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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My 200 year old property had their wrought iron railings demolished

Resolved Question:

My 200 year old property had their wrought iron railings demolished by a tractor. The insurer is arguing condition, wear and tear, and the reinstatement material. The property isn't listed but is a named property in a conservation area and the railings can't be changed without planning consent. Surely they are obligated to reinstate what pre existed and not dictate a cheaper option?
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply. !
Alex Watts : Yes they should replace like with like.
Alex Watts : Although there may be an argument for wear and age.
Alex Watts : But yes it should be like with like.
Alex Watts : If you are not happy with their decision you can complain to the Ombudman.
Alex Watts : They offer a free, independent service. Their website is www.financial-ombudsman,org.uk
Alex Watts : can I clarify anything for you about this today please?
Customer:

Thank you for your reply. The Financial Ombudsman has said its a legal issue, as the insurer is not refusing to

Customer:

Thank you for your reply. The Financial Ombudsman has said its a legal issue, as the insurer is not refusing to pay

Customer:

Thank you for your reply. The Financial Ombudsman has said its a legal issue, as the insurer is not refusing to pay. So it is clarification of their obligation under English law, I would be seeking. You could not expect 200 year old railings to be mint condition, but they were annually painted and they were fully

Alex Watts : If they refuse to replace like with like you would be able to issue proceedings against the insurer.
Alex Watts : 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.
Alex Watts : 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.
Alex Watts : 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.
Alex Watts : 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.
Alex Watts : Can I clarify anything for you?
Customer:

Thank you for your reply. The Financial Ombudsman has said its a legal issue, as the insurer is not refusing to pay. So it is clarification of their obligation under English law, I would be seeking. You could not expect 200 year old railings to be mint condition, but they were annually painted and they were intact and in place. It is the farmers tractor insurance that I am negotiating with. Whilst I have to mitigate their loses, I thought they had to put me back where I was before and with out prejudice?

Customer:

Sorry I keep hitting the return button which seems to send my reply before I have written it! But I think your last answer has helped me for now. Thank you

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