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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I bought a new build four bedroom house and took possession

Resolved Question:

I bought a new build four bedroom house and took possession end of March 2013. One of the bedrooms, above a garage, has been unusable as it is very, very cold. In April this year, after a number of previously fruitless investigations and many complaints, the developer finally discovered the roof space (inaccessible) above the bedroom was uninsulated(!!). They immediately put insulation in and solved the problem within a couple of hours. Basically we've purchased a 4 bedroom house but have effectively been living in a 3 bedroom house for a year; NHBC warranty and EPC certificates were worthless for this period. I'm assuming we would legitimately be due some compensation. How does one evaluate this? We have an e mail correspondence trail and photos of the uninsulated roof space
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

What sort of loss are you seeking to claim please?

Customer:

I'd be seeking some financial compensation. I really wouldn't know how to evaluate it.

Alex Watts :

Ok -

Alex Watts :

You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

Alex Watts :

If they do not then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Alex Watts :

I agree clarification of your loss is hard and if you issue a claim if you do not do it online you can put TBA but less than £10,000 so the Judge knows its a small claim

Alex Watts :

But I agree, you are entitled to compensation because they are in breach of Section 13 of the Sale and Supply of Goods and Services Act 1982 as they have failed to act with all reasonable skill and care

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thank you, XXXXX XXXXX the legal procedure. Perhaps I should consult a surveyor with a view to evaluating the loss and take it from there?

Alex Watts :

Yes a surveyor would be a wise step.

Alex Watts :

The surveyor can also produce a report which can be used in Court proceedings if appropriate.

Alex Watts :

So make sure you use one which is Court approved

Alex Watts :

Can I clarify anything else?

Customer:

No, I think that's all thanks.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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Customer:

The site isn't permitting me to give a rating - it says you haven't finished answering......

Expert:  Ash replied 3 years ago.
Try now!

Alex

Ash and 3 other Law Specialists are ready to help you