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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70419
Experience:  Over 5 years in practice
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I had a major flood in my home sat 30th of march 2013 since

Customer Question

I had a major flood in my home sat 30th of march 2013 since then I have been treated abysmal by my insurers .I am still not in my home I am sleeping in a bunk bed at the age of 58 none seems in any rush ,up to date I have received £63,000 to date £37000 was contents the building work came in at £68,000 I am still waiting for the rest they have had the invoices the 18th of December 2013 I have had to beg steal and borrow money to try and get my home back together. I am contemplating going to a solicitor to sue for undue stress
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

How can I help with this please?
Customer: replied 3 years ago.

I WANT TO KNOW IF I HAVE A CASE FOR SUING THE INSURANCE COMPANY FOR UNDUE STRESS OR WHAT MORE CAN I DO

Expert:  Jo C. replied 3 years ago.
What are you now waiting for?

When will you be back in?

Why are you not in a hotel?
Customer: replied 3 years ago.

I am still waiting for the final payment from my insures so that I can pay the workmen to finish the job, I have begged borrowed and stolen from people to pay them to continue work but now all my resources have run dry and I need the final payment from my insurance company to finish off to make it liveable to move into.


 


I still do not have a definite date when I can move back in.


 


The hotel they offered me was full of builders so I thought it would be easier to move in with my daughter I never dreamed I would still be there.

Expert:  Jo C. replied 3 years ago.
Thanks

You could have asked for alternative accommodation if it was not suitable. By moving into your daughters, you have made things easy for them and that is why the insurance company have not been in any rush to settle this.

You certainly have a complaint to make the Financial Ombudsman. However, under the circumstances, that could take 12 months to resolve. Although the Ombudsman does have the power to award you compensation.

You can also issue proceedings against the insurance company for breach of contract, although that will involve legal costs which you may get back it goes to court and you win.

Claims for stress are extremely difficult to bring unless you can get a psychiatrist to confirm that you are suffering from stress and stress is brought on by this. Without the medical evidence, a claim for stress will fail.

You may be entitled to compensation for inconvenience and loss of opportunity resulting from their breach of contract, but that is a different issue altogether.

You can still ask them to put you in a hotel.

You can pay the money yourself which I appreciate may not be at all possible to finish the job and then pursue the insurance company.

You can complain to the Financial Ombudsman.

You can issue legal proceedings.

Contact the insurance company in writing telling them that unless they approve and make the next payment due on this by Friday, 28 February latest you will refer it straight to the Financial Ombudsman as a complaint without further notice.

Can I clarify anything for you?

Jo