Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
Have you provided them with a cost to replace and / or repair the damage? If so, what have they said about this?
Please can you also tell me how long ago this was?
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Many thanks for your patience. This certainly appears to be a case of negligence where the plumber’s actions were negligent (i.e. fell below the standard expected of a reasonable plumber) and in the process caused you damage.
In such circumstances they would be expected to compensate you for any losses or expenses incurred as a result of their negligence. Only direct costs would be payable so whatever losses were caused as a direct result of their actions. Whilst leaving the carpet to be cleaned could have been a reasonable expectation, that may no longer have been the case if the situation had gotten worse, which it appears to have. So regardless of what they had asked you to do, you may have had to act otherwise and taken the carpet out. That does not mean they have no liability towards it so you are still able to pursue them further as necessary and try to get more appropriate compensation.
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Thank you. Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:
1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter.
2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.
3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.
Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.