Compensation from trader

tillica

Hello all,

I would really appreciate advice/experiences to help me in this matter.

Almost three months ago I had some works carried out by a trader. These were carried out under an insurance policy.

On supposed completion of the works, we discovered that not everything had been done properly and more seriously, our belongings had been used/taken/destroyed. I contacted the trader about this. They eventually returned to 'put right' the works which hadn't been done properly in the first place. Some of these were not rectified. They refused to discuss the issue of our belongings before they had 'put right' the works.

We then opened compensation negotiations, to cover what still needs to be sorted as well as to cover our damaged/missing belongings. Some of these were large items which should have been covered/protected during the works, others were actually put away securely during the works, so damage to them means that the workers went through our wardrobes/cupboards. We vacated during the works.

We agreed a compensation amount three weeks ago, but they are refusing to pay this to me until I authorise the insurers to settle their invoice in full. As a compromise, I authorised a 50% payment, which should have arrived in their account at the end of last week. I have heard nothing from them since I authorised this payment and I haven't received the compensation.

My question is what do I do now? CAB has said that they can't advise whether what I have done would be considered reasonable and they can't advise on the best way forward as they have to remain impartial. They suggested I could perhaps issue a Letter Before Action, but said it is up to me whether I do this now or release the other 50% and then do it.

Clearly, if I authorise payment of all the money, they will have no incentive to pay me my compensation, but their last position stated that no matter what, they would not pay the compensation without receiving their money first.

I would be grateful for all advice, as I just don't know what to do next.

Thank you.

docmatt

You need to agree on the amount of compensation first eg, £328.50 and then get them to put it in writing that once they have been paid the other 50% from the insurance they agree to give you a cheque for £328.50

Shouldn't the insurance be handling everything though?

tillica

Thank you for your response. As I say, we have agreed the amount, but all they will say is that they will not pay anything until they have received 100%. Is this not an unreasonable demand? My compensation is less 0.7% of their invoice total. Also, is e-mail sufficient to cover "in writing"?

Unfortunately, the insurance won't get involved. They gave the go ahead for the works, but then I had to get quotes; they gave the go ahead for the cheapest and then I had to engage the contractor. Their policy is that the contract is between me and the trader. I say insurance, it is actually all going through a Loss Adjuster, who works for a different company.