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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, the basement flat switched off the mains supply to the

Resolved Question:

Hi, the basement flat switched off the mains supply to the building without warning. They said that it was a mistake. I was then unable to work, cook food, shower or have access to drinking water for 7 hours. I had to make plans to vacate the building and move else where. There was no managing agent, so I called the water authorities myself.

I decided to shower in the gym. On my way out I noticed a bath and sink outside the base ment flat. I went to enquire and discovered builders. I informed them of the situation and when i returned, the water was back on.

Can I claim here ? It was quite distressing to divert my energies to this situation. I had to drop the "work" that I was doing. I had to take on the "role" of an agent.
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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : What losses did you suffer please?
Alex Watts : Did you have to eat out?
Customer:

yes, I had to eat locally.

Customer:

I also lost about 7 hours work. I am self employed. It's difficult to quantify the loss beyond the hours as I am developing a project spectulatively. It was a very stressfull situation and traumatic, as I started to make plans to vacate my flat. On a seperate note, the other 3 tenanted flats enjoyed continuity due to my intervention.

Alex Watts : You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
Alex Watts : If they do not refund you 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 : Can I clarify anything for you about this today please?
Customer:

ok, but can i claim for "time" and "distress" ?

Alex Watts : You could but it would be very nominal for only 7 hours.
Alex Watts : Does that clarify the position?
Customer:

yes, but how much should i claim ?

Customer:

i was thinking a £800

Alex Watts : Less than £100
Alex Watts : You can't quantify over £100 an hour
Customer:

Ok, so some for time, some for distress....bit of guess work ?

Alex Watts : Less than £100 in my view.
Customer:

ok £100......its more principle that amount !

Alex Watts : someone who has been injured in an accident for whiplash would only get £500 for a week.
Customer:

ok i see now

Alex Watts : So £100 is more than enough for 7 hours.
Alex Watts : Can I clarify anything else?
Customer:

how about factoring

Customer:

location and proffesions ?

Alex Watts : You didn't have to do that.
Alex Watts : You chose to.
Alex Watts : Can I clarify anything else?
Alex Watts : If I could invite you to rate my service, if the system won't let you please let me know.
Alex Watts : If you need further help please click reply.
Customer:

sorry one last question "You did n't have to do that" ? Not sure what you mean. To clarify, £100 is the same for every one ?

Customer:

Thanks for your help

Alex Watts : Its a matter of discretion for a judge, but any award for 7 hours will be nominal.
Alex Watts : You didn't have to act as agent sourcing etc.
Alex Watts : You made the choice, so I don't think you could necessarily claim for that.
Alex Watts : Does that clarify the position?
Customer:

Yes thanks

Alex Watts : Great, if I could invite you to rate my answer, if the system doesn't let you, let me know.
Alex Watts : If you need more help please let me know.
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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