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dieselthebusdriver

Ok I will run through the situation as best I can...

My partner and I live on the top floor flat (rented) of a 2 story building. IE groundfloor, 1st floor, and then our floor. On the way to work my partner helped out the lady on the groundfloor because she had LOADS of water leaking into her front room from the flat above her (1st floor)...

That night we heard the plumbers clattering arround below us but then at about 10.30pm they storm into our flat, pull out our washing machine and say that it's actually OUR washing machine that's caused all the problems!!

Now the lady of the 1st floor wants US to pay her damages for the plumbers call out/repair charges, damages to her kitchen from "water damage" and the cost of re-doing her floor because the plumbers ripped it up in their initial speculation that it was her pipes.

Now call me sceptical, but I've seen the damage and there is ALOT of water damage. If it were our washing machine, surely there would be alot of evidence of water damage surrounding ou washing machine? Yet, there is not. The area is absolutely dry as a bone. And believe me we have throroughly checked!!

The following are things that don't add up about this:

• If it was our washing machine, where is the water damage arround our washing machine?
• If the water came from above, why doesn't the damage on her kitchen wall start from the ceiling? My partner has seen it and the water damage is nowhere near the ceiling...
• Our washing machine is not even situated above her kitchen. Infact, our entire kitchen is not above any part of her kitchen....

We have replied to her with a letter stating that at present we accept no liability and that we are going to call in our own plumber for a second opinion and hope she will co-operate in letting them view her property too. It would seem to me that the plumber has fobbed her off with this fable that it's our fault and she's fallen for it hook line and sinker. It's that or she's been found liable for the damage to the ground floor flat, and wishes to re-coup it by accusing us of being liable for hers...

Help please! It's all I can do to stop myself from tearing my hair out right now!!

Mimi_Arc_en_ciel

get a second opinion and then if she has been fobbed off tell her to shove it lol

maninthestreet

I How did the plumber manage to storm into your flat - surely you must have let him in?

You've done the right thing denying liability - it's up to the other person to prove their case.

dieselthebusdriver

Ok stormed in was a little harsh. When I heard knocking we both assumed it was the plumbers so I went to answer.. Thought they might just be telling us not to use any water for a bit... But they just sorta strolled on in and I didn't know what was going on so didn't argue. They'd already pulled out the washing machine when my partner made his way to us. (And they were ALOT bigger than me!!!) lol

dieselthebusdriver

Ok her plumber has signed her receipt for costs stating that the damage has been caused by our washing machine how do we go about telling her it's up to her to prove it when one plumber has already said it's our fault?

Mimi_Arc_en_ciel

dieselthebusdriver wrote: »

Ok her plumber has signed her receipt for costs stating that the damage has been caused by our washing machine how do we go about telling her it's up to her to prove it when one plumber has already said it's our fault?

get another plumber out for a second opnion and tell her that if the problem isnt from your washing machine then she can pay for the 2nd opnion!

dieselthebusdriver

I think for the sake of being amicable (as so far all discussions have been reasonably amicable) we may just meet the cost of the second opinion. I can understand from her point of view that all the damage to her property is a real bummer. I'd be peed off if it was me! But my partner did meet with her and explain our position that we thought the plumber who came round was an absolute cowboy and can find no evidence to support his findings but she kept saying "Oh well he sounded like he knew what he was on about" and "he was really nice to me".... Either she's being totally incompitant and has let herself get baffled by Plumbing jargon or something more suspicious is in the air! It certainly does't make sense from where I'm sitting!

Mimi_Arc_en_ciel

try for the 2nd opnion and go from there - if indeed it is your washer that has caused the damage then im afraid she might be able to make you part with some £££

Crabman

Hi diesel - I've moved this to the 'In My Home (includes DIY)' Board

Hi, Martin’s asked me to post this in these circumstances: I’ve asked Board Guides to move threads if they’ll receive a better response elsewhere(please see this rule) so this post/thread has been moved to another board, where it should get more replies. If you have any questions about this policy please email [EMAIL="abuse@moneysavingexpert.com"]!!!!!![/EMAIL].

dieselthebusdriver

mommyme wrote: »

try for the 2nd opnion and go from there - if indeed it is your washer that has caused the damage then im afraid she might be able to make you part with some £££

Then fair enough we will have to accept liability. But I doubt it because there is just NO water in our house at all. Not from any pipes or anything. Well, nothing on the surface anyway! And certainly nothing to suggest it's our washer. If our under-floor pipes caused the damage then it's our landlord who's liable and not us and we shall send her in his direction!

squoog

If I'm right, you are renting, so this is an issue for the landlord, not you. The damage to the flats below should be covered by the building insurance. The flat owners will need to make the claim.
I recently dealt with the same problem, water leaking into the flat below mine. There was no evidence of a leak in my flat, but on further investigation it was a pin hole leak in a copper pipe under the floorboards. (Just happened to run near our washing machine). I paid for the plumber to fix the leak(I am the top flat owner), but the woman below claimed on our building insurance for the damage to her flat. I'm afraid leaks are a hazard of living in flats.
Call your landlord, I don't think you should be paying for a plumber to come out.