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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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My husband hit a pot hole which punctured his tyre. Luckily

Customer Question

My husband hit a pot hole which punctured his tyre. Luckily we have a second car so we could attend new year celebrations just!

It has taken weeks for the claim firm to be issued and now he has been asked to provide a receipt of purchase for the damaged tyre. This will not only cause further delays in settlement but also indicates that there may be a wear and tear reduction in the settlement.

Could you please advise if nit producing the original receipt, just due to not keeping it will mean non- settlement.

Also, is there any basis for an additional claim due to the time this is taking to process ie: my husband paid for the new tyre at the beginning of January.

Can there be a wear and tear reduction applied if say the damaged tyre was bought xx months ago?

Many thanks
Submitted: 4 years ago.
Category: Law
Expert:  UK-Justice replied 4 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

Does he have a receipt?

Customer: replied 4 years ago.
No but he may be able to produce a bank or credit card statement proving payment. He has a photo of the damaged tyre still on the wheel.
Expert:  UK-Justice replied 4 years ago.
Thanks. If you have a credit card or bank statement that should be ok.

You should write and make a formal complaint to the Chief Executive Office.

If they fail to resolve it then you should complain to the Ombudsman.

They are free, independent and can examine your complaint for free.

They can be found at:

www.lgo.org.uk

They can apply a reduction in terms of wear and tear because they are meant to replace like for like and not old for new.

I hope this helps.


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Expert:  UK-Justice replied 4 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice
Customer: replied 4 years ago.
Hello yes it did help but I was a bit worried about just deducting payment from the builder retention. I posted a separate question under scots construction contract law to double check. The reply was - I had three options - NHBC, deduct payment from the retention but only if the architect supports thiscasbhe certifies the payment , or court action.

I have decided to use the NHBC first, they should support and I believe they would pay for someone else to put the work right if the builder refuses. If this fails I will approach the architect.

Your answer put me on the right track as I incorrectly thought I had to liaise with the provider..
Expert:  UK-Justice replied 4 years ago.
Great