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Are you sure they knew please?
I have not got confirmation yet that they knew it was there, but have asked quoting the freedom of information act (not sure if that will work!) for details of when they knew about it, when they first treated it and how they intend to eradicate it. The company is being very evasive and I only have a name, Tom Humphries, they will not give me a contact number for him or email address. He should have called me today regarding the problem but unsurprisingly didnt!
Sadly the Freedom of Information Act does not apply to private builders, this only applies to a public authority
However if they knew or reasonably knew then yes you could sue them
You would be able to sue for the cost of disposal.
You would need to get a number of quotes for putting the work right
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 recorded 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://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 matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Can I clarify anything for you about this today please?
Thanks for your clear advice, I will be chasing these points up.
Thanks - good luck with this
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Thank you Alex, it says I cant leave feedback until finished answering. I am happy with your answer and consider it finished.