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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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I am a Leaseholder in a 1871 divided Large House, one of ten

Customer Question

I am a Leaseholder in a 1871 divided Large House, one of ten Flats in Tunbridge Wells, No 14. House divided in 1984. Until end 2014 we have managed the Property internally, taking on the Offices and registered at Company's House, and individual Flats linked to floor area have paid % Maintenance Charges & when Big jobs needing doing paid proportional one off payments. A Block Management Company has now taken over in 2015 as we were no longer able to sustain enough Leaseholders to take on the offices. I have had a turn in being Company Secretary. I have lived here for 16 years and am aged 72 years. I have been asking the new Block Management Co since 4 April 2015 to repair some potholes which have become deeper because x 2 Flats have had extensive refurbishment and there has been much more than usual traffic etc. Our drive leads into another property No 12 owned by the same Freeholder and the only exit is through our drive. I have asked for the potholes to be repaired on another x 2 occasions and drawn attention to the fact if there are repairs to the drive the cost is split between us and No 12 50/50 and furnished the New Mangement Company with contact details. No repair was made. On 2 August 12.45 I took my plastic recycling bucket to empty into the Bins at the entrance to No 14's drive. On my way back I skidded on a stone/pebble (Parking Bays have pebbles in them, the driveway is asphalt) and lurched into a pothole. If the asphalt had been smooth, I could have righted myself by putting my heel down, I have done this once before, but my Left Foot was stuck by the side of the pothole. I fell heavily, hitting the ground with the side of my Left Hand. I really did see stars. Afterwards I started to stiffen up and in considerable pain & cancelled Pictures and Supper out with friend. Monday 3 August to A&E @ Pembury Hospital by taxi. Dr organised x 3 XRays of Left Foot and Left Hand. More concerned about hand and whether small bone broken. Put in Splint. Told to return to Minor Injuries 10 August & to take 500 Ms of strong painkillers x 3 times a day Did a normal week, worked x 3 days covering a Gallery and stayed over. Reduced painkillers as disagreed with me. A difficult week. But did not drive and had lofts because of Splint. 10 August returned A&E and saw same Dr in Minor injuries and after more examination of XRays, fractures showed up in foot. Hand not broken but severe Sprain and Splint stayed on. Left Foot Put into Big Black Boot for at least X 6'weeks. Found alternative Painkillers. Life rather grinds to a halt and I become very exhausted moving around with the boot. 20 August see Mr Richie at Fracture Clinic. He confirms not a Fragility Fracture but me hitting the ground hard. Keep Boot on for 6 - 8 weeks. I contacted the Block Managing Agent on 3 August to tell him I had a fall linked with Potholes I texted him 10 August when Fracture diagnosed 11/12 August Potholes filled. There are x 12. The Postman, other Residents all had a view that the Potholes were dangerous. I took photos with my mobile. I have asked for Insurance details, Buildings & Indemnity/Personal Liability Insurance to make a claim for negligence. I am already out of pocket to the tune of over £600 plus. After first session of Physeo advised to keep Boot on until mid October. Mr Richie in Fracture Clinic said No high heels for a year, need to continue elevating Left ankle daily and at night on pillows for a year otherwise I could be left with a swollen ankle for ever Managing Agent sent x 2 rather mocking and dismissive emails denying any responsibility. Could you tell me if I have grounds for a Compensation Claim. I have never done this before. If yes do I need to do this using a Solicitor. Are there Solicitors that offer reduced charges to OAP's? Thank you very much. Tricia XXX

Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Customer: replied 2 years ago.
I am ok to wait longer while you try and find an appropriate Legal person to offer info. I am most perplexed that it seems impossible to get names of Insureres from Managing Agents. I do have email copies (done by friend) of my asking for Potholes to be filled
and of texts sent.
Thank you for assisting me
Tricia Gill
Expert:  Nicola-mod replied 2 years ago.
We will continue to look for a Professional to assist you.
Thank you for your patience,
Customer: replied 2 years ago.

I contacted you & paid my £38 on Friday 11 September pm. It is now Tuesday 15 am and I still have not heard about an Expert who is going to help me with my difficulty. If it is not possible to find an appropriate Expert, I would appreciate a refund of my £38 please. Thank you Tricia XXX