How long after an incident should a claim be made/applied for?

PhilE

So in general, how long can you apply for small claims after an incident has occurred? In summary, a tradesman didn't do the job I paid him to do and left my home unsafe for human habitation. Couldn't get in my house for a couple of weeks.

That was end of may, as per advice from citizens advice I have sent him 3 letters. The last one was mid july, as a last warning that I'd have no choice to take legal action should this not be resolved.

Spoke to citizens advice last week, they advised small claims. They obviously think that I am within the required time frame but I am wondering if its been left a bit late as we are now at the 3 month mark.

Any insight appreciated.

powerful_Rogue

PhilE wrote: »

So in general, how long can you apply for small claims after an incident has occurred? In summary, a tradesman didn't do the job I paid him to do and left my home unsafe for human habitation. Couldn't get in my house for a couple of weeks.

That was end of may, as per advice from citizens advice I have sent him 3 letters. The last one was mid july, as a last warning that I'd have no choice to take legal action should this not be resolved.

Spoke to citizens advice last week, they advised small claims. They obviously think that I am within the required time frame but I am wondering if its been left a bit late as we are now at the 3 month mark.

Any insight appreciated.

You have upto 6 years to make a claim.

Make sure you send a letter titled "Letter before Action" if you haven't already.

steampowered

3 months is perfectly fine. You have up to 6 years.

The main reason for getting on with it is for evidential reasons. It is more difficult to prove things that happened a long time ago.

If you do want to proceed, it would be a good idea to get your evidence together and get on with issuing a claim.

PhilE

Well, the company has since gone bankrupt. On top of that, the heating he installed doesn't actually heat my house.

The boiler company have verified this, but say its the installers responsibility to rectify the situation.

Any suggestions appreciated, thanks.

powerful_Rogue

PhilE wrote: »

Well, the company has since gone bankrupt. On top of that, the heating he installed doesn't actually heat my house.

The boiler company have verified this, but say its the installers responsibility to rectify the situation.

Any suggestions appreciated, thanks.

Was he registered as a business or sole trader?

How did you pay?

PhilE

He is/was registered as a business. Also as a gas safe engineer. I paid by visa debit, inclusive of VAT and received a receipt by post.

powerful_Rogue

PhilE wrote: »

He is/was registered as a business. Also as a gas safe engineer. I paid by visa debit, inclusive of VAT and received a receipt by post.

If the companies gone bankrupt then unfortunately you're stuffed there.

Could always try a chargeback with the bank, but then if it was paid into a business bank account then you won't have any joy there either.

steampowered

Unless you could prove that the individual behind the company used the company to commit fraud (e.g. the individual used a company with intent to defraud you), there's not going to be much you can do here.

bris

If he's bankrupt then all you can do is put a claim into his administrator. He now has bankruptcy protection so the reality is there is nothing you can do.

PhilE

So a company/individual can mess up someones home, not do what they were paid to do and then simply go into liquidation avoid legal and financial consequences?

ssparks2003

PhilE wrote: »

So a company/individual can mess up someones home, not do what they were paid to do and then simply go into liquidation avoid legal and financial consequences?

If a company has gone bankrupt where do you think the money will come from for these "financial consequences"?