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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Escaped herd of cows have severely damaged the front lawns

Resolved Question:

Escaped herd of cows have severely damaged the front lawns of six properties. Estimate from a local firm comes to about �5,000. We have jointly sent a letter to the farmer dated 18th April; who sent it on to his Insurance Company (NFU) immediately.
NFU have not so far sent around an assessor to agree the claim so we cannot proceed with the work. One neighbour has difficulty accessing his (damaged) vegetable plot; another wants to put their house on the market. I cannot safely get to the end of my garden.
1. How long is it reasonable to wait for a response from the NFU and settlement of the claim?
2. Would NFU be within their rights to insist on a second or third esimate - which of course will take even longer and we may miss the best of the growing season?
Many thanks - Jim Butterworth
Submitted: 8 months ago.
Category: Law
Expert:  Ash replied 8 months ago.
Hello my name is ***** ***** I will help you.Why is it taking so long, have they said?Alex
Customer: replied 8 months ago.
When no response received from insurers; farmer called again 2nd May and they apparently moved it to the "urgent" list
Expert:  Ash replied 8 months 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://s3-eu-west-1.amazonaws.com/hmctsformfinder/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?Alex
Customer: replied 8 months ago.
Just the query - Would NFU be within their rights to insist on a second or third estimate - which of course will take even longer and we may miss the best of the growing season?Appreciate this is a second question - a "yes" or "no" would sufficeMany thanks
Expert:  Ash replied 8 months ago.
Yes they could.........Does that help?Alex
Customer: replied 8 months ago.
OK thanks very much - you have been very helpful :-)Close correspondence now - thanks
Expert:  Ash replied 8 months ago.
Have a good weekend. If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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