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    • PhilE
    • By PhilE 1st Sep 17, 5:19 PM
    • 128Posts
    • 101Thanks
    PhilE
    How long after an incident should a claim be made/applied for?
    • #1
    • 1st Sep 17, 5:19 PM
    How long after an incident should a claim be made/applied for? 1st Sep 17 at 5:19 PM
    So in general, how long can you apply for small claims after an incident has occurred? In summary, a tradesman didn't do the job I paid him to do and left my home unsafe for human habitation. Couldn't get in my house for a couple of weeks.

    That was end of may, as per advice from citizens advice I have sent him 3 letters. The last one was mid july, as a last warning that I'd have no choice to take legal action should this not be resolved.

    Spoke to citizens advice last week, they advised small claims. They obviously think that I am within the required time frame but I am wondering if its been left a bit late as we are now at the 3 month mark.

    Any insight appreciated.
Page 1
    • powerful_Rogue
    • By powerful_Rogue 1st Sep 17, 5:21 PM
    • 3,239 Posts
    • 4,713 Thanks
    powerful_Rogue
    • #2
    • 1st Sep 17, 5:21 PM
    • #2
    • 1st Sep 17, 5:21 PM
    So in general, how long can you apply for small claims after an incident has occurred? In summary, a tradesman didn't do the job I paid him to do and left my home unsafe for human habitation. Couldn't get in my house for a couple of weeks.

    That was end of may, as per advice from citizens advice I have sent him 3 letters. The last one was mid july, as a last warning that I'd have no choice to take legal action should this not be resolved.

    Spoke to citizens advice last week, they advised small claims. They obviously think that I am within the required time frame but I am wondering if its been left a bit late as we are now at the 3 month mark.

    Any insight appreciated.
    Originally posted by PhilE
    You have upto 6 years to make a claim.

    Make sure you send a letter titled "Letter before Action" if you haven't already.
    • steampowered
    • By steampowered 1st Sep 17, 6:13 PM
    • 1,788 Posts
    • 1,693 Thanks
    steampowered
    • #3
    • 1st Sep 17, 6:13 PM
    • #3
    • 1st Sep 17, 6:13 PM
    3 months is perfectly fine. You have up to 6 years.

    The main reason for getting on with it is for evidential reasons. It is more difficult to prove things that happened a long time ago.

    If you do want to proceed, it would be a good idea to get your evidence together and get on with issuing a claim.
    • PhilE
    • By PhilE 6th Oct 17, 5:23 PM
    • 128 Posts
    • 101 Thanks
    PhilE
    • #4
    • 6th Oct 17, 5:23 PM
    • #4
    • 6th Oct 17, 5:23 PM
    Well, the company has since gone bankrupt. On top of that, the heating he installed doesn't actually heat my house.

    The boiler company have verified this, but say its the installers responsibility to rectify the situation.

    Any suggestions appreciated, thanks.
    • powerful_Rogue
    • By powerful_Rogue 6th Oct 17, 5:25 PM
    • 3,239 Posts
    • 4,713 Thanks
    powerful_Rogue
    • #5
    • 6th Oct 17, 5:25 PM
    • #5
    • 6th Oct 17, 5:25 PM
    Well, the company has since gone bankrupt. On top of that, the heating he installed doesn't actually heat my house.

    The boiler company have verified this, but say its the installers responsibility to rectify the situation.

    Any suggestions appreciated, thanks.
    Originally posted by PhilE
    Was he registered as a business or sole trader?

    How did you pay?
    • PhilE
    • By PhilE 6th Oct 17, 5:55 PM
    • 128 Posts
    • 101 Thanks
    PhilE
    • #6
    • 6th Oct 17, 5:55 PM
    • #6
    • 6th Oct 17, 5:55 PM
    He is/was registered as a business. Also as a gas safe engineer. I paid by visa debit, inclusive of VAT and received a receipt by post.
    Last edited by PhilE; 06-10-2017 at 5:57 PM.
    • powerful_Rogue
    • By powerful_Rogue 6th Oct 17, 6:00 PM
    • 3,239 Posts
    • 4,713 Thanks
    powerful_Rogue
    • #7
    • 6th Oct 17, 6:00 PM
    • #7
    • 6th Oct 17, 6:00 PM
    He is/was registered as a business. Also as a gas safe engineer. I paid by visa debit, inclusive of VAT and received a receipt by post.
    Originally posted by PhilE
    If the companies gone bankrupt then unfortunately you're stuffed there.

    Could always try a chargeback with the bank, but then if it was paid into a business bank account then you won't have any joy there either.
    • steampowered
    • By steampowered 6th Oct 17, 6:41 PM
    • 1,788 Posts
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    steampowered
    • #8
    • 6th Oct 17, 6:41 PM
    • #8
    • 6th Oct 17, 6:41 PM
    Unless you could prove that the individual behind the company used the company to commit fraud (e.g. the individual used a company with intent to defraud you), there's not going to be much you can do here.
    • bris
    • By bris 6th Oct 17, 7:58 PM
    • 6,925 Posts
    • 5,947 Thanks
    bris
    • #9
    • 6th Oct 17, 7:58 PM
    • #9
    • 6th Oct 17, 7:58 PM
    If he's bankrupt then all you can do is put a claim into his administrator. He now has bankruptcy protection so the reality is there is nothing you can do.
    • PhilE
    • By PhilE 17th Oct 17, 3:54 PM
    • 128 Posts
    • 101 Thanks
    PhilE
    So a company/individual can mess up someones home, not do what they were paid to do and then simply go into liquidation avoid legal and financial consequences?
    Last edited by PhilE; Today at 3:58 PM.
    • ssparks2003
    • By ssparks2003 17th Oct 17, 4:56 PM
    • 170 Posts
    • 235 Thanks
    ssparks2003
    So a company/individual can mess up someones home, not do what they were paid to do and then simply go into liquidation avoid legal and financial consequences?
    Originally posted by PhilE
    If a company has gone bankrupt where do you think the money will come from for these "financial consequences"?
    • ThumbRemote
    • By ThumbRemote 17th Oct 17, 5:09 PM
    • 3,793 Posts
    • 4,833 Thanks
    ThumbRemote
    So a company/individual can mess up someones home, not do what they were paid to do and then simply go into liquidation avoid legal and financial consequences?
    Originally posted by PhilE
    Basically, yes.
    • lincroft1710
    • By lincroft1710 17th Oct 17, 5:13 PM
    • 9,726 Posts
    • 7,754 Thanks
    lincroft1710
    So a company/individual can mess up someones home, not do what they were paid to do and then simply go into liquidation avoid legal and financial consequences?
    Originally posted by PhilE
    Yes. Sucks I know.
    • PhilE
    • By PhilE 17th Oct 17, 5:23 PM
    • 128 Posts
    • 101 Thanks
    PhilE
    If a company has gone bankrupt where do you think the money will come from for these "financial consequences"?
    Originally posted by ssparks2003
    If you haven't got anything empathetic to say, maybe you should shut up.
    • stuartJo1989
    • By stuartJo1989 17th Oct 17, 9:19 PM
    • 123 Posts
    • 102 Thanks
    stuartJo1989
    If you haven't got anything empathetic to say, maybe you should shut up.
    Originally posted by PhilE
    I thought that you made your post for answers in relation to your consumer rights, not for empathetic posts?

    I mean in fairness it is always nice if someone is ALSO empathetic when addressing the consumer rights, but it is not a requirement in making a good point.

    Do you care to answer the question as to who you believe will pay up if the company has gone bust? Or are you just lashing out at innocent people because you can't lash out at the real bad person in this case?
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