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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To escalate a complaint after finding fraudulent activity?

101 replies

Wherestherumgone · 19/01/2023 20:50

Long story short, we're at the beginning stages of reserving a new build property and we have found our signatures have been forged on a legal document. We've highlighted this to site and head office as it doesn't sit right with us that this was done. We understand why, they forgot to ask for one of us to sign, but they should have phoned us to go back. The site have admitted it to us but offered a half hearted apology and had a go for escalating it to head office. We spoke to head office and although they apologised there were no suggestions of what steps would be put in place to prevent it happening again.

Now we have 2 dilemmas; we could take it further but I don't want the person to be sacked or anything but I'm not sure this has been taken seriously. Secondly, do we continue with the purchase? We would still have to deal with the person on a regular basis and there will undoubtedly be an atmosphere.

I suppose the AIBU is are we being unreasonable to continue with the purchase when we know this and even more so if we continue down an escalation route? Is it worth escalating or do we just leave it with the half hearted apologies? Thank you.

OP posts:
NellietheElephantpackedhertrunks · 20/01/2023 07:42

Honestly, it depends upon the docs and whether you would have signed them anyway (and I’m a lawyer). Is this really worth losing your dream house over? Could even work in your favour as they would presumably contain obligations on your part, which couldn’t be enforced against you if you didn’t sign them.

NellietheElephantpackedhertrunks · 20/01/2023 07:42

Apart from payment, obviously.

ChatterMonkey · 20/01/2023 07:47

What was the doc for?

I think my reaction would be different if it was a doc confirming you agree to blue kitchen tiles rather than white, or whether it was a doc binding in or confirming anything financial.

Amy fraudulent sig is obviously bad it it would taint the experience, but if it was a minor form i would probably continue with the sale (but push for compensation), but it if was a financial doc, i would probably walk away as it calls into question their core business practices

YoBeaches · 20/01/2023 07:48

OP if you report to the regulator then you can still carry on with the house knowing that the right investigation will take place.

It will actually give you peace of mind to do things properly. If anything else untoward were found then it would be dealt with and you could be compensated.

These are their issues to fix, not yours to consume.

The two things aren't exclusive. You can do both.

WigglyGlowWorm · 20/01/2023 07:53

I’d pull out. New houses come up all the time. Every single document that is signed is pulling you deeper and deeper into the deal. How did that person know that you hadn’t been thinking of pulling out? The lack of signature could have been your way to walk away and get your reservation fee back. Does it have to be a new build?

Wherestherumgone · 20/01/2023 07:57

Thanks all. It was actually the document to confirm our reservation of the house (and where we paid the fee) which is what the appointment was for but they forgot to ask husband to sign and instead of asking us to go back, signed it themselves. I think that's why I can empathise as you can see where they were coming from but I know that doesn't make it right.

We haven't went back to re-sign at the moment due to being unsure about continuing or not.

This sounds daft but how do you ask for compensation? I don't want them to think that's what our end goal is because it isn't (but who would say no in this climate).

OP posts:
CharlotteUnaNatalieThompson · 20/01/2023 08:01

It's your dream house. It's tainted now but it won't be once you're in and happy.

I'd proceed. But I'd also report this because it's appalling behaviour. And I'd be clear I didn't want the person who forged the signature to have anything more to do with the sale /snagging

CharlotteUnaNatalieThompson · 20/01/2023 08:02

YoBeaches · 20/01/2023 07:48

OP if you report to the regulator then you can still carry on with the house knowing that the right investigation will take place.

It will actually give you peace of mind to do things properly. If anything else untoward were found then it would be dealt with and you could be compensated.

These are their issues to fix, not yours to consume.

The two things aren't exclusive. You can do both.

This

strumpert · 20/01/2023 08:03

YoBeaches · 20/01/2023 07:48

OP if you report to the regulator then you can still carry on with the house knowing that the right investigation will take place.

It will actually give you peace of mind to do things properly. If anything else untoward were found then it would be dealt with and you could be compensated.

These are their issues to fix, not yours to consume.

The two things aren't exclusive. You can do both.

This.

saraclara · 20/01/2023 08:12

I wouldn't lose my dream house over this. Why cut off your nose to spite your face?

Of course it's an shocking thing for the person to have done, but I don't understand why it taints the house, especially when you basically want the person forgiven ( you don't want them to lose their job).

Follow the complaint through, but by the time you've settled into your house it'll be old history.

YoBeaches · 20/01/2023 08:18

You don't ask for compensation as it could be perceived as bribery to not report.

The regulators will be clear if any compensation is due demanding on any material damages arising from the matter. This could be stress, anxiety, as well as physical financial losses or expenses incurred as a result.

The document they signed fraudulently committed you to pay a fee.

Please report it.

MintChocCornetto · 20/01/2023 08:19

YoBeaches · 20/01/2023 07:48

OP if you report to the regulator then you can still carry on with the house knowing that the right investigation will take place.

It will actually give you peace of mind to do things properly. If anything else untoward were found then it would be dealt with and you could be compensated.

These are their issues to fix, not yours to consume.

The two things aren't exclusive. You can do both.

Like PPs I agree with this

You sound like you want certainty that your purchase is going to proceed smoothly and the builder is trustworthy

If you complain you can be 💯 certain from now on that every i is dotted and every t crossed. You may find that your purchase is escalated to a more senior person anyway, but why not ask for that?

Marigoldandivy · 20/01/2023 08:23

If they have forged your signature what else have they effectively lied about? I wouldn’t buy anything from them!

Aprilx · 20/01/2023 08:25

Wherestherumgone · 19/01/2023 21:45

See that's what we weren't sure about. They basically said if we complain to an over arching body it just gets passed back to them anyway with a longer time line to resolve. But at this point I'm not sure what a resolution looks like.

I don't want them fired as I do believe this was done with the best of intentions and there's a cost of living crisis. I'd feel terrible but arguably thats not my problem and what's to say this wouldn't happen again. Hence the dilemma.

We haven't went back up to re-sign as we don't know if we want to continue with the purchase and have told them so. We also said we would seek legal advice and be in touch next week if we want to continue.

I am not one for seeking revenge or wanting people to lose their livelihood, but this person absolutely 100% should be sacked. What they have done could have caused huge issues for somebody.

As an aside I am particularly shocked that there is a solicitor on here that thinks it is no big deal.

Lordofthebutterfloofs · 20/01/2023 08:27

Wherestherumgone · 19/01/2023 21:13

Thanks, my husband will be seeking legal advice but I wouldn't want to go down that route if it ends in the person's dismissal so I'm not sure there are any other options.

I suppose I want to know it won't happen again and I want to continue to buy our forever house but it feels so tainted.

The person deserves to be dismissed. They have forged a legal document! They are a criminal!

SnackyOnassis · 20/01/2023 08:27

There's no justifying this, OP. Nobody in the sales agents position could possibly claim they thought this was the right or legal thing to do, so by signing it they set out knowing what they were doing was illegal and went ahead with it anyway.

Even if it is your dream house, I couldn't trust anyone in this process from here on out, especially given the company's response to gross negligence being carried out by their team. Having recently bought a new build house from a major supplier, there is SO much back and forth with the sales team as the build and purchase goes on that you've got to be confident that they're scrupulously honest and efficient or it will firstly be a nightmare and secondly, potentially risk your purchase falling through later in the process.
I'd escalate and withdraw if it were me, I'd feel the purchase was under a shadow with something like this at the very beginning.

drpet49 · 20/01/2023 08:28

HundredMilesAnHour · 19/01/2023 21:01

They forged one of your signatures on a legal document and when you found out, they had a go AT YOU for escalating to Head Office? They had a go at you?!! What is wrong with these idiots? They have no shame. Forging a signature on a legal document is a criminal offence.

I'd be taking legal advice immediately. I would refuse to deal with the people involved, and insist (if you want to go ahead still) that it's dealt with by Head Office.

Exactly this. Don’t be a walkover OP.

Sunbird24 · 20/01/2023 08:33

Who, on realising they’ve forgotten to ask a customer to sign such an important document, thinks “I’ll just sign that myself and hope nobody notices” instead of simply calling them and saying “I’m really sorry, I missed something, would you be able to come back in, whenever’s convenient for you of course?” That’s completely bonkers and would make me very worried about what other corners might be cut, both in the paperwork and the build…

HappiestHippo123 · 20/01/2023 08:38

I think you need to decide exactly what outcome you want. What the person did was completely incorrect. They will have messed up forgetting to ask/check you had signed. They were likely under pressure from their boss to obtain sales. Head office would need the signatures to reserve the plot. Maybe their colleague was about to sell it and s/he didn’t want you to lose it. Again not your problem but people do stupid things under pressure.

They will have needed the form to get the plot reserved for you and have either signed it because they are scared to admit the mistake to their boss or because they were embarrassed to ask you to come back (this is assuming you definitely wanted that plot).

Its totally wrong, the person is a fool for doing this (and is likely to face disciplinary action) but if you want the house and the form was for the plot you wanted you need to decide what outcome you want. If you don’t want the house, don’t buy it. If you do want the house ask if you can deal with someone more senior or a manager - maybe even from a different site.

MyPurpleHeart · 20/01/2023 08:40

Someone forged your signature on a legal document and you're worried about them getting sacked in a COL crisis?

Remember that when they go on to forge a signature on a loan or mortgage agreement and scam somebody out of thousands. Its criminal behavior and when someone gets away with it they carry on to do it again and again and again

BitOutOfPractice · 20/01/2023 08:41

Without exception, the national house builders and developers are corner-cutting, profiteering shysters. And the corner cutting will extend to the build quality.

JudgeRudy · 20/01/2023 08:42

It's a difficult one OP but I suspect you've probably made your mind up on this one. You're annoyed that not enough action has been taken however you don't want the burden on guilt that sacking him would bring. If you take it 'further' lm confident it is a sacking offence and criminal too. Staff that originally dealt with your complaint will be disciplined too.
Management have acknowledged and apologised for wrong doing but feel it would be in their interest not to sack him. You don't want to deal with someone you don't trust but the house is just right for you and you don't wanna lose out. If you want to uphold them to higher moral standards you need to do the same and walk away and lose out.....personally id see if i could blag some landscaping or something as a goodwill gift!

Back2Back2t · 20/01/2023 08:56

I'm sorry but I couldn't continue with this purchase.

The company has zero integrity and I wouldn't associate myself with such.

Flapjackquack · 20/01/2023 08:58

Was it near the end of a month by any chance? Sales targets…

The sales person didn’t give a crap about what sorts of legal trouble they could get you into, so I am not sure I would be so worried about them.

What is it about this house that is your dream house? If it’s the layout/size a lot of the big developers use the same plans so you can probably find another one pretty much the same with another developer.

Wonnle · 20/01/2023 09:21

How have you seen this document to know they signed it on your behalf ?

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