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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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I have my mum, 67, living with me in London. The boiler on

Resolved Question:

I have my mum, 67, living with me in London. The boiler on the flat above blowed up more than a year ago and 100 litres of water dropped inside my boiler twice. I been dealing withthe insurance claim for more than a year now and they still didn't repair the damage and replace the boiler, they keep asking me to deal with different plummers to get a cheaper job and I don't know what else to do. I just asked them to call themselves to the one they believe will do the job for the money they are willing to pay, but them answer again is that I have to find the plummer.
My mum just suffer a very complicated hystereoptomy and she suffer 3 infections, her best chance is to have the maximum hygine possible and is so difficult without hot water, neither heater. They know about it but it is obviously not them problem. What can I do? Thanks a lot for your advices.
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 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 :

I'm sorry to hear of your circumstances. Mayor clarify are you making a claim against your own insurance policy or your neighbours insurance policy please?

Joshua :

*May I clarify...

Customer:

My neighbours; Remus, the service charge company of the building is doing it in my behalf, I am a share ownership, owning the 40 % of the property.

Joshua :

Thanks

Joshua :

Has the insurer accepted liability but is just fussing about how much to pay?

Customer:

that's right, just the boiler total job is 4700 as there is some legal changes on the H&S REQUIREMENTS that are increasing the cost of the job largely. Plus a redecoration charges already accepted to another contractor.

Customer:

Lately they accepted 3900 for both jobs, which is far of the real cost.

Joshua :

Thanks. Finally do you have in writing that they accept liability? Do you ave your own insurance?

Customer:

I have no insurance

Joshua :

thank you.

Joshua :

It is reasonable for the insurer to require you to source at least two or three independent quotes from gas safe registered engineers and the insurer can insist that you use the cheaper of the three unless there was a justifiable reason on your part not to do so - they didn't have the correct gas safe registration or were not insurer etc.

Customer:

I have just Emails from remus.

Joshua :

If you have done so, and the insurer continues to insist that the quotes you have obtained are above market rates, then you can as you have done, suggest that they source their own contractor if they consider that they can obtain one for a lesser cost. What they cannot do is simply refuse to pay and unreasonably require you to obtain more than three quotes.

Joshua :

If this is what they are doing, you have two principal options. If you have sufficient funds to enable you to pay for the work yourself temporarily, you could notify the insurer that you have supplied three independent quotes and are prepared to use the cheaper of the three and that you require the insurer to either source a cheaper quote and instruct that contractor within 10 days or instruct one of the contractors from which you have sourced a quote. they failed to do either of these things within say 10 days of the date of your correspondence, you reserve your right to instruct the cheaper of the three contractors yourself and reclaim the cost from your neighbour and his insurer

Customer:

So I have done that but how long can they delayed and what can I do to obly them if they insist that is me who have to provide more and more quotes?

Joshua :

if you do not have sufficient funds to cover the cost of the replacement boiler yourself, then you can still follow the above line with the insurer but you will not be able to have the work carried out using your own money in the circumstances. if this is the case, you will need to consider issuing a claim in the Small Claims Court for recovery of the cost of the contractors quote. if you have an acceptance of liability on the part of the neighbour or the insurer, you could seek summary judgement of the court. this means you can bypass the need for a hearing and asked the court to decide immediately based on the evidence of their acceptance of liability. In either event, once you have obtained judgement, you can claim the monies from the neighbour or his insurer together with court costs. You can then use this money to pay for the work in the usual way

Joshua :

of course, one would hope you could resolve the matter without applying to the County Court and you may find that the threat of doing so may be sufficient to encourage the insurer to play ball. However, if it does not, the process is very straightforward and you can issue a claim using the following link online:

Joshua :

https://www.moneyclaim.gov.uk/web/mcol/welcome

Joshua :

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

Customer:

It's very good, thanks a lot. I am asking Remus to forward the acceptance of Liability as all I have is them Emails with them own words summarising the insurer claim, but nothing from the insurer itself.

Customer:

Is anyway I can contact you tomorrow if I need further help? Thanks a lot.

Joshua :

I'm glad I could assist. Yes of course I'm very happy to continue to assist as the matter develops. If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. this will also save the thread to your account and you can return at any time if you have any follow-up questions shall be pleased to assist with without further charge. You can return through your account on the site or through a link you should have received by email.

Joshua :

You can also bookmark my profile if you wish

Joshua :

http://www.justanswer.co.uk/law/expert-joshua/

Customer:

Ok Thanks so much, I will fill the feedback right away.

Joshua :

Many thanks.Best wishes

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