Do I have a Claim for Compensation

magicmaria

Hi

Not sure if I have posted this in the right place

Last year the Council did some repair work to my roof (leasehold ex council) but when they did it they shut off the vent from the heating system - so cut a lons story short when I had my annual gas check a couple of months ago I was informed that I had been leaving with Carbon Monoxide Fumes in the property for the past 12 months - I informed the Council straight away and every man and his dog turned up heath & safety officals, British Gas officals etc.,,,,, had to have 2 days off work whilst it was sorted... I worte to the council requesting to be re-inbursed for the days off work - which I will give them credit for they reinbursed me within a week.... after a while though I felt that I should be entitled to some sort of compensation as they put my life and my sons life in Danger so I sent the following letter to them..... I havent had a reply in over 2 months but I phoned last week and was told it was being looked into... how long should I give them.... do i have a claim or should I go to see a solicitior any help or advice greatly appreciated.

Copy of letter I sent..............

Ref: Repairs to Warm Air Heating (Flue in Loft) – Without Prejudice

Dear Mr Stansfield

Thank you for your letter dated 5th May 2006. Firstly my claim for loss of earnings does in no way constitute a claim for compensation for the fault arising due to the neglect of the council.

After seeking both legal & medical advice I have been informed I have 3 years in which to bring a claim against First Choice Homes. This would be for the potential life threatening way in which my property was left after the works carried out by First Choice Homes.

As you aware Carbon Monoxide poisoning is life threatening with approximately 300 people a year dying from it, I think First Choice Homes are extremely lucky that this was not added to by an additional 2 deaths.

I quote from a First Choice Homes advert on Gas Safety

“ Carbon Monoxide kills, You can’t see it, taste it, or smell it. Carbon monoxide is a poisonous gas. It can be given off by appliance which burn gas, oil coal or wood if they’re not working properly. The deadly gas can be produced if your appliance is faulty, the room is not properly ventilated or the chimney/flue is blocked.”

If I had not had a yearly service done then this problem may not have been brought to my attention and the consequences of that do not bear thinking about, First Choice Homes put both my life and the life of my son in danger.

I trust when you talk about “ full compensation for time lost/inconvenience” you appreciate that £161.52 is an insult. This request was solely for earnings lost.

If First Choice Homes wish to avoid further publicity and legal action then I would consider any respectable offer made by First Choice Homes as a full and final settlement.

I look forward to hearing your response.

CIS

To claim compensation I thought that you needed to actually prove a loss or injury occurred. not just the threat or potential of it ?

Try checking with a solicitors free appointment or if you have insurance with legal cover , try ringing them.

chika

Did the council do the work on your home for free?

At the end of the day even though the gas was leaking it didn't harm you or your family. As CIS said I don't think compensation can be claimed for something that could have happened.

Astaroth

You can only claim for damages caused not the potential damage it could have caused. Therefore you can only claim for injuries (physical or psychological) that were sustained. If you could claim for the "potential" damages then this would effectively be punative damages which are not allowed under English (or Scotts) Law.

Only the likes of Trading Standards and other governmental bodies have the ability to fine an organisation for the unnecessary risks that they have exposed the public to and then this money is kept by the fining body and not given to the potential victims.

Certainly seek professional advice but sorry, unless you have true psychological damage then you aint got a claim.

magicmaria

Yes the council did the work for free - its under the terms of my lease. The psychological damage will remain with me forever more If i hadn't had annual gas servicing then this would have remained unknown and the consequences could have been death. Surely thats worth something

inmypocketnottheirs

magicmaria wrote:

Yes the council did the work for free - its under the terms of my lease. The psychological damage will remain with me forever more If i hadn't had annual gas servicing then this would have remained unknown and the consequences could have been death. Surely thats worth something

I am afraid not. You can only sue for actual losses, not for something that might have happened. It seems to me that the work has been put right, and it seems that you have been reimbursed for your actual losses.

bonnie_2

you can buy carbon monoxide tester quite cheaply, to put your mind at rest in future.

Astaroth

magicmaria wrote:

Surely thats worth something

If you are now on antidepresents or have to take medication for anxiety when ever you are in abuilding with central heating then yes it is worth something. If you are simply a little shaken up by it then no, not worth a penny (well may be worth a penny but then you have to pay your own solicitors and doctors fees for claims under £1000)