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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We bought a new build house, which is under shared ownership

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Hi - we bought a new build house, which is under shared ownership - we found out that the house was not fire safe, and the survey that was done when the house was built was wrong. We found this out as flats on the same development burnt down 2 years ago. They decided to move us out and back in again whilst works were being under taken (fireproofing across the entire house). They are now saying that we are not able to have any compensation, and that the insurance company were aware and this did not affect our insurance. I don't believe this is the case and really need some help to confirm if we should pursue this.
Submitted: 10 months ago.
Category: Law
Expert:  Ash replied 10 months ago.
Hello my name is ***** ***** I will help you with this.Has the insurance company said they will fully pay out please?Alex
Customer: replied 10 months ago.
I have had no dealings with an Insurance company, this was done through the housing association who own the part of the house and the NHBC. The only query I had on the Insurance side was the fact that I believe this would have made our Buildings Insurance void as the house would have been insured on the basis it was firesafe, which it was not. I believe that having my family at risk due to a survey being done, saying the house was safe, when it was not, would be liable for compensation. Especially for the upheaval this has caused and the additional stress etc.
Customer: replied 10 months ago.
The Housing Association will not give us anything in compensation for everything we have been through, and just say "sorry" and that they were not obliged to even contact us, which surely cannot be the case. I think I have a case to take them to court but I really do not know enough to confirm either way.
Expert:  Ash replied 10 months ago.
How much are you seeking to claim please?
Customer: replied 10 months ago.
The guy who did the building work to fix the house said it should be easily £9,000 - I have lived here since it was built (9 years ago), I believe I should get money back for all of the rent I have paid, at least a percentage of the house value, I don't entirely know. They are currently refusing anything.
Expert:  Ash replied 10 months 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://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 10 months ago.
I don't know what would be classes as "losses", monetary wise, I have not spent anything, however leaving my family in a house that was unsafe for 9 years, to me, is worth a lot of money. What would I need to evidence a loss?
Expert:  Ash replied 10 months ago.
You need to show if you have suffered stress, distress or other mental losses like that. They dont need to be actual losses.Does that clarify?Alex
Customer: replied 10 months ago.
That's fantastic. Thank you so much. I will submit a Claim - do you think this has grounds to be successful?
Expert:  Ash replied 10 months ago.
I think you have an arguable claim.Does that clarify?Alex
Customer: replied 10 months ago.
It does. I am really thankful for your advice.
Expert:  Ash replied 10 months ago.
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
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Experience: Solicitor with 5+ years experience
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