Hello my name is ***** ***** I will help you with this.
Just to be clear the defective report was carried out in 2004?
The work was carried out November 2nd 2004
Its bad news I am afraid to say.
Under the Limitation Act 1980 you have 6 years to bring a claim for breach of contract.
That means if it was carried out on 2nd November 2004 then you had until 1st November 2010 to bring a claim
As it is now March 2015 I am sorry to say that you are 4 years out of time
Limitation is an absolute defence I am sorry to say. Courts would only grant an extension if it was a matter of days or indeed if you had been in a coma or something like that.
Bearing in mind it has been over 4 years I am sorry to say you are out of time
I am very sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest
Can I clarify anything for you about this today please?
Hi Alex, I am not disputing the first claim. My point is that we changed insurance and went with Nationwide. The property has again got cracks in the ceiling and the walls. Nationwide the insurance company which we are with now are saying that we did not inform them that the property had suffered subsidence when we took out the insurance with them. My argument with them is that we did inform them. They are saying that they have no record of us doing so.
Yes indeed. In that case you can complain and go to the Ombudsman. You need to first raise a formal complaint with the insurance company.
Write and make a formal written complaint which they will have to investigate.
If they find against you then you can go to the Ombudsman. They offer a free, independent service at: www.financial-ombudsman.org.uk
That should resolve your complaint for you.
If not and they refuse to pay out then you can sue for breach of contract
You need to write and set out your losses and request a refund of the cost of repair 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.
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.
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.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Okay Alex thanks. If i need any more advice can i contact you again?
Of course, just put any future questions for Alex W
If this does answer the question can I ask you to rate my answer before you go today please, the button should be at the bottom of the screen
if you need more help please click reply
Many thanks Chris
Good luck Chris