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Damp and timber report missed damp

Hello im not sure if anyone can help me but I have recently purchased my first house (6 months ago)
When I was in the process of buying I instructed an independent specialist to carry out a damp and timber survey as I had noticed some black patches on the wall although I was not to worried at the time and then I had the report back and it was all ok..or so I thought.
I have just gone to decorate and have notices the skirting below the black patch was wet and soggy so I pulled it off and much to my shock. It was furry. Green and white with millipedes running around.
I hsve rang the company that done the report and apparently its not their problem.
Can anyone advise me on where to go from here ?
And surely if they say there is no damp and they gave an insurance backed guarantee then they must be liable...or so I think.
Any help would be great.
Thanks Jamie

Comments

  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Assuming

    a) it was a paid-for survey report (not a free 'inspection')
    b) it genuinely stated 'no damp'

    then you may well have a case against the firm in question.

    You will need another report though. A written survey that shows not just that there IS damp, but that it is long-standing, so must have been there 6 months ago at the timeof the original survey.

    You will also need written quotations for remedial work, as this is what you will be claiming for, and you need to quantify it.

    Once you have another report, AND (2 or 3?) quotations, send copies of them all to the firm, and request they respond with a cheque within (7?) working days.

    If/when they don't, you will haveto either

    * give the more time
    * negotiate on the amount or
    * go to court
  • teneighty
    teneighty Posts: 1,347 Forumite
    Is the "independent damp surveyor" a member of the Property Care Association as I understand they have a complaints procedure.

    Although I am confused how an independent report can have an insurance backed guarantee.
  • In regards to both comments left.
    It was not a free survey I paid for it and they checked for
    Rising and penetrating damp in all accessible ground floor walls and also roof and floor timbers for infestation by wood boring insects and attack by wood rotting fungi.
    They are members of the bwpda and pca.

    They refuse to come out and investigate my problem unless I pay them again for a survey and if they think its something that they missed they will refund the cost of the survey.
    I think this is stupid as I paid them to do it once and they missed it.
    I have got pictures that show the problem area at the time of the inspection.
    Do I need to give them time or can I get reports from other companies and start legal proceedings ?
    Thank you both for taking the time to write back to me.
  • cattie
    cattie Posts: 8,844 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I don't understand the part about the guarantee as usually you only generally get an insurance backed guarantee when a company has actually done damp proofing work for you, not when it's just been inspected for damp problems.

    Just move on & find another company to come out & inspect & carry out the work rather than get worked up about something that the company are not liable for. What's all this silly talk about sueing them about?

    I had 2 different damp companies give a house I once owned a clean bill of health, but a few months later when it came to redecorating, a damp wall with fungus was discovered. All I did was call one of the companies back to show them & agreed with them a price for the necessary work. I was then issued with an insurance backed guarantee against the damp returning.

    These companies, or the machines they use are not infallable when trying to identify damp issues & problems. There is always room for error, which applies to practically everything in life.
    The bigger the bargain, the better I feel.

    I should mention that there's only one of me, don't confuse me with others of the same name.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    You have 2 choices:

    1) negotiate andhope to reach an amicable solution
    To do this you may have to follow their procedure(ie pay them for a 2nd survey), though you can certainly continue to try & persuade them tocomeout without payment

    2) the legal route
    You will need to pay someone else for a survey. That survey will have to show
    a) that there is damp AND
    b) that it is long-lasting & must have been there at the time of the original survey

    You then use that survey to try and negotiate payment, and if unsuccessful, you sue.
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