Flat buyer with no law qualifications wins refund

Tom Griffin standing in front of boats and a dock, looking into the camera. He has brown hair, rounded glasses and a beard. He is wearing a white t-shirt.Image source, Jamie Niblock/BBC
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Tom Griffin spent nearly two years fighting to get his reservation fee back

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A prospective home buyer whose flat remains unfinished years after he paid a deposit took the developer to court and won his money back - despite having no legal qualifications.

Tom Griffin said "everything went downhill" after he and his partner paid £5,000 to reserve a property at Tollesbury House in Ipswich in 2022, with frequent delays and a lack of communication from the developer, JaeVee.

While others have lost their deposits on the flats, Mr Griffin fought the case for nearly two years before a judge ordered the developer to refund him.

JaeVee has not responded to the BBC's requests for comment, but previously denied any misconduct.

The development group's head office was previously in Norwich but is now listed at an address in Shoreditch, east London.

It had plans for more than 500 properties - mostly flats - across Norfolk, Suffolk, Essex and London.

But some projects have faced years of delay, including the 16-apartment development near Ipswich's waterfront and university that Mr Griffin, a business analyst, and his partner Matt tried to buy an apartment in.

The BBC has seen a Facebook promotional video posted in January 2019 of former JaeVee director Ben James Smith saying Tollesbury House was expected to be finished in "15 to 18 months".

Mr Griffin, 34, said after putting down the reservation fee they "never heard from [JaeVee]", experiencing "frequent delays, no updates" and "eventually had to pull out".

They were told by JaeVee they would not be refunded, but Mr Griffin said: "It just felt wrong that they could just walk away with £5,000 and having done absolutely nothing."

Tollesbury House, a five-storey block of flats which remains unfinished, from above. Some moss is growing on some of the balconies and there is building material which surrounds the incomplete building.Image source, John Fairhall/BBC
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Tollesbury House, pictured in January, remains unfinished

He began mediation with the company and in April 2023 an independent adjudicator found JaeVee had breached the relevant code of conduct governing reservation agreements.

The adjudicator said: "Given the substantial nature of the home builder's breach, I find that a full refund of the reservation fee would be appropriate".

But Mr Griffin again did not receive his money and eventually took his claim to county court.

JaeVee did not attend the court hearing in January last year but the judge ordered the firm to refund Mr Griffin "upon it appearing to the court that there is no defence to the claim".

After getting his money back, plus £575 in costs, Mr Griffin described the process as "exhausting".

Asked why he persisted, he said: "It was just the injustice of it.

"It was constantly being berated [by JaeVee] and having the blame put on us for them to swan off with our money for no reason."

He has since bought a home elsewhere in Ipswich.

The BBC has previously reported the experiences of other prospective buyers who felt "lied to" and "angry" after losing thousands of pounds reserving Tollesbury House's still-unfinished flats.

From left to right, Tom, Catherine and Janeane stood next to each other. Each is wearing sunglasses. Tom has cropped brown hair and a beard and is wearing a white t-shirt. Catherine has long brunette hair and is looking at Tom. She is wearing a lilac sleeveless top. Janeane is also looking at Tom. She has wavy blond hair and is wearing a white sleeveless top with necklaces.Image source, Jamie Niblock/BBC
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Mr Griffin, Catherine Bullough and Janeane Slinn could have been neighbours

One of those was Janeane Slinn, who said hearing about Mr Griffin's case had left her "feeling inspired to do something about our situation".

Catherine Bullough, a first-time buyer who lost £2,500, said: "I think there is such a clear case that we're owed our money back.

"I think if most people would look at what we've had to go through I think they would probably agree that we do deserve our deposits back."

The BBC has also been contacted by others who claim to have lost their reservation fees at JaeVee-linked properties in Norwich and elsewhere in Suffolk.

While the company did not respond to the BBC's questions on Mr Griffin's case, Mr Smith - who Companies House records show retains significant control of JaeVee Holdings - previously said the group had an "extensive portfolio of successful developments, demonstrating our commitment to investor success and project delivery".

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