Written evidence submitted by Mr Adrian Vickery [LHR 148]

 

Basic Details

 

Full Name(s)

 

 

Adrian Vickery

 

Address

 

 

*********************************************************************

 

 

Correspondence Address

(if different from above)

 

 

 

Telephone number

 

 

****************

 

Email address

 

 

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The Parties

 

Original developer

 

 

Persimmon Homes

 

Current freeholder

(if known)

 

 

Persimmon Homes

 

Conveyancing solicitor who acted at time of purchase

 

 

Coffin Mew – Jodie Tregarthen

 

Current solicitor

(if any)

 

 

 

Current mortgage company

 

 

Nationwide Building Society

Lease details

Property type

(please tick)

House

Flat

 

 

Lease start date

 

 

1st January 2015

 

Lease length

 

 

999 years

 

Starting ground rent

 

 

£150 p.a

 

Current ground rent

 

 

£150 p.a.

 

Review clause

(please tick)

RPI every 5 years

 

RPI every 10 years

RPI every 15 years

 

RPI every 20 years

 

RPI other (please state)

 

Doubling every 5 years

 

Doubling every 10 years

 

Doubling every 15 years

 

Doubling every 20 years

 

Doubling other (please state)

 

Other (please state)

 

 

 

 

Permission clauses

(please tick all that apply)

Subletting

 

Internal alterations

 

External alterations

Internal structural alterations

 

External structural alterations

Other (please state)

 

 

 

I believe my lease is onerous because

(please tick all that apply)

My ground rent is high (more than 0.1% of property value)

 

My ground rent review clause is onerous

I have onerous permission clauses

Other (please state)

There was no legal or commercial reason to grant a lease of a house even where there are common areas that are dealt with by way of service charge.

 

I have also had the following problems

(please tick all that apply)

Aggressive selling techniques by the developer

Told to complete quickly by the developer (less than 8 weeks)

The developer deliberately misinformed us and was dishonest

Told to use recommended solicitor by the developer

My solicitor failed to advise me on the onerous lease terms

I was told I could buy the freehold for a discount after I bought the property, but when I tried to buy it, the freehold had been sold and the new freeholder refused to honour the agreement

Problems with the condition of my property

Still waiting for snagging to be completed 2 years after completing

The roads have not been adopted

High service charges

As a Chartered Surveyor and Director of the Estate Management company I have been able to negotiate better, more cost effective terms on some contracts, no thanks to the managing agent (HML)

 

Other (please state)

Please refer to our letter addressed to Persimmon (Martyn Clark) dated 5th December 2016

 

Valuation

 

Purchase price originally

 

 

£524,950

 

Discounts given by developer

(state amounts and why)

 

 

Stamp duty paid

Free upgrades on bathroom tiles and spotlights.

 

 

Cost to buy freehold / lease extension based on current lease terms

(if you have it)

 

 

Have you tried to sell?

Yes

 

No

 

If yes, why didn’t it sell?

 

 

 

 

Help to buy

Help to buy?

Yes

No (if no, please ignore rest of this section)

 

Help to buy repaid?

(if applicable)

Yes

 

No

If repaid, how much did you borrow initially?

If repaid, how much did you repay?

 

 

Details

  1. If you have concerns with the way the property was originally sold to you, please set out in chronological order the events as they happened and explain what your concerns are. This might be with the developer, conveyancing solicitor, mortgage company and/or or any other party.

 

Jan 16 –  Plot reserved 29th January 2016 with an expected completion date of February 2016 – 31st May 2016

 

Feb 16 – no updates

 

Mar 16 – Exchanged contracts 17th March 2016.  Advised on 23rd March 2016 that anticipated build completion was now June/July but no explanation as to delay.

 

Apr 16 – Advised plot had reached foundation stage on 5th April.  No further updates after this time.

 

May 16 – no updates

 

June 16 – Wrote to Martyn Clark on 16th June with our concerns.  Response four days later confirmed “we currently expect your property to be complete in August and ready for occupation during that month which will mean your mortgage offer will still be valid”.  Emailed David McClintock, Construction Director, on 27th June 2016.

 

 

July 16- no updates

 

Aug 16 – my wife signed off from work 19th August due to stress directly associated with buying this house.

 

Sept 16 – Completed on the purchase 27th September

 

 

  1. If you have had problems since buying the property (for example, permission fees or dilapidations), please explain them here.

 

Poor customer service, very slow dealing with problems and disputing extent of “snagging”.  Lack of resource in head office.

 

 

 

  1. Please explain the personal impact this has had on you.

 

The lack of transparency, honestly and professionalism shown by Persimmon both before and after completing the purchase has caused significant strain and stress on me and my family.  I incurred unnecessary additional costs/expenses which Persimmon refuse to acknowledge

 

The Construction Director, David McClintock, and the Managing Director, Martyn Clark were unhelpful, aggressive and rude.  I wasted a lot of time chasing the company for updates on the build without response.  I relied on the dates within their letters.  We were made to feel like we were hassling the company and were told we were being unreasonable and aggressive.  During one phone call with the construction Director I was accused of being condescending.

 

 

  1. What would you like the Select Committee to do to fix your problems?

 

I would like an explanation as to why they deliberately delayed the construction of Copthorne Place, Epsom and misinformed me on completion dates.

 

I would like a proper explanation as to why they chose to sell me a freehold when they could have simply sold a freehold subject to service charge liabilities for common areas in the title (and carved out the flats as leaseholds)

 

Since the press coverage and Govt intervention why do they now only sell freehold houses.

 

I would like to know why the CEO and Directors think they deserve to be paid the highest levels of bonus out of any FTSE 100 company whilst paying their workers low wages.

 

Answer why they should not give me the freehold back that I should have originally purchased.

 

Answer why they should not compensate me for any costs/losses incurred as per my claim dated.

 

 

 

  1. Anything else not covered elsewhere

 

I would like a written apology from the company.

 

A copy of my lease is below.

 

 

 

 

 

 

 

Statement of Truth

I/We confirm that the information set out in this form is true to the best of our knowledge and belief. I/We understand the legal implications of giving false or misleading information. 

 

I/We attach a copy of the lease. I/We would be prepared to provide further information or documentation to the Select Committee should it be of assistance.

 

Signed                                                                                           

 

Dated                                                   31st August 2018

 

 

 

 

August 2018