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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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In 2002/2003 my house was being monitored .

Resolved Question:

Hi
In 2002/2003 my house was being monitored for subsidence. In 2004 Drainage Repairs were carried out. The report stated that "the likely cause of the subsidence to result from clay shrinkage exacerbated by moisture extraction by roots from the nearby trees" We weren't entirely satisfied with this as we although not experts thought that the insurance company should maybe have underpinned the house. We rang Nationwide, told them what had happened, and asked them to give us a quote to transfer over to them. They asked if the property had been repaired and we said yes it had and they agreed to take us on. The property has now got cracks on the ceilings and down the walls, in most of the rooms in the house. I rang Nationwide and informed them of this and they sent down an engineer to make a full report. Nationwide are now saying that we didnt tell them that the property had suffered subsidence, They are also saying that they sent us a form to confirm that the form was filled in correct but we never received such a form. We 100% told them the truth. Please advice on what we should do next.
Thanks
Chris
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Just to be clear the defective report was carried out in 2004?

Customer:

HI Alex,

Customer:

Hi Alex

Customer:

The work was carried out November 2nd 2004

Alex Watts :

Its bad news I am afraid to say.

Alex Watts :

Under the Limitation Act 1980 you have 6 years to bring a claim for breach of contract.

Alex Watts :

That means if it was carried out on 2nd November 2004 then you had until 1st November 2010 to bring a claim

Alex Watts :

As it is now March 2015 I am sorry to say that you are 4 years out of time

Alex Watts :

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.

Alex Watts :

Bearing in mind it has been over 4 years I am sorry to say you are out of time

Alex Watts :

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

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

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.

Alex Watts :

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.

Alex Watts :

Write and make a formal written complaint which they will have to investigate.

Alex Watts :

If they find against you then you can go to the Ombudsman. They offer a free, independent service at: www.financial-ombudsman.org.uk

Alex Watts :

That should resolve your complaint for you.

Alex Watts :

If not and they refuse to pay out then you can sue for breach of contract

Alex Watts :

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.

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 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.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Okay Alex thanks. If i need any more advice can i contact you again?

Alex Watts :

Of course, just put any future questions for Alex W

Alex Watts :

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

Alex Watts :

if you need more help please click reply

Customer:

Many thanks Chris

Alex Watts :

Good luck Chris

Alex Watts :

Thank you

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