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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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We bought a flat in January 2012. There was a two year warrantee

Resolved Question:

We bought a flat in January 2012. There was a two year warrantee for repairs which ended in October 2014. Since the end of this warrantee we have had a leak from our bathroom toilet which caused extensive damage. The damage to the flat (rising damp and grouting failure on bathroom floor) was covered by the building insurance but we had to pay for the pipe repair plus the excess (around £750 in total).
The engineers who fixed the leak said it was caused by inadequate fittings (two pipes of different sizes put together at the back of the toilet) which were fitted before we bought the flat. They also discovered that our bath had no support underneath and said that it was at risk of collapse (the legs were suspended in the air). We paid extra for them to put wooden supports under the bath. We have emails from the engineers and photos of the issues described. Can we claim the money for the repairs and excess under the original warrantee?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
How much have you paid out? Is it the £750 please?
Alex
Customer: replied 2 years ago.

Yes, we paid £250 on the excess (buildings insurance) and over £500 on the repair to the leak. We have the invoice so we can check the exact amount.

Customer: replied 2 years ago.

Hi,

I just wanted to update on the total we have paid for the repairs - my husband has confirmed it was £336, not approx £500 as I had thought.

So, we have paid £336 for repairs + £250 for the buildings insurance excess. A total of £586

Thanks

Expert:  Ash replied 2 years ago.
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?
Customer: replied 2 years ago.

Hi Alex,

That's great, thanks. Do we need to only mention or actually give the email evidence stating where the fault came from and photos that we have from the engineers who fixed the leak? If we have to take this to the county court, will we be expected to pay any legal costs?

Expert:  Ash replied 2 years ago.
You only need to disclose the email if requested. If you take it to Court there will be legal costs but they are limited and will be added to the claim if you win.
Alex
Customer: replied 2 years ago.

Hi Alex,

Thanks for the information. Can I ask if we lose the claim do we still have to pay legal costs?

Thank you

Expert:  Ash replied 2 years ago.
If its a small claim no, only Court listing fees. If its not a small claim then yes as costs follow the event.
Does that clarify?
Alex
Ash and 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