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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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In restoring a house in 2011 I paid a local company specialising

Resolved Question:

In restoring a house in 2011 I paid a local company specialising in chimney care and maintenance to de tar and reline a chimney. Part of the contract involved the fitting of a new chimney pot.The total expended on the chimney work was circa £3,000.Earlier this year a large damp patch became visible on the external wall beneath the chimney. After involving my insurers a full survey of the chimney area was carried out from which it became apparent that the flaunching and cement rendering around the chimney pot had not been done properly in 2011. It was this poor work which has resulted in having to bring in builders to remedy the situation. Whilst my insurers have paid for the scaffolding they will not meet a claim for the chimney repairs which they consider a maintenance issue.The company who did the chimney work sent their internal quality supervisor who acknowledged that the defective flaunching was almost certainly the cause of the damage. The director in charge of the company,though, will not engage with me to offer compensation for the cost which I have incurred in carrying out the repairs. In fact he just ignores any communication which I send him.The amount I am out of pocket, including a £250 excess, is £700.My specific question is what options do I have to pursue this company if they flatly refuse to answer my communications and discuss compensation. Is there a trade dispute ombudsman or is the only option to use legal pressure?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is ***** ***** 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 : So that I am clear what will your personal losses be please?
Customer:

Thank you for responding. My loss will be the cost of repair work on the chimney - £410 and £250 policy excess plus any legal or related expenses..All other costs including internal decoration where staining from the wall has occured and the costof scaffolding will be met by my insurers

Alex Watts :

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

Alex Watts :

If they refuse then you can issue proceedings which can be done online at: www.moneyclaim.gov.uk or by competing form N1 at: https://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf


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

Alex Watts :

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

Alex Watts :

But yes you should not be out of pocket

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

I am well documented with surveyor reports and photographs. What costs will I incur if the matter ends up in the small claims court?

Alex Watts :

A list of Court fees is found here:

Alex Watts :

http://www.justice.gov.uk/courts/fees

Alex Watts :

Does that clarify?

Customer:

If the claim is contested does one need court representation or can one represent oneself? Generally, what sort of time frame is involved in a small claim being processed.

Alex Watts :

You can represent yourself being a small claim

Alex Watts :

If not contested - couple of weeks

Alex Watts :

If contested - 6 months to trial

Alex Watts :

Does that help?

Customer:

Thank you. I think that covers matters for the time being. May I come back to you in future on this matter if I require further clarification?

Alex Watts :

Of course

Alex Watts :

If this answers the question might I invite you to rate my service

Alex Watts :

If the system wont let you, please do say

Alex Watts :

If you need more help please click reply

Customer:

Yes will do.

Customer:

Good service.

Alex Watts :

Thanks - if the system wont allow it, please say

Alex Watts :

You need to click on the button, I cant do it for you

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