Unfair loan with Council for botched home improvements- plse advise

[cosworth60]

I’m looking to maybe find a solicitor to initially look over a loan and contract agreement my mum took out with a local County Council and its affiliated organisations for home improvements.

Approximately two years ago my mum took out a loan of £15,000 with:
Lamp Finance
This is the organisation the council use to administer its loan funds for home improvements. The loan was underwritten against the sale of my mum’s house, and payable on the house being sold.

A schedule of works was drawn up (around 5/8 jobs) by a council surveyor and an organisation called C&R was instructed by the council to oversee the work of an approved builder.

This builder turned out to be completely incompetent and all of his work had to be redone. Part of the initial contract work was to fix two roof leaks, the builder failed to fix one leak and the other was made considerably worse. Either the builder didn’t do a good job or the initial council’s surveyors report and subsequent schedule of works was incorrect.

When the leaks were not fixed satisfactorily my mum lodged an official complaint with both C&R and the local council to ask for rectification and refused to sign off the remaining payment to the builder until rectification work was complete.

However this complaint was essentially ignored and the council authorised “Lamp” the loan provider to pay the builder in full and close the project. Part of the loan agreement contained an amount for “unforeseen works” and with project closure this money was no longer available. As the builder had been paid in full my mum no longer had any leverage with him to fix the leaks satisfactorily.

I would like a solicitor to look at two aspects of this case:

Firstly I believe the loan agreement and contract may have essentially by an unfair agreement. My mum undertook a loan secured on her home, but has had no say on when it was paid out, with money being released by the council without her express authorisation.

Secondly, we instructed supposedly experts to fix two leaks both of which still exist today, either the council surveyor got it wrong and recommended incorrect resolute works or the builder carried out shoddy workmanship. I’d like to ascertain who is liable for this and what legal rights do we have.

I’d be interested to see if people here believe we may have a case and any recommendation of a good solicitor that specialises in this area.

Thanks, Neil

[Crazy council]

Re: Unfair loan with Council for botched home improvements- plse advise

Hi

You might want to bring in a few other regulators first. and the council have to insure themselves against this

What reports/repairs lists have you got from the start
HAve you got copy's of the agreements
Was a survayer involved at any point ( council would have probebly )
Have you kept pictures

However this complaint was essentially ignored and the council authorised “Lamp” the loan provider to pay the builder in full and close the project. Part of the loan agreement contained an amount for “unforeseen works” and with project closure this money was no longer available. As the builder had been paid in full my mum no longer had any leverage with him to fix the leaks satisfactorily.

Initialy, i might suggest getting yourself a surveyor in to check the works independently, but get one that does not work for one of the building firms your council employed, try an independent Co from a different area

If he finds fault in the work, it will stop anyone disagreeing with you. Whats your mums desired outcome

[cosworth60]

Re: Unfair loan with Council for botched home improvements- plse advise

thanks for the input - see below.

What reports/repairs lists have you got from the start - a survey was carried out by a council surveyor
HAve you got copy's of the agreements - yes , the loan and the works
Was a survayer involved at any point ( council would have probebly ) - yes council
Have you kept pictures - yes , and full notes.

The council have agreed the leaks need to be rectified , but they are dragging their feet. The desired outcome is either a fix of the leaks or money back.
I don't really trust these people any longer , they are all useless.

[Crazy council]

Re: Unfair loan with Council for botched home improvements- plse advise

I have some experience in this lot, you would be supprised how much back hand stuff goes on between councils and contractors in these type of deals.

Who picked the first builder, the company, or you from a list they gave you, if so, did they make any recommendations.

If you can edit out your personal details and post up the docs if possible, or post them on paste bin and provide a
link.

The desired outcome is either a fix of the leaks or money back.

Best advice is to get in independent surveyor in, roof leaks can casue further more expensive damage if not fixed fast

[cosworth60]

Re: Unfair loan with Council for botched home improvements- plse advise

My mum is convinced they are all in "bed together" and getting back handers etc . I dismissed this idea , thinking in this day and ago none of that sort of stuff goes on !
The council put tenders out to 2/3 builders on their "approved" list, and we went with the cheapest one. We could have got our own builder but they would have had to go through an approval process, which would have taken more time etc. etc.
I'll try and post up documents once I scan everything in .

Good idea to get an independent surveyor in , especially if this goes any further....

[Crazy council]

Re: Unfair loan with Council for botched home improvements- plse advise

my council again

My mum is convinced they are all in "bed together" and getting back handers etc . I dismissed this idea , thinking in this day and ago none of that sort of stuff goes on !

http://www.grimsbytelegraph.co.uk/co...ail/story.html

[enquirer]

Re: Unfair loan with Council for botched home improvements- plse advise

My mum is convinced they are all in "bed together" and getting back handers etc . I dismissed this idea , thinking in this day and ago none of that sort of stuff goes on.

It does, it does.