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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9777
Experience:  I have been practising for 30 years.
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I had an insurance company come out to fix a leak and they

Resolved Question:

Hi I had an insurance company come out to fix a leak and they have damaged my property, when I questioned the company about this, they claimed to have a signed disclaimer form. I 100% signed no such form.
Submitted: 29 days ago.
Category: Law
Expert:  F E Smith replied 29 days ago.

Hello could you please explain exactly the damage that was caused?

Customer: replied 29 days ago.
ripped my ceiling down to gain access to pipework, damage was avoidable by removing screws but the tradesman just ripped it all down.
Customer: replied 29 days ago.
ceiling is in a large walkway between two houses that my bathroom is above.
Customer: replied 29 days ago.
aload of insulation boards and PVC coverings
Expert:  F E Smith replied 29 days ago.

Thank you. It doesn’t matter whether they did get you to sign a disclaimer form or not. Any attempts to limit liability in respect of negligence is only enforceable if it passes the Unfair Contract Terms Act of Reasonableness. It’s unlikely therefore that even if you had signed this, the disclaimer is worth anything.

They cannot simply drive a coach and horses through your house and wreck the place in pursuant of this repair and then say they are not responsible because you signed a piece of paper!

Unless the insurance company refused to put everything right, make a formal complaint and tell them that if they don’t pay for this damage caused by their incompetent idiot contractors, you will refer the matter to the Financial Ombudsman Service. http://www.financial-ombudsman.org.uk/consumer/complaints.htm

They have 8 weeks to respond before you can referring to the Ombudsman or you can refer it as soon as you get an unsatisfactory reply from the insurer.

. Can I clarify anything else for you?

I’m happy to answer any specific points arising from this.

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat you. You are you, a place you say you are you so less you are The head! All you need to do is press Submit. Thank you. If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.

FES.

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