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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Three years ago my house had damp or should I say wet problem,

Resolved Question:

Three years ago my house had damp or should I say wet problem, plumber said it was coming from next door their builder said it was rising damp my insurer agreeded had problem fixed, but it continued. After going to numerous agencies got the council and they discovered that a waste pipe had not been conected, they fixed this so the problem stopped my insurance paid for repairs, but I am now left with increased premiums and next door have washed their hands of the whole thing not even an apology, can I claim any compensation
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 :

Did your neighbour know about it please?

Customer:

My neighbour knew we had a problem but because their builder and my insurance said it was rising damp that was the end of our contact until the problem got worse then they refused access to my contractors and then I got the counncil involved. As soon as they knew they were the cause they rectified the problem and the council came out to check that they had and that was the end as far as they were concerned. I feel that we have been let down by all sides as we have had all the mess and expense through no fault of our own.

Alex Watts : Yes you can claim.
Alex Watts : This is negligence and or nuisance.
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:

As my insurance paid for the repair the second time am I still able to claim compensation for our distress and inconvienence. Thankyou for your help.

Alex Watts :

Yes you can still make a claim

Alex Watts :

Does that help?

Customer:

Yes thank you

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