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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22401
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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I am a building contractor who took instruction from an insurance

Customer Question

I am a building contractor who took instruction from an insurance company to carry out repairs at the home of one of their clients. The insurance company now says that due to some undisclosed claims their client's policy is void and I must seek recompense from them. My argument is that I have taken instruction from the insurer, therefore they must be contractually obliged to pay me. Am I correct?
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
How much is the bill?
Customer: replied 3 years ago.


£2500 + VAT

Expert:  Stuart J replied 3 years ago.


From the brief facts you have
given me, I agree with you.

What form did the instruction
from the insurance company take?

Are they disputing that they instructed you to do the work?

Customer: replied 3 years ago.

I sent a mandate form signed by their client, together with a quotation and then received instruction to proceed, I think by e-mail. We then uncovered further problems on site so I contacted the insurance company and was told verbally to do the additional work. There is no dispute that they instructed the work. I sent two invoices, one for the original agreed price and one for the additional work.

Expert:  Stuart J replied 3 years ago.


That doesn't completely answer
the question.

Did they tell you to do the
work and give you the whole instruction or did they simply agree that it could
go ahead?

Customer: replied 3 years ago.

They accepted the quotation and told me to go ahead. They also asked the approximate cost for the additional work before telling me it was okay to proceed with this also.

Expert:  Stuart J replied 3 years ago.


Okay thank you.

The financial ombudsman will
not deal with commercial matters. So, you are faced with small claims court.



Assuming that from the emails
you have got, it is obvious, and would be to a judge, that the insurance
company was instructing you that I wouldn't mess about any more, I would simply
issue small claims court proceedings which you can do quite easily online at www.moneyclaim.gov.uk



You have to give both parties,
the insurer and the house owner, noticed that unless you get the money within
say, 10 days, you will issue legal proceedings without further notice



I would issue them against the
insurance company as first defendant and the house owner as second defendant.
The judge will decide who is liable.



Can I help further?





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Thank you.



Stuart J, Solicitor
Category: Law
Satisfied Customers: 22401
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street Practice
Stuart J and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you. Should I issue proceedings against the underwriters (RSA) or just the insurers (Saga)

Expert:  Stuart J replied 3 years ago.
Issue against whoever you have had the email exchange with.

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