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Suing a water company
toxteth
Posts: 9 Forumite
Firstly I wasn't sure of the best place to post this, so I have also put it in the Water forum.
Help!!! I'm not sure what to do.
I have had a problem with rats gaining entry into our house and very bad smells since January. Initially I contacted our insurers as we suspected that there may be a problem with our sewer pipe. They sent out an independent company who confirmed that there were holes in the pipe, but the pipe was the responsibility of our water company.
I'll condense this down but initially that water co. told us that they had inspected the pipe and it was ok. This was clearly untrue as they had to gain entry through our house and had no access. They then arranged for the sub contractor to come out with CCTV, after failing to turn up several times they eventually did come and found "no significant problems". I then had a process of insisting that there were problem as the independent co. had a DVD which showed holes in the pipe. They refused to view this as they had done their own DVD.
We had 3/4 additional visits with from the sub-contractors on our insistance, each time they stated that "there were no significant problems". Eventually we spoke to the Consumer Council for Water who contacted the water co. directly and miraculously they then found "something that needed to be investigated".
They dug the paving up in our garden and found 2 holes the size of cricket balls, and then a further 2 sections each a foot long where the pipe was missing. They have now repaired it.
During this period rats have borrowed into the house (it is timber framed), urinated and deficated on the insulation throughout the bathroom causing a stench whenever the heating is on. Eaten through plasterboard, and causing further damage throughout the house We have caught somewhere between 40-50 rats, some as big as 12 inches.
During this period my wife was heavily pregnant and we now have a small child. She had pneumonia during the pregnancy and I suffered with athsma, both of which we believe was caused by the rat infestation. We have considered trying to sell the house but cannot afford to at this time.
The water co. will only offer to compensate us on a like for like basis on any damage i.e a depreciated value. They will also not offer any compensation for our problems. We have a very limited income and are not sure where to turn.
If you have read this then thanks for taking the time, even better if you have any suggestions. We are considering a "no win no fee' legal case, but are not sure if this is the best route
Help!!! I'm not sure what to do.
I have had a problem with rats gaining entry into our house and very bad smells since January. Initially I contacted our insurers as we suspected that there may be a problem with our sewer pipe. They sent out an independent company who confirmed that there were holes in the pipe, but the pipe was the responsibility of our water company.
I'll condense this down but initially that water co. told us that they had inspected the pipe and it was ok. This was clearly untrue as they had to gain entry through our house and had no access. They then arranged for the sub contractor to come out with CCTV, after failing to turn up several times they eventually did come and found "no significant problems". I then had a process of insisting that there were problem as the independent co. had a DVD which showed holes in the pipe. They refused to view this as they had done their own DVD.
We had 3/4 additional visits with from the sub-contractors on our insistance, each time they stated that "there were no significant problems". Eventually we spoke to the Consumer Council for Water who contacted the water co. directly and miraculously they then found "something that needed to be investigated".
They dug the paving up in our garden and found 2 holes the size of cricket balls, and then a further 2 sections each a foot long where the pipe was missing. They have now repaired it.
During this period rats have borrowed into the house (it is timber framed), urinated and deficated on the insulation throughout the bathroom causing a stench whenever the heating is on. Eaten through plasterboard, and causing further damage throughout the house We have caught somewhere between 40-50 rats, some as big as 12 inches.
During this period my wife was heavily pregnant and we now have a small child. She had pneumonia during the pregnancy and I suffered with athsma, both of which we believe was caused by the rat infestation. We have considered trying to sell the house but cannot afford to at this time.
The water co. will only offer to compensate us on a like for like basis on any damage i.e a depreciated value. They will also not offer any compensation for our problems. We have a very limited income and are not sure where to turn.
If you have read this then thanks for taking the time, even better if you have any suggestions. We are considering a "no win no fee' legal case, but are not sure if this is the best route
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Comments
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I can't offer any specific advice other than to ask - do you have everything documented? Every request for investigation? Every communication with the water co. etc.? The more documented evidence you have then the stronger will be any case you pursue.0
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Thanks for the reply, we do have much of the situation documented.0
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You are entitled to any actual losses so the value of the things lost not on a new for old basis.
Have you got anything medical that links your conditions to the rats aside from your personal thoughts?
Not sure what else you expect... your low income has nothing to do with whether you can get money out of the water company.
Good luck!Thinking critically since 1996....0 -
During this period my wife was heavily pregnant and we now have a small child. She had pneumonia during the pregnancy and I suffered with athsma, both of which we believe was caused by the rat infestation.
I would suspect in order to make a successful claim - you would need medical evidence showing the link - not just "we believe".The water co. will only offer to compensate us on a like for like basis on any damage i.e a depreciated value. They will also not offer any compensation for our problems.
And what compensation do you actually want ? They are offering actual financial losses and not "what you believe" you are entitled to.We have a very limited income and are not sure where to turn.
Whilst I hate them with a passion - your best bet may well be a "No win - No fee" company. They will review your claims and your evidence and will only take on the case if they think you have a very reasonable chance of winning. Although they may not tell you what you want to hear, they should give you a straight answer - yes or no.Thanks for the reply, we do have much of the situation documented.
Any claim you make would have to be backed up with evidence. Maybe this is why the Water Co. haven't offered as much as you were hoping for ?“That old law about 'an eye for an eye' leaves everybody blind. The time is always right to do the right thing.”0 -
Thanks for your replies. We have already spoken to a solicitor who believes we have a very strong case.
I thought it would be interesting to get a broader view before we pursue litigation.0 -
Thanks for your replies. We have already spoken to a solicitor who believes we have a very strong case.
Assuming it is a "no win / no fee" then that does sound promising. Although you will get a firmer answer when they see all your paperwork and see you in person to get in depth details.I thought it would be interesting to get a broader view before we pursue litigation.
Always a wise option.
Hope it goes ok and it turns ok for you.“That old law about 'an eye for an eye' leaves everybody blind. The time is always right to do the right thing.”0 -
Which part of the sewer are the holes in?
I always thought that the pipes from the main sewer to the house were the responsibility of the property owner,2014 Target;
To overpay CC by £1,000.
Overpayment to date : £310
2nd Purse Challenge:
£15.88 saved to date0 -
mountainofdebt wrote: »Which part of the sewer are the holes in?
I always thought that the pipes from the main sewer to the house were the responsibility of the property owner,
It has changed recently, Water companies have now adopted all sewers up to building entry point, even those that go under a property to elsewhere.0 -
It has changed recently, Water companies have now adopted all sewers up to building entry point, even those that go under a property to elsewhere.
That doesnt take effect until the 1st of October"The whole problem with the world is that fools and fanatics are always so certain of themselves, but wiser people so full of doubts."
Bertrand Russell. British author, mathematician, & philosopher (1872 - 1970)0 -
Where does that apply? UK-wide? Or does it only apply to England? England & Wales?
Basically - I live in Scotland; will this change apply here too?
Sorry to take this OT from the OP's question.0
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