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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70516
Experience:  Over 5 years in practice
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I have a property that has been infected in one room with dry

Resolved Question:

I have a property that has been infected in one room with dry rot. I commissioned a PCA certified timber and damp specialist who conducted several surveys and wrote a report ststaing that the dry rot was caused by a leaking drain.

I have contacted my buildings insurer Countrywide, who passed me on to their subcontractor Axa, who passed me on to 3 loss adjusters, who passed me on to a drainage specialist who passed me on to a drain repair organisation.

This whole process has taken the best part of a year. I think Axa is trying to avoid paying up for the rot. What can I do?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

What would you like to do? You mean to recover the money quickly?
Customer: replied 3 years ago.

I cannot find your answer?

Expert:  Jo C. replied 3 years ago.
No, I haven't answered yet.

I just wondered what you wanted to achieve? Your money as soon as possible I imagine?
Customer: replied 3 years ago.

One of my PCA certified surveyors quoted around £14 000 to have my wooden bedroom floor and bay window replaced. I would like the Insurance Company to fix the problem.

Expert:  Jo C. replied 3 years ago.
Thanks.

Both dry rot and wet rot are caused by damp and lack of ventilation. It is the fungus which is wet or dry not the cause.

There is absolutely no reason why this should have taken a year.

You have two possible options.

Make a formal complaint to the Financial Ombudsman about the way that Axa are dealing with this or rather, not dealing with it. You have to have exhausted the insurance company own complaints procedure before referring it to the Ombudsman. You might want to write to Axa telling them that unless this is resolved by the end of the month, you will refer it to the Ombudsman without further notice.

The alternative is for you to tell the insurance company that if they do not start work by the end of the month, you will get the job done at your own cost and take them to the Small Claims Court for the costs.

All the above assumes that your policy does cover you for this damage and that there is no allegation that this has been caused by any problem of which you were aware and that you simply ignored.

Can I clarify anything for you?

Jo
Jo C. and other Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/