2009 Share Posted May 13, 2009 Im still keeping a very close eye on this thread but not sure how to move forward. Regarding these surveyors reports, is there anyway they could be made public? Quote Link to comment Share on other sites More sharing options...
College Court Central Belf Posted May 13, 2009 Author Share Posted May 13, 2009 Im still keeping a very close eye on this thread but not sure how to move forward. Regarding these surveyors reports, is there anyway they could be made public? at last some activity on this thread! were you given a date for completion yet? They didnt want to complete on floors 5-9. Quote Link to comment Share on other sites More sharing options...
getdoon_weebobby Posted May 13, 2009 Share Posted May 13, 2009 well done folks best of luck. u may just of saved ur bacon Quote Link to comment Share on other sites More sharing options...
screw them haha Posted May 13, 2009 Share Posted May 13, 2009 well done folks best of luck. u may just of saved ur bacon We did just save are bacon, watch this space! Quote Link to comment Share on other sites More sharing options...
College Court Central Belf Posted May 13, 2009 Author Share Posted May 13, 2009 I have also bought into College Court and as you can see from the hour of the morning im typing this it is causing me quite a bit of concern! If there is a surveyors report out there i would be very interested in getting more information on that.I am happy to join with any other purchasers to see where we can take this. Hi you can message me. My email is on my username main page under "comments" on bottom left hand side! Quote Link to comment Share on other sites More sharing options...
screw them haha Posted May 13, 2009 Share Posted May 13, 2009 Hi you can message me. My email is on my username main page under "comments" on bottom left hand side! Hi I cannot email you for some reason, but I believe that the quaility of the inside of the building is very poorand would be fit for social housing only, maybe the developer needs to cut his losses at this stage and contact social housing departments ie oakley to buy these then give people their deposits back, I bought into a "haven of tranquillity" and "luxury contemporary living" and as this is far from the reality, I reject the goods in question! Quote Link to comment Share on other sites More sharing options...
flossietoots Posted May 13, 2009 Share Posted May 13, 2009 I too contracted to buy in the James Clow Development at a ridiculous price (in hindsight ...!! - appeared to be a great bargain at the time!). The completion date was originally May 09 but out of the blue a few months back, we all received short letters advising that completion was delayed until Circa Nov 09. Someone queried the delay to be told 'weather'. I personally think this is a load of bluff as apart from a few days of horrendous rain last August, the weather has been no diffferent to normal NI weather so surely they should have factored this in before giving any completion dates. I bought the apartment with a view to selling my current place closer to the time and to move into the new place, but to be honest, Im likely to be teetering on negative equity at present (took out some collateral for deposit of newbuild) and selling is not going to happen with the way the market is at the moment. Therefore, if I was forced to complete and could manage to get a mortgage somehow, I am going to be lumbered with 2 hefty mortgages and seriously financially stretched - and be forced to become a landlord to help pay some of the bills which was never part of my plan of action ( Ive been reading this post and for once, something sounds like there might be a little bit of hope there somewhere to get out of this mess. As mentioned, I am just not convinced that 'weather' is a valid or acceptable excuse on this occasion but not quite where to go with this. I hope November never comes, although saying that, I cant wait for this whole thing to be over once and for all! Rant over!!! Quote Link to comment Share on other sites More sharing options...
talksalot81 Posted May 14, 2009 Share Posted May 14, 2009 It is probably worth note that many of the similar threads on here have the buyers very much reliant upon the good will of the developers. If buyers start taking the view that they will not only get out but will milk the developer for every penny they can manage, it will become much harder for those who are not in a strong position. Not that I much care for those who were wreckless but it does seem a little bit rich to find yourself freed from a very poor financial commitment and then try and profit from it... Quote Link to comment Share on other sites More sharing options...
BelfastVI Posted May 14, 2009 Share Posted May 14, 2009 It is probably worth note that many of the similar threads on here have the buyers very much reliant upon the good will of the developers. If buyers start taking the view that they will not only get out but will milk the developer for every penny they can manage, it will become much harder for those who are not in a strong position. Not that I much care for those who were wreckless but it does seem a little bit rich to find yourself freed from a very poor financial commitment and then try and profit from it... Exactly what I was thinking. Most here were pleading for the developers to see sense and reduce the price. Now when they think they can shaft the developer life is ok again. Loosing total symphany for this tread. One last word of warning - be wary of anyone new coming on here telling you the best way to fool the developer is by proving you are ready and able to complete. Quote Link to comment Share on other sites More sharing options...
College Court Central Belf Posted May 14, 2009 Author Share Posted May 14, 2009 I too contracted to buy in the James Clow Development at a ridiculous price (in hindsight ...!! - appeared to be a great bargain at the time!).The completion date was originally May 09 but out of the blue a few months back, we all received short letters advising that completion was delayed until Circa Nov 09. Someone queried the delay to be told 'weather'. I personally think this is a load of bluff as apart from a few days of horrendous rain last August, the weather has been no diffferent to normal NI weather so surely they should have factored this in before giving any completion dates. I bought the apartment with a view to selling my current place closer to the time and to move into the new place, but to be honest, Im likely to be teetering on negative equity at present (took out some collateral for deposit of newbuild) and selling is not going to happen with the way the market is at the moment. Therefore, if I was forced to complete and could manage to get a mortgage somehow, I am going to be lumbered with 2 hefty mortgages and seriously financially stretched - and be forced to become a landlord to help pay some of the bills which was never part of my plan of action ( Ive been reading this post and for once, something sounds like there might be a little bit of hope there somewhere to get out of this mess. As mentioned, I am just not convinced that 'weather' is a valid or acceptable excuse on this occasion but not quite where to go with this. I hope November never comes, although saying that, I cant wait for this whole thing to be over once and for all! Rant over!!! First question: does your contract state a completion date? Your thoughts on hoping November never comes should not be the attitude although it is everyones and understandably! However I would act immediatly and with urgency! OK so they say the delay is down to weather...the only way for them to prove this is by showing that based on historical data, the weather was worse between 2007-2009 or whatever. Ask them for data from the Met which shows when adverse weather warnings were issued. If the contract says "bad weather" simply look at the Met records and see if it was worse. They have to prove that they are entitled to their extension of time and the set amount of days bad weather should be allowed in an extension of time. Yes your right they have to factor in historical data when planning their programme of work and ultimatley the completion date given. Where do you go? Simple really...look at the data yourself, compare the period of construction with previous years. Then you should contact your solictor and instruct him/her to instruct a barrister who specialises in Construction/property contracts to look at your apartment contract. In meantime get your solictor to ask the developers solictors proof that weather was the cause, if weather was the cause they should give you the proof you need. If they dont you should ask yourself why would they not give you this proof if it existed? Why would they want to upset you and not give you the proof if it was above board? Is time of the essence in the contract for the completion date? If you want you can email me a copy of the contract. Email on my user page. Hope this helps!!! Quote Link to comment Share on other sites More sharing options...
College Court Central Belf Posted May 14, 2009 Author Share Posted May 14, 2009 It is probably worth note that many of the similar threads on here have the buyers very much reliant upon the good will of the developers. If buyers start taking the view that they will not only get out but will milk the developer for every penny they can manage, it will become much harder for those who are not in a strong position. Not that I much care for those who were wreckless but it does seem a little bit rich to find yourself freed from a very poor financial commitment and then try and profit from it... One of the real reasons for the delay is that they decided to build an extra 3 apartments on top of the original 114, and an additional 2 commercial units on top of the original 5. The apartments are in my case instead of 850 sq/ft are 630sq/ft. The quality of the finishes is a joke, doors are slanty, the bath/showers and kitchens are poor. Honestly they have skimped on quality in order to get quantity and maximim profits. Its just about fit for social housing as someone else here said. We have been nothing but nice and complacent with the developer. Put up with their bullsh*t, taking 1 month to reply to letters so they could waste more time. We have asked for evidence to substanciate their reasons for an extension for time and they have not done so. I have evidence that none of their claims are valid(including the usual bad weather!lol). If they had have been reasonable and held their hands up and said sorry fair enough we are late in compeletion we shall knock of £xx,xxx of the price for inconvience instead of lying and sending threatening comments along with sarcasism in some letters, then fair enough but they didnt. Someone did try to negoiate with them and didnt even get a response to the letter!!!lol Im happy enough with getting my deposit back. As thats the loss which I have incurred through no fault of my own. What is wrong is developers taking people to court when they are unable to complete at £x, selling the property for a lowered sum, still making a profit and then bringing the original buyer to court for the difference! I dont know of any cases were the court has ordered anyone to pay the builder profit. If the builder actually suffered a loss and could only sell it for less than what he built it for then fair enough. I do know of one case in Belfast about 6 months ago were the builder did take the buyer to court and the judge basically said that imposing finaical difficulty on MR X would not help anyone. Quote Link to comment Share on other sites More sharing options...
College Court Central Belf Posted May 14, 2009 Author Share Posted May 14, 2009 Exactly what I was thinking. Most here were pleading for the developers to see sense and reduce the price. Now when they think they can shaft the developer life is ok again. Loosing total symphany for this tread. One last word of warning - be wary of anyone new coming on here telling you the best way to fool the developer is by proving you are ready and able to complete. Negiotation was tried with them and they didnt respond to the letter instead took the hardline approach sending threatening letters when asking for evidence for delays. Its not just a case of "now i can get out of the contract" as Screw them haha makes out. although after obviously being in the same devlopment as them I can see why they are joyous and certainly stressed, and finally now they have light at the end of the tunnel. ermm dont know about "fooling"? Basic contract law: If time is not of the essence, as in this case in realtion to the completion date, serve notice to complete, need to be able to complete on everyday of that notice, so if its 10 day notice you need to be able to complete on all 10 days. If they have applied for EOT however its down to them to prove that, and as each delay occurs they should inform the buyer and tell them the effect on the completion date. If they also agree to a completion date and they are clearly not finished then surely thats a no brainer? Some interesting recent articles: http://www.pla.org.uk/__data/assets/pdf_fi..._Seitler_QC.pdf http://www.pla.org.uk/__data/assets/pdf_fi..._Crampin_QC.pdf Quote Link to comment Share on other sites More sharing options...
College Court Central Belf Posted May 14, 2009 Author Share Posted May 14, 2009 Hi I cannot email you for some reason, but I believe that the quaility of the inside of the building is very poorand would be fit for social housing only, maybe the developer needs to cut his losses at this stage and contact social housing departments ie oakley to buy these then give people their deposits back, I bought into a "haven of tranquillity" and "luxury contemporary living" and as this is far from the reality, I reject the goods in question! Do you think that they will realise that no one is going to complete? That the best way to get this mess sorted is to approach a housing association? If they did that would save everyone, them included 100 odd court cases over many many months. At the end of the day, i think the developer realises this is a mess and wants it put to rest also. Do you think that they have thought about this route? Quote Link to comment Share on other sites More sharing options...
College Court Central Belf Posted May 14, 2009 Author Share Posted May 14, 2009 I think a housing association would only be interested at a much lower price if at all. Those flats sound as if they are slum quality in a few years and no housing association will take that on. yes true def wouldnt be interested at what they were sold for. But if no one is completing, things going to court for most people then they might have to cut their profit expectations and sell at a much lower price to ensure they were sold. Quote Link to comment Share on other sites More sharing options...
talksalot81 Posted May 14, 2009 Share Posted May 14, 2009 One of the real reasons for the delay is that they decided to build an extra 3 apartments on top of the original 114, and an additional 2 commercial units on top of the original 5. The apartments are in my case instead of 850 sq/ft are 630sq/ft. The quality of the finishes is a joke, doors are slanty, the bath/showers and kitchens are poor. Honestly they have skimped on quality in order to get quantity and maximim profits. Its just about fit for social housing as someone else here said.We have been nothing but nice and complacent with the developer. Put up with their bullsh*t, taking 1 month to reply to letters so they could waste more time. We have asked for evidence to substanciate their reasons for an extension for time and they have not done so. I have evidence that none of their claims are valid(including the usual bad weather!lol). If they had have been reasonable and held their hands up and said sorry fair enough we are late in compeletion we shall knock of £xx,xxx of the price for inconvience instead of lying and sending threatening comments along with sarcasism in some letters, then fair enough but they didnt. Someone did try to negoiate with them and didnt even get a response to the letter!!!lol Im happy enough with getting my deposit back. As thats the loss which I have incurred through no fault of my own. What is wrong is developers taking people to court when they are unable to complete at £x, selling the property for a lowered sum, still making a profit and then bringing the original buyer to court for the difference! I dont know of any cases were the court has ordered anyone to pay the builder profit. If the builder actually suffered a loss and could only sell it for less than what he built it for then fair enough. I do know of one case in Belfast about 6 months ago were the builder did take the buyer to court and the judge basically said that imposing finaical difficulty on MR X would not help anyone. What I am getting at is that you should just get out and be happy. What you are saying may well be true but why should a judge have sympathy to you because the developer is being greedy and ruthless when you are doing the same thing by trying to milk money out of them? Quote Link to comment Share on other sites More sharing options...
screw them haha Posted May 14, 2009 Share Posted May 14, 2009 What I am getting at is that you should just get out and be happy. What you are saying may well be true but why should a judge have sympathy to you because the developer is being greedy and ruthless when you are doing the same thing by trying to milk money out of them? Who is trying to milk money out of them? At the end of the day it's like this if you are referring to me, I said that was suggested to me the fact that these are the things which one may be able to sue for! You need to read more carefully before your jump to conclusions, the developer needs to be very careful because he does not know people's individual circumstances. This has caused people a lot of stress, he should have just been open and honest with people at the very start!!!! They have got very poor legal advice. Developers are not all greedy, ruthless some have been very reasonable and realistic, however this case is very different. I am sure that if they could or can they would love to screw everyone, so my adivce to you if be very careful, they are not on your side, cover your back! Quote Link to comment Share on other sites More sharing options...
talksalot81 Posted May 14, 2009 Share Posted May 14, 2009 Who is trying to milk money out of them? At the end of the day it's like this if you are referring to me, I said that was suggested to me the fact that these are the things which one may be able to sue for! You need to read more carefully before your jump to conclusions, the developer needs to be very careful because he does not know people's individual circumstances. This has caused people a lot of stress, he should have just been open and honest with people at the very start!!!! They have got very poor legal advice. Developers are not all greedy, ruthless some have been very reasonable and realistic, however this case is very different. I am sure that if they could or can they would love to screw everyone, so my adivce to you if be very careful, they are not on your side, cover your back! I was not referring to anyone in particular but the tone has generally seemed to become aggressive on the part of the buyers. Whether you intend to take that approach or not, you are discussing it in public so there is no hiding the fact that it has crossed your mind. As for reading more carefully - I suggest that you type a little more carefully as well since your grammar is not at all easy to interpret! Quote Link to comment Share on other sites More sharing options...
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