Subsidence and the dead deal

bingibongi

In my experience claims detailed on Coal Searches are generally decorative in nature - simply painting and decorating jobs, not major subsidence work. The Coal Authority should be able to confirm this to you.

Assessors used to mass mailshot whole eststates and tell people they could get their homes redecorated for free by the Coal Board just becuase there had been previous mining activity in the area.

And if it was only decorative work it shouldn't be a problem for anyone - unless they want to make it one.

andthatmakesone

An update (of sorts)

I've downloaded the Coal Authority leaflet on subsidence claiming, which does state that they (or the mine owner) will have to accept liability if future subsidence is mining related. Could solve part of the problem - waiting on my solicitor to get back to me.

Also, having re-read the e-mail from my insurers stating their intention to cancel, I've noted that they are not concerned at all with the 2 claims that were agreed. They are kicking off about the 1 claim that was rejected.

I quote from the Coal Authority letter:

"A claim was made in October 1985 by .... , acting on behalf of .... , under the provisions of the Coal Mining Subsidence Act 1957. This claim was rejected on the grounds that the damage was considered to be due to causes other than mining subsidence"

Am I the only person who would read that and think that there is no evidence that there was subsidence of any description on 1985? How can this be used as a reason to cancel my insurance policy? Someone might have dropped their hoover down the stairs, it caused a crack in the plaster, and the owner at the time thought it was subsidence.

The real kick in the family jewels, however, is that my insurer originally only asked for confirmation that the Coal Authority would be liable for future subsidence. Had I just sent them the leaflet proving this, instead of the letter about the claims (I had already told them about the 3 claims, but didn't know at the time that 1 was rejected), it would probably have all been fine. Now that's a sickener if ever there was one.

andthatmakesone

Oh, it's a beauty. The insurers have only come back and said that if I get a structural report to them by 14/04/2010 at 12:00, they'll extend the cancellation notice by 7 days!!!

Steady on there tiger! I'm getting overwhelmed with the generosity on display! And all for the low low price of £300!

Another request from them that I now notice I forgot to mention earlier - I quote:

"Should you wish us to review our decision further and to issue a letter to you as requested (about continuation of insurance with the new owners), we would need further evidence of all claims made against your property, the amounts paid for each claim and the insurer who handled the claim"

And that's just to review the decision! Not to offer continued insurance!

My solicitor tells me he's going to have a brainstorming session with his colleagues and hopefully produce a response that my insurers will choke on.

jenny74

bingibongi wrote: »

In my experience claims detailed on Coal Searches are generally decorative in nature - simply painting and decorating jobs, not major subsidence work. The Coal Authority should be able to confirm this to you.

Assessors used to mass mailshot whole eststates and tell people they could get their homes redecorated for free by the Coal Board just becuase there had been previous mining activity in the area.

And if it was only decorative work it shouldn't be a problem for anyone - unless they want to make it one.

You are so right here! The house we bought in October had a claim against the coal board for minor decorative work, which we suspect was as a result of settlement - The property was about 2 years old when the claim was made. The claims was for approx £1200 and as a result of some plonker jumping on the band wagon, it proved a problem getting Insurance from anyone other than the mortgage co.

Oh well!

andthatmakesone

In what could be the greatest comeback since Lazaraus, the deal may not be dead and buried just yet (they're putting the last layer of soil on the grave as we speak though).

I've asked my insurer for an extra days grace to provide the report, at the request of my structural engineer (due Monday 12/04/2010). Given that they've been so reasonable so far (!) I'm sure they'll allow this.

In the meantime, my solicitor has sourced various other insurance providers, who all want to see this report as well before offering a policy with no conditions on the subsidence.

Assuming the survey comes back with a thumbs up (ha!), and if I get this extra 7 days from my current insurers, and if in those 7 days I agree one of the other policies with another insurer, then I'm going to tell my current insurers to stuff it before they stuff me. That's a lot of 'ifs' all falling into place, but it's all I've got left to cling on to.

Barratt's have been informed of all this and say that they are prepared to wait for the outcome.

Watch this space....

andthatmakesone

Well, as unbelievable as it sounds, all the 'if' arguments from my previous post have actually happened. I am now the proud holder of an insurance policy for my current house, and the provider is issuing a "Certificate of Acceptance" on the property which basically says what Barratt's are looking for (that they would consider future insurance on the property).

Once the policy documentation arrives, Barratt's have confirmed that they will be happy to proceed. After 6 months of hell, I'm a bit numb that this is all actually going to happen.

If anyone is having trouble with insuring their subsidence affected property, then I recommend a company called Towergate Underwriting. I've managed to obtain 12 months buildings and contents insurance for £440.00 - not overly cheap, but nowhere near the horror stories you expect from this scenario.

I now have an moving in date of 22 May 2010. Happy days indeed (assuming nothing else crops up of course...)