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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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In 2007 I was able totake advantage of a Birmingham city scheme

Customer Question

In 2007 I was able totake advantage of a Birmingham city scheme that did works on privately owned properties. For that I had to take out a lifetime loan to be redeemed at the same time as my mortgage. The work I had done was my damproof course. I was never given a guarantee but I do get a letter every year stating the amount I owe. Since that time the damp proof course has failed twice. I had after a lot of trouble on my part been able to get them to repair it twice but that work was never completed and I am still expected to pay them when I redeem my mortgage next year. I have been informed that no further works are to be done on my property. This leaves me in the position of having to pay myself for more work to be done on my property and having to pay the sum attached to my mortgage. I would like to sue them how do I go about this please. Can I sue them? What is my position? Christine Ramos.
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Was the work carried out in 2007 please?

Customer:

Yes....This is a date given on the lasr letter as sent by a employee of Birmingham City Council I received this letter on the 8th of March. Before the people from the council came last year to do the remedial work last year it taken them three years to respond to any of my enquires. I tend not to be able to remember exact dates as I have had four strokes and my memory

Customer:

is therefore impaired. CR.

Joshua :

Thank you. Was any form of warranty included with the work?

Customer:

As stated I was never given a warranty with the original work..

Joshua :

thank you. You have a substantial set of rights under the Supply of goods and services act which provide that the work and material supplied must be of satisfactory quality, fit for purpose and supplied within a reasonable period. the difficulty email face however is that these rights only last for a maximum of six years by virtue of the Limitation Act. whilst the rights you have under the Supply of goods and services act would very likely give you a right for financial redress, I am concerned that if the works were carried out in 2007, they will have been completed more than six years ago and has been the case, you'd be out of time to make a claim.

Joshua :

it would be well worth checking your records to ascertain precisely when the work was completed as this would be the date from which the six-year period runs. If you find you are within the six-year timeframe, you can consider issuing a claim against the Council if they work the entity you paid for the work to be carried out through the loan, to enable you to rectify defects with regards XXXXX XXXXX works

Joshua :

if you find that you are out of time beyond the six-year limit as you suspect may be the case, then you can ask the council to confirm whether warranty was included with the work that was carried out - and it was simply case that you were not supplied with a copy of the same. typically damp proof courses will be supplied with warranty of at least five or 10 years and it may simply be that the copy was provided to you. If warranty was included with the work which is still in force, then you may be able to make a claim under the warranty

Joshua :

finally, if all else fails, you could attempt a claim under your insurance for any damp issues you are suffering. In my experience, if they can identify that the issue is being caused by poor workmanship in relation to the damp proof course, they will use this as a justification to avoid a claim however it may be worth investigating nevertheless

Joshua :

is there anything above I can clarify for you?

Joshua :

Does the above answer all your questions or is there anything I can clarify or help you with any further?

Customer:

The council have stated that the original records have been mislaid by themselves . I tried constantly to get someone at the council to respond to my problem and was passed from pillar to post for three years having been told constanly not to make an official complaint as they would deal with the problem! I have just checked with MP Jack Dromey as I contacted him for help after the three years in Dec 2011 only yours years after 2007. CR

Joshua :

This appears to have either been deliberate or conveient stalling tactics on the part of the council. Presumably they can confirm whether the works scheme included a warranty as part of the scheme provision - unless they are cliaming to have lost details of the whoe scheme generally.

Joshua :

It is possible to make a complaint to the Local Authority Ombudsman having made a formal complaint to the council if you find you are out of your 6 year time limit.

Joshua :

The Ombudsman can independently review the coucils actinos and make recommendations as to how the council should resolve a matter. It is difficult to see any guarantee that they would find in your favour at this point but the process is free of charge so in this sense there is little to lose.

Customer:

They appear to have only lost my papers!! CR

Joshua :

http://www.lgo.org.uk/making-a-complaint/

Joshua :

As above presumably they can advise whether a warranty should have been included under the scheme provisions. The scheme would not have been invented just for your property and would have been offered multiple times. The scheme will have specifications and details of any warranty provided in respect of the damp proof course. You may consider asking for a copy of the scheme details and in particular whether a warranty was included with the scheme. Consider asking this as part of a formal complaint process.

Joshua :

Does the above answer all your questions or is there anything I can clarify or help you with any further?

Customer:

Thank you for your help I will get in touch with the obudsman today

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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