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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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On the 23/12/13 we suffered storm damage to our house roof.

Resolved Question:

Hi on the 23/12/13 we suffered storm damage to our house roof. This resulted in damage to both the front and r ar bedrooms. A claim was made to our insurance company for the repairs. After 17 months 3 builders 2 drying companies 2 loss adjusters they finally completed the work which should have taken no more than 2-3 months. During this time we lost the use of our back room as it became a building site. As a result of their incompetence we took the insurance company to the ombudsman. They found in our favour but only awarded an additional £450 over the piecemeal payments made by the insurance company, making the total £1500, this equates to approx £3 per day. Which is far less than the guidelines on the ombudsman web site.
We are of the opinion that the ombudsman has not acted impartially and failed to follow their own guidelines is there any other process we can follow to correct this and obtain reasonable compensation and do we stand any chance of improvement if the ombudsman has given a decision albeit not accepted.
Regards
Andy
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello Andy my name is ***** ***** I will help you with this.
How much are you seeking please?
Customer: replied 2 years ago.
Hi Alex
The ombudsmen web site indicates that the compensation for severe issues as between £2000 and £5000. We were looking for the higher end but would settle between these two figures. Link attached for your info
http://www.financial-ombudsman.org.uk/publications/technical_notes/distress-and-inconvenience.htm#a8
Regards
Andy
Expert:  Ash replied 2 years ago.
You need to write and set out your losses and request compensation 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 compensate 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.
Alex
Can you please advise on the situation further as we have been to the ombudsman they have offered £1500 and there is no delivery of goods as it was poor workmanship and considerably extended topi me period for the repairs.
Regards
Andy
Expert:  Ash replied 2 years ago.
Any ombudsman decision is not binding it's a recommendation only. If the hurdles say between £2000 and £5000 then this is what you should claim.
If it's poor workmanship then they are also in breach of section 13 of the sale and supply of goods and services act 1983 by failing to act with all reasonable skill and care.
Does that help?
Alex
Customer: replied 2 years ago.
Thanks for your response.
If we sign the ombudsman acceptance document are we then legally bound by the decision and unable to take it further.
Regards
Expert:  Ash replied 2 years ago.
Sadly yes.
Alex
Customer: replied 2 years ago.
Do you think that if we took the matter to the small claims court we could have a case.
Regards
Andy
Expert:  Ash replied 2 years ago.
Yes I do.otherwise I would not have suggested it to you.
Alex
Ash and 3 other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Hi
I am just following up to see if there is anything else I can help with?
If you have not done so already 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

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