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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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25/07/2016 10:23 I have another question the barrister. Due

Resolved Question:

25/07/2016 10:23
I have another question for Alex the barrister.
Due to the fact that there is a defect in the construction we have been unable to use an entire floor of the house for the last two years. Can I obtain financial compensation for this say take the cost of the mortgage for the last two years and divide it by four (the house has four floors but we can only use 3 floors)
And what area of the law would this be, thanks
Submitted: 1 year ago.
Category: Property Law
Customer: replied 1 year ago.
can I have Alex the barrister to reply this: because he is familiar with this case, thanks?
Expert:  Ash replied 1 year ago.

Hello. Well no, because you would have had to pay the mortgage anyway.

You may be able to claim 'some' of the interest you paid on the mortgage, but thats it.

You dont want to overclaim - otherwise even if you win you can be penalised on costs.

Alex

Customer: replied 1 year ago.
also we have been unable to cultivate / use the garden for 18 months so I could claim mortgage interest for that as well?
Expert:  Ash replied 1 year ago.

No, that forms personal injury, loss of amenity.

Interest maybe for 25%.

Alex

Customer: replied 1 year ago.
what is the claim value for the lost of amenity for your garden and one complete floor of your house then
Expert:  Ash replied 1 year ago.

As previous indicated its included in the personal injury for psychiatric/psychological injury. You may be able to claim for 25% of interest for the period for loss of use, that is it.

ALex

Customer: replied 1 year ago.
but I need the figure split so that I can understand what is what.Alex said: stress up to £6,850
then is the factor of the time suffered the injury / stress: 2 years
Finally is the loss of amenity time/ because we are unable to enjoy physical elements of the house
Customer: replied 1 year ago.
I just want a figure with split elements for what is what
Expert:  Ash replied 1 year ago.

Stress up to £6,850

psychological up to £4,900

You cant claim loss of time/unable to enjoy house as that is taken into account for the above.

Interest paid on that portion of the house - 25% of interest charged during duration.
Alex

Customer: replied 1 year ago.
what is the difference between stress and psycological damage and what is the test. Sorry to ask but I am not a lawyer so these concepts are hard to grasp
Expert:  Ash replied 1 year ago.

You need an expert report saying what type of condition it is. I am not a medical expert and would rely on such a report. I am not qualified to tell you what each are, that is for a medical expert.

I would just be relying on what that medical expert said.
Alex

Customer: replied 1 year ago.
I want to understanf the difference in definition from a lawyer point of view, please explainAlso, can I add to the interest paid for the mortgage other costs incurred to acquire the house such as the stamp duty and layer costs etc, which are the expenses that we incurred to acquire the house, but now there are parts of the house which we can't use?
Customer: replied 1 year ago.
why is my question not being answered?
Customer: replied 1 year ago.
I have found these definitions on the onbudsman website, can you tell me what the compensation rewards are for it?distress – including embarrassment, anxiety, disappointment, loss of expectation, upset and stress. There may be some overlap with pain and suffering (see below) – for example, if the distress made someone ill;inconvenience – including the time someone’s spent and/or effort they’ve had to go to as a result of a business’s mistake;pain and suffering –including physical or mental suffering arising from what a business has done; ordamage to reputation – where someone’s personal reputation has been negatively affected as a direct result of a business’s actions.
Expert:  Ash replied 1 year ago.

Please bear in mind you have only paid a minimal amount for the second question, a phone call was offered and you did not accept. I am also in and out of Court as I am a lawyer. You asked for low detail low urgency on the question.

I can not give a view on the difference, I am NOT medically qualified.

Only a medical expert can give you that definition and prognosis.

Distress - £5000

Inconvenience - time spent £19 per hour

Pain - I have already given you the bracket for this above

Damage to reputation - no more than £50,000

Alex

Customer: replied 1 year ago.
I do not mean to be argumentative but in the phone call we were going through various concepts which I am not familiar with, and I was not 100% clear with the answers. So it is still part of the same question...Is distress and stress in the same category?And is damage of reputation over and above a defamation case?Thanks for letting me know
Expert:  Ash replied 1 year ago.

Distress and stress is the same if its a recognised diagnosis

Damage of reputation IS defamation, so one and part

Does that clarify? Alex

Customer: replied 1 year ago.
you colleague Alex the Barrister said that the defamation case can have an award from £50,000 up to £1,000,000 so I am not sure why damage of reputation is only £50,000... or are there more aspects that I need consideringCan you answer my earlier question re: adding mortgage interest costs to the claim together with the other assiciated expenses to acquire the house (stamp duty / solicitor fees)
Expert:  Ash replied 1 year ago.

You cant add other costs like stamp duty etc as you would have had to pay those in any event.

In terms of damage to reputation it is for YOU to prove what level of loss you have suffered.

A Judge will say how did you come to that figure? You cant just pick a figure out of thin air.

Alex

Customer: replied 1 year ago.
Ok, so can you give me examples of how to build a figure then? I am not a solicitor so this is where I need your help
Expert:  Ash replied 1 year ago.

I dont know what your loss is. If its loss of reputation and you are getting less work you would need an accountant to work that out.

Working out loss of that kind is beyond the remit of this site, which is a question and answer site only.

It may be you need to instruct a Solicitor who specialises in defamation claims. Alex

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