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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice
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Hi, We sustained storm damage to our house roof on the 27/12

Customer Question

Hi, We sustained storm damage to our house roof on the 27/12 during high winds stripping 80% of the roofing felt from a flat dormer leading to the ingress on rain water.
I contacted our insurance company [Trinity M Ltd. (t/as Trinity Claims) is a limited company registered in England and Wales. Registered number(NNN) NNN-NNNNRegistered office:XXXXX Tonbridge, TN9 1BE] who confirmed that a claim was valid and we should send them quotes for the repairs. They also agreed to an immediate temporary repair to reduce further damage which I arranged costing £360.
Within 3 days I submitted professional tradesman's quotes to Trinity for the full repair to the roof including for scaffolding as required by HSE, replacement carpet to the bedroom and redecoration totally £8,000 this was then studied by Trinity eventually after 12 days to was rejected saying they would be sending out their own surveyor. 5 more days past before the surveyor visited [10/1] to take photos and measurement promising a speedy report. We are now 20 days on from the incident with no signs of any action from Trinity despite several e-mails and phone call requesting and update and action.
All the time rain water is seeping around the temporary repair and dripping through the dormer ceiling and now making its way into the lounge below, we have an army of buckets etc in place which when it is raining needs constant attention every 120 minutes on average to prevent overflow and further damage.
What can I do to bring pressure on Trinity?
Are there any guidelines for how long should this process should take?
Is there a claim to answer for upset, distress and disruption to our lives?
Yours sincerely,

Paul Harkness
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

So, in short, they haven't yet rejected the claim?

They just haven't agreed it yet?
Customer: replied 2 years ago.

That I am aware of, my question/s asked about time scales and pressure.

Expert:  Jo C. replied 2 years ago.
Sorry, I'm not sure what you mean?

Sorry if I'm missing the point.
Customer: replied 2 years ago.

These are the points I needed advise on please;


 



  1. What can I do to bring pressure on Trinity?

  2. Are there any guidelines for how long should this process should take?

  3. Is there a claim to answer for upset, distress and disruption to our lives?

Expert:  Jo C. replied 2 years ago.
Thanks.

The first thing I would do would be to get hold of Trinity and tell them that the temporary repair is now leaking and that you need to get the people out to fix it.

Tell them that the leak is causing further damage and the longer they delay the more further damage you anticipate will have to be added to the schedule.

They may be waiting for the surveyors report so it would be worthwhile contacting the surveyor.

I would also tell Trinity as if they do not instruct someone to carry out this work and instruct them by the end of the week, when the whole matter is resolved, you will refer the whole issue to the Financial Ombudsman with a view to getting compensation for the inconvenience that you have suffered.

In cases like this, court is not likely to be an option because a court application could take several months.

Similarly, a complaint to the Ombudsman about the lack of work being done and the lack of urgency could take 12 months to be resolved.

If ultimately, they simply do nothing, then you have to rely on self-help, which means getting the work done, paying the bill and then suing Trinity for the work in the County Court.

You do not have a claim for anything other than your actual losses I'm afraid. Inconvenience is not a head of compensation in the Uk.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

Following your reply above I contacted Trinity and the surveyor, they have now rejected our claim on the grounds that the roof was too old. Seemingly dormer roofs are only "good" for 10 years and this one is at least 17 years old. So despite a perfectly OK roof that was not leaking or damaged before the storm they are saying our claim has no value and will not pay a penny for either the roof repair or the damage to the contents.

Expert:  Jo C. replied 2 years ago.
Sorry for the delay. I was out at court.

Unless there is a provision in the policy schedule which says that they will not ensure flat moves over 10 years old, they cannot rely on the age.

They can rely on the condition and if as you say, it was in good condition and did not leak, they will not escape liability.

I would still not accept what they say.

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