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Legal Advice for Statutory Claim.
Bojangles_3
Posts: 118 Forumite
My Legal Expenses Insurance does not cover me for Statutory Claims. The solicitors they appointed said we must pursue a claim under the Defective Premises Act. We are within the 6 year window that a claim under this act can be made.
Basically, we bought a house in December 2004 from a developer who had split one big house and made two. He didn’t make a great job of it we have come to realise – the soundproofing between the two houses is wholly inadequate and there is no soundproofing in the loft conversion – our kids wake up above our heads – we’re awake! Also, cracks started appearing between our property and the one he completed later than ours next door. The cracks are not too deep, but deep enough!
Even more significant though is the fact that the developer knew there was a damp/rot issue in 2004, as he asked a damp/timber specialist to look at it and do a report. However, he ignored the reports recommendations and must have persuaded the damp company to just ‘spray for woodworm’ (there was none!) so he could get a guarantee.
We tried to hold the developer and the damp company jointly and severally responsible, but the solicitors said we had no contract with the damp company.
The only recourse is to the county court against the developer. It looks like the cheapest way of doing this, given we aim to reclaim an unspecified amount likely to be well over £10000 (we would need to get full quotes for all the rectification work) is through Moneyclaim Online.
We have been told by arguably one of the country’s leading experts in the field of rot issues, that we have done nothing to cause this rot. He has said he would compile a report, for an hourly rate, based on looking at the damp company’s report and comparing it with what work was actually carried out.
I am not sure if I actually need the help of a solicitor – we can’t afford it anyway. But, given it is a Fastrack claim with CC, it may be wise..? I know some firms do a ‘free 1st interview’, so I may try this.
If we do go ahead ourselves, is it better to get everything together first as a neat little package for the judge – ie comprehensive quotes for the rectification work, so we can get a final figure we’d wish to recover? Or, can we just get the claim in and we can add further information if it was deemed necessary by the judge?
Please help if you can.
Thank you
Bo
Basically, we bought a house in December 2004 from a developer who had split one big house and made two. He didn’t make a great job of it we have come to realise – the soundproofing between the two houses is wholly inadequate and there is no soundproofing in the loft conversion – our kids wake up above our heads – we’re awake! Also, cracks started appearing between our property and the one he completed later than ours next door. The cracks are not too deep, but deep enough!
Even more significant though is the fact that the developer knew there was a damp/rot issue in 2004, as he asked a damp/timber specialist to look at it and do a report. However, he ignored the reports recommendations and must have persuaded the damp company to just ‘spray for woodworm’ (there was none!) so he could get a guarantee.
We tried to hold the developer and the damp company jointly and severally responsible, but the solicitors said we had no contract with the damp company.
The only recourse is to the county court against the developer. It looks like the cheapest way of doing this, given we aim to reclaim an unspecified amount likely to be well over £10000 (we would need to get full quotes for all the rectification work) is through Moneyclaim Online.
We have been told by arguably one of the country’s leading experts in the field of rot issues, that we have done nothing to cause this rot. He has said he would compile a report, for an hourly rate, based on looking at the damp company’s report and comparing it with what work was actually carried out.
I am not sure if I actually need the help of a solicitor – we can’t afford it anyway. But, given it is a Fastrack claim with CC, it may be wise..? I know some firms do a ‘free 1st interview’, so I may try this.
If we do go ahead ourselves, is it better to get everything together first as a neat little package for the judge – ie comprehensive quotes for the rectification work, so we can get a final figure we’d wish to recover? Or, can we just get the claim in and we can add further information if it was deemed necessary by the judge?
Please help if you can.
Thank you
Bo
0
Comments
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is the developer a limited company or a sole trader ?0
-
a sole trader. there is nothing on his letterhead to suggest otherwise.
does this make a difference?
Bo0 -
it may mean he couldn't afford to pay you if you won anyway0
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