How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

Our garage suffered storm damage. Insurance claim settled.

Resolved Question:

Our garage suffered storm damage. Insurance claim settled. Contractor appointed and did job using Sub-contractor. 2 days later it rained and garage still leaking. contractor informed and they sent the Sub-contractor to fix. Whilst he was on the roof it collapsed and bowed the outer walls. After over 100 e-mails and letters together with the services of a Structural Engineer I can not get anyone ( (insurance Company,Contractor,or Sub Contractor) to accept blame or responsibility. what avenues are now open to me?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
What is the cost of repair please?
Customer: replied 2 years ago.

£6304.80

Expert:  Ash replied 2 years ago.
I assume the insurer appointed the contractor?
Customer: replied 2 years ago.

No. They were picked from the YELLOWPAGES. Had to have quote before they would even talk about the claim.

Expert:  Ash replied 2 years ago.
Ok - so you picked them?
Customer: replied 2 years ago.

yes (and regretted it with hindsight). once I received their Quote I then contacted the Insurance Company and they gave me the go ahead to accept and have the work carried out

Expert:  Ash replied 2 years ago.
I see. Thank you. In that case as YOU instructed them sadly it is between you and the Contractor. You shouldnt be chasing the sub-contractor.
Your contract is with the Contractor, his contract is with the sub contractor. That means that you need to deal with the Company you contracted. What you need to do is get a number of quotes for putting the work right, this forms your loss.
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.
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.
Can I clarify anything for you about this today please?
Ash and 2 other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might 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.

Alex

Related Law Questions