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    • PhilE
    • By PhilE 1st Sep 17, 5:19 PM
    • 186Posts
    • 124Thanks
    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
    • 3,318 Posts
    • 4,829 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
    • 1,958 Posts
    • 1,829 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
    • 186 Posts
    • 124 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
    • 3,318 Posts
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    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
    • 186 Posts
    • 124 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
    • 3,318 Posts
    • 4,829 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
    • 1,958 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
    • 7,107 Posts
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    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
    • 186 Posts
    • 124 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; 17-10-2017 at 3:58 PM.
    • ssparks2003
    • By ssparks2003 17th Oct 17, 4:56 PM
    • 216 Posts
    • 285 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
    • 3,811 Posts
    • 4,844 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
    • 10,052 Posts
    • 8,122 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 1st Nov 17, 5:22 PM
    • 186 Posts
    • 124 Thanks
    PhilE
    Thats a serious loophole which a cowboy can exploit. Can't understand why this is allowed. Whats the point in having trading standards and payment protection?!
    • lincroft1710
    • By lincroft1710 1st Nov 17, 5:38 PM
    • 10,052 Posts
    • 8,122 Thanks
    lincroft1710
    Trading standards have no input into bankruptcy proceedings
    • PhilE
    • By PhilE 1st Nov 17, 5:55 PM
    • 186 Posts
    • 124 Thanks
    PhilE
    Yes I noticed.
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