How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask AKSimpleLaw Your Own Question
AKSimpleLaw, Solicitor
Category: Law
Satisfied Customers: 529
Experience:  Experience in Litigation, Property, Family and Employment Law matters
Type Your Law Question Here...
AKSimpleLaw is online now

I spoke with you earlier a few weeks ago in relation to

This answer was rated:

Hi I spoke with you earlier a few weeks ago in relation to legal expenses not being upheld through my house insurance policy, relating to defects on my new build. I had to involve the ombudsmanThe ombudsman upheld my claim on two aspects. (1) re review my claim without the exclusion previously stated and if upheld pay my expenses and (2) if not upheld pay any legal fees incurred for legal assistance to the point of indicating a successful caseThe company concerned however are still proving difficult with me and are arguing still.The current argument is over the fact that the ombudsman stated that regardless of whether or not my claim is upheld that I be paid for any legal advice to the point of proving a reasonable chance of success.The costs schedule I have given the company is all my costs to date inc what I had to pay for PoC to be filed.Whilst I appreciate this item may be struck off all of the other costs I feel are relevant because there has been the necessity to organise expert witnesses, reports, Scott schedules to determine impacts of the situation etc etc.The company are trying to say these should not be included.Can I argue that they are because without all of the knowledge I have had to gain along the way to determine my success rate I have had to go through these processes without this whilst I may have had a good case it is simply not black and white and a case of a few hours legal chat to dissident this case/claim and I feel they are being pushy over what they are now still trying to dictate
Hi! I am a qualified solicitor in England and Wales. I will be assisting you with your query today. I may need to ask a few questions before I can address your query. Please bear in mind this is a chat service and there may be delays in responding due to assisting other customers.
As long as you can justify the costs incurred you can indeed claim them. However please note your costs need to be proportionate to the issue at hand. If costs are incurrent unreasonably, you will not be able to recover the same.
Customer: replied 2 months ago.
Well I feel everything I have had to do has been a very long winded way because if the insurance company had of dealt with it from the start I probably wouldn’t have had to have incurred the costs that I have. Everything I have done was about guaging the problem, the severity, the imminent dangers, how it would be resolved, the costs, looking at my sales contract and warranty, instructing experts for the opinions… I have told them all this and now their questioning the lot.It seems what the ombudsman says still isn’t good enoughHow or what do I say to proceed further
You should maintain your position and let the ombudsman decide the extent of your costs that are recoverable. The company would question your costs no matter what.
Customer: replied 2 months ago.
I have reverted back to the ombudsman as you said I think any costs they will try and rip apart. They have requested a revised decision - would the ombudsman do such a thing?
Usually a decision can be appealed within a time limit. But you would need to check the ombudsman powers in this regard.
Customer: replied 2 months ago.
Ok thank you
Customer: replied 2 months ago.
you think just stick to my position on what I want back
My pleasure
AKSimpleLaw and other Law Specialists are ready to help you