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College Court Central Belf

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About College Court Central Belf

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  1. dont sign dont do it noooooooooooo!

  2. First court cases - must be to get a date http://www.google.co.uk/search?hl=en&source=hp&q=fernhill+properties+ni+ltd&meta=&aq=0&aqi=g1&aql=&oq=fernhill+propertie
  3. hi drop me a message with your email address cheers

  4. I think that these cases are completely different for a few points: 1. There is a completion date in the contract. 2. He served notice on some buyers when he wasnt ready in April/May 09 then sent letters in July 09 saying your apartment in now complete. You may be hearing rumours: 1. his defence is watertight 2. XX% of people have completed -its all a ploy to get as many people to complete as possible. Bluffing and bullying. Just a few more things to help people out of the dark: (by sound of it people got the first writs in november-feb) 1. Developer served completion notice on 40-60% of buyers in the April/May 2009 when he was not complete. Excavations still open.A number of people had surveyors down who have reported that the building could not have been used with quiet enjoyment. Scaffolding still up etc, guardrails around the staircase not in place, live electrical cables exposed, the list goes on. Clearly states site is to be free from scaffolding and debris. 2. Their "reasons" for their EOT are bull and always will be. Thats why they have NEVER provided anyone with anything to back them up. 3. They are using their bullyboy tactics to get some people to complete - landing themselves in massive amounts of debt. 4. Some people have caved in (6 up for rent on propetynews.com but the vast majority havent for a number of reasons: they simply cant afford the apartments - many would face bankruptcy - best case for developer is to let them go forfeit their deposit they would still be making quite a penny. How much did it cost to build one apartment? 7million was build cost - i think my solictor told me some time ago they bought the land for 1.5m - that makes each apartment (117 apartments, lets count the retail units think theres 3) - build cost each approx £71,000. For people who cant afford it: Worst case scenario for MR Developer takes you to court - apartment lies empty for months more likely 1-2 years. You lose and he wins. You go bankrupt. He doesnt get a penny nor get his legal fees of thousands paid. 1 year later he still has an empty apartment. Best case scenario: he takes a look at your finances/bank accounts/wage slips and comes to an agreement amicably. You lose the deposit and he walks away with an apartment to sell and no legal costs. And having an empty apartment lying there for months during a court case. 5.Or they simply believe in the fact that the developer was not completing in time and his reasons were bull and so entitled to their money back. Also bear in mind that the mortgages available changed vastly between November 09 and June 10 and so this has a consequence on peoples ability to borrow. Anyhow what do I know...I havent thought about these apartments in months! and its great forgetting about them! If anyone has any information that they would like to share please get in touch!
  5. We also purchased at college court, have read your posts and was wondering what is happening with your situation at the moment.

    Thanks

  6. i have allso purchased one of these appartments. I have done the same as you. It would be good if we cou ld help each other?

  7. HI there does anyone know of any legal cases regarding developers taking purchasers to court for failure to complete? Would be interesting to know of any cases on at the minute or if anyone is going through the process at the minute.
  8. Just a quick note to let everyone be aware: *No one has moved into the apartments yet; despite completing the remaining floors in July 09. *Everyone recieved a letter basically saying they are going to sue; trying to play scare tactics *Just remember you will be only in breach of contract, if indeed their reasons for their extension of time they wanted are valid. I dont believe they are after quite some research into them. If anyone has any info regarding these especially the alleged delay regarding the tendering process and how one tenderer challenged the result that would be quite helpful. And just the other one is if anyone knew if it was Turley (the contractor) who started the excavation of the site in early summer 2007? But everyone is pretty much in the same boat I think after having spoke to a number of people. And also jsut remember dont be panicking - the developer is just as worried as you!
  9. 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.
  10. 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?
  11. 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
  12. 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.
  13. 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!!!
  14. Hi you can message me. My email is on my username main page under "comments" on bottom left hand side!
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