Damp/dry rot problem/insurance - help!

Bojangles_3

31/5/07

Ref: X

Thank you for your email dated 29/5/07. It is nearly two months since we first reported our recurring damp problem to you in our letter of 4/4/07.

Whilst we appreciate that damp may not be covered under our policy and that you have gone to some lengths to help us ‘trace and access’ and have agreed to restore the property after treatment, we are still not satisfied.

I understand this complaint may escalate, in which case can you pass this on as soon as possible, please?

The trouble we have is that this could have been sorted in September 2006 – our original claim to LV. This would have caused one upset to our lives. LV and your appointees did not deal with the claim thoroughly and diligently enough at the time. We even expressed our doubts to the company that actually carried out the work whilst they were here as to guarantee that the problem was being dealt with comprehensively. They gave us their assurance and we took this in good faith – after all, they were appointed by our large insurance company. Naively, we thought they must be right.

Having sought the advice of experts online through a consumer pressure group and sent them photographic evidence, it is clear that very basic mistakes were made by your appointed firm.

We understand you no longer use the company you appointed then. Can you tell me whether or not they ever presented you with the information I requested?

Many questions remain. Why did LV not appoint a specialist company in the first place? If the problem was damp, you should have known what you were dealing with could not be assiduously dealt with by a maintenance company. They wanted your business! We may have been in the dark then, but we are not now.

What is incredulous and unforgivable to us, is that a company of your size and standing allowed this to happen.

We ask that you merely do the right thing and do it quickly. Two months is a long time when you cannot utilize a room in your house, when what was in that room clutters up the rest of your home. Most worrying of all, is that we all have chesty coughs that have lingered around for the past few weeks – ever since we had that sunny spell and the room began to stink. I noticed Mr Hind on his visit here the other day was also coughing in the room.

We have Abbey wood care, as appointed by Charterhouse construction coming tomorrow. We will obtain permission from our neighbour for them to look at their property too. We sincerely hope that this problem has not spread, that Abbey are able to conduct an independent and thorough examination of this entire problem and that finally we can do now what should have been done a year ago.

This whole situation has obviously left us feeling let down by your organization. Please take further ownership and help us finally resolve this issue – even if it means recovering damages from third parties later.

Our intention is to wait on your reply and hope it is sufficient and quick.

Bojangles_3

Mike Rogers


We look forward to Mrs Gray/yourself contacting us shortly as promised. You may be aware we have already received a final response from X (customer complaints) by email on the 22/6/07. We wanted to know if this is also a final response from LV’s group chief executive.

It may come as no surprise to you that we have many issues regarding X’s final email and we wish to hear nothing further from her. She says that she was unavailable to deal with the calls and emails received on the 11/06, 12/06, 13/06 and 15/06. We asked for the department to deal with the issues, not necessarily X, and no-one informed us that she was on annual leave. In a telephone conversation between X and I on the 25/4/07 (when she was appointed to our case) she confirmed she would be our point of contact, she gave us her direct email and promised to keep us informed at all stages. She also said that if she was unavailable, she would get one of her colleagues to assist. Due to the nature of our claim, we felt assured at the time that an effective troubleshooter had been appointed to us. Why did someone not tell us we had been allocated someone else? Why did that person not contact us?

We thank X for attaching in her email the Abbey Woodcare report but may we also see a copy of the report/s carried out by Charterhouse?

With reference to the point raised in her email of the 29/5/07, regarding LV assisting in a ‘final conclusion’ to the investigations, we have a few issues to mention here. Other than the diagnosis of dry rot, there is no identification of the source of this, nor the extent to which it exists. The Abbey Woodcare report to Charterhouse of 1/6/07 says: ‘the extent and source of the outbreak could not be determined at the time of our visit and further exposure works will be required, which will involve removing plaster and cutting back timbers to at least one metre past the last visible signs of fungal strands or decay. We understand that you will be carrying out these exposure works, following which we will be happy to re-attend the property, without further charge, to provide a full inspection and quotation for the eradication of the outbreak.’

Like Abbey Woodcare, we too were lead to believe further identification would take place with full exposure work. How else would we know that Charterhouse wished to investigate the drain as a potential source given they were unsure of the CCTV report I had done? I ask again for a clear answer: are you now reneging on these pledges? It is now over 25 days since the report, and we have heard nothing positive about carrying out this ‘full inspection’.

As to X’s point about ‘the mis-diagnosis of the problem in the initial stages has now been redressed’, we apologise for the strength of language but we really do find this offensive. She is of course referring to the initial visit from one of LV’s supposed ‘experts’ to deal with this issue when first raised in March 2006. In order to avoid repeating ourselves may we refer you once more to our letter dated 31/5/07? (NB There is an error in this letter. Our original claim was in March 2006, not September.) We await a full and proper response to this letter and the one dated 5/6/07. It may have been wet rot back then, but it is undisputedly dry rot now. We understand wet rot may turn to dry rot, in which case it could be argued that it is failure to diagnose and deal with this issue over a year ago that is entirely responsible for our current situation and we will pursue a negligence claim against you forthwith.

It seems clear that X fails to understand the points we made in our letter of 18/6/07, page 2, 3rd paragraph. We were lead to believe by X that not only were full trace and access costs to be met but that once the problem had been dealt with full restoration costs would also be met. Is this pledge being reneged upon or denied?

The CCTV survey report from Freeflow Drains is enclosed for your information. The invoice for £94 is also enclosed. Mark Reynolds in your customer service unit, assured us this cost would be met by LV, when we spoke to him on the 12/4/07. We look forward to receiving the reimbursement.

We hope to hear from you as soon as possible.

marz

HI all, just thought I would update you. Our dry rot is a lot more prolific than previously priced for. We are in process of having some of the work done, and they will price separately for the rest of it as it is too much work for the next 3 days we are booked in for. HAve spoken to my solicitor, who said we could possibly prove the previous people knew, but then we might have to spend thousands and then have to chase them to pay etc etc....is it worth it?
Insurance will not cover it, despite it not being our fault.....and definitely down to previous owner.
So, we are left, very low, very scared about price and extent of works...with 2 young children, to have to live in it, pay up and put up. I cannot beleive that there is no system in place to protect against people being able to sell houses life this with no recourse.
They (even surveyor agrees) have just done just a cover up job....now...completely obvious of course, but surveyor said that unless you were specifiallu looking for dry rot there is no reason to suspect.....
Feel like we will sell when we get all the work done. I cannot live here happily anymore. We shall see if I have the guts to consider buying another....!
Thanks for your advice ...on this thread....

Bojangles_3

We too have young children - who keep wanting to go into the infested room. Why don't you do what we've done? - Get them all in a room together and see if they'll help out.

Have you got legal expenses cover under any of your insurances?

Where are you based? We're in South London - Streatham.

I will be writing to the housing minister about all this soon. It would be useful to use your example too and any others.

You're right, this practice does have to be outlawed - maybe some system whereby if a significant problem is covered up - say up to 2 years after purchase - there will be some come back on the seller...

Try not to give up and give in just yet. It's hell I know, but I'm here if you need help...

Bo

marz

Bo,
Our update today....a very nice guy from the company came around today with the final prices for works to hall and stairs. Alotgether, including work already done, it totals about £5,500. This does not include any decorating and the fact that walls would need to be reskimmed as only the bottom half is priced for. Then there is the new flooring too. All walls are currently wallpapered so everything would have to be stripped and the plaster will come off with it.,...etc etc. Oh...and turns out we have some wet rot too....just to add to the fungal party. The good news is that it is dry, ie he thinks that the source of moisture in the hall was from a previous leak or flood from downstairs wet room/toilet.
HOWEVER, he was really nice and talked me through what we could do ourselves to reduce the cost overall. We at the moment have no living room and the floor is not done and plastering was finished yesterday, but we still have one wall to be treated.
WE have no legal expenses cover, and have decided that knowing that our vendors were dodgy people (I am so so polite!!) we are not going to chase it. I could not take the stress. It is bad enough living with dealing with the building work and financial stress. I cannot commit to 2-3 yrs + of trying to get money that we might not get and we just do not have the money to go after them now.

BUT, I will be happy to include our support if you write to the housing minister and will write too if you like.
We are in North London, end of Picadilly line.
As for your support, thanks Bo, and likewise....I am here if there is anything I can do....(if you need another opinion...I have an excellent, highly recommendable damp/timber treatment company to recommend!!!!

Bojangles_3

We're still waiting to hear been offered £2000 from Insurance company to settle but we're not happy.

Going to request eveyone attends a meeting here asap. (It's dragging on too long!)

Hope all's well with you Marz

somefriendlyuk

hi bo and marz -just checking in on your thread as i have been run of my feet lately -Bo i just can't believe how long this has been going on -its an absolute disgrace. What do we pay our insurance for i wonder!

Marz -sorry you have had to pay out so much-i don't have to tell you this but make sure you keep your full report, guarantee and proof of payment. You will need this when you move on.

If i can be of any further help let me know.

Some

Bojangles_3

I couldn't sleep last night for worrying about that front room. Who can either of you recommend? Don't know whether to call Strand up and let them come back or avoid them altogether - given I am pursuing a negligence claim against them.

One things for sure, I need to get it sorted PRONTO!

I am livid with my insurers and will continue my fight against them escalating it to the Financial Ombudsman.

Please get back to me asap.

Thanks for your help & support

Bo

somefriendlyuk

hi bo -i'm a bit far away to be of any help recommending anyone. However i can help on price guide. An average 1930's front living room with bay window should cost no more than £3k for complete removal of all joists and replacement redwood flooring (superior pine).Less if wayroc sheets are used or less costly pine. Obviously this will be a lot less if there is less to take out This price includes treatment of the timbers. Treatment of the walls must take place also 1 metre past the last signs of out break so it hard to say how much this will be. Not sure about the channel through the concrete to provide a vent pipe as i would have to see it.

With luck you never know -the 2k may do it.

Hope this helps a bit.

Bojangles_3

Really fraught & busy day today:

1 Have reported insurance company to Financial Ombudsman.
2 Have heard from my legal expenses cover that I CAN pursue contract dispute against builder & insurer. (I was not covered for legal expenses when I entered into contracts with surveyor & conveyancer).
The council I am pursuing through the local government ombudsman.
3 I've been told I have a strong case in both claims from a leading expert in the field of rot. Afterall, we've done nothing to cause this rot and photos of the first insurance job have been confirmed as dry rot - so, insurers were wrong not to appoint a qualified person.
4 The developer & their damp company have agreed to attend a meeting this Thursday to start the exposure works.

Main goal is to get it ripped out, identify the source of moisture and get it rectified asap then reclaim from parties. (I've been too patient and led astray by my insurers). No more delays!

Will keep you informed...