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Taking a Council to Small Claims Court
shuko
Posts: 13 Forumite
Hello folks.. need a little advice please.
Short version.. council did some major works on my block which involved wrapping the entire block in a plastic blue mesh around the entire scaffolding reducing the light into our flats by at least 40%. This work we were promised would take a year and a half. But due to huge mess ups involving their contactors and very badly done work this 1.5 years went on for a whopping 4 years! The work started and stopped numerous times. But, for that entire 4 years that light blocking blue mesh was left up the whole time leaving all our homes in a gloomy darkness.. resulting in he death of multiple tenants huge plant collections.. one of which was mine. Over 70 plants many of which were Bosnia trees that I started from seed at 15 years of age with my mother (now deceased) .. and cultivated and maintained for 38 years, these plants to me were the only living memory I had of my mother... all dead due to all the light being killed for 4 years.
All of my plants were started from seed.. some seeds took 3 years alone just to germinate.
To simply buy my (similar) plants back would cost me £2,000.. the price of wiping 38 years my time care memories in cultivating them does not bare thinking about. I am now 55.. I can never do this again.
The councils direct action destroyed my entire life's collection.
We organised and had a public tenants meeting with managers from the council and contactors present.. they were embarrassed apologised publicly for this huge mess and assured us that we would be compensated for inconvenience of the building works, dirt, dust, constant noise and sheer stress going 2.5 years over schedule. I even received emails from the councils Customer Service Manager apologising for the loss of my plants and told to make a claim..
One woman was even hospitalised due to a near death asthma attack brought on by being enveloped 4 years of dust and dirt..
We were told to request claim forms for damage to personal property like our plants etc.
30% of tenants that requested forms were denied them or simply ignored.
I managed to get mine completed it and sent it back. My claim was simply ignored and passed on to their insurers.
Their insurers have simply ignored all the proofs and documented evidence of almost 100 tenants who lived through chaos and simply replied by letter stating unbelievably that: "The Council is not Liable.." and just closed the entire case!
This utterly cold and cynical attitude and behaviour of the council has left the tenants of 54 flats in this block utterly dismayed, hurt and very angry. They have reneged on all their word and promises to us all.
Incidently the other 3 blocks nearby who were subjected to the same building works but only went 6 months overdue and experienced no property damage or loss were all compensated various amounts. Our block where the real disaster took place with 2.4 years overdue and the claims are more serious and substantial have been completely ignored and given zero compensation.
Sorry to go on for so long but I feel the background is relevant.
So.. I feel personally my and our last and only course of action is to take the council to small claims court. Can anyone advise how to do this please?
Thank you..
Short version.. council did some major works on my block which involved wrapping the entire block in a plastic blue mesh around the entire scaffolding reducing the light into our flats by at least 40%. This work we were promised would take a year and a half. But due to huge mess ups involving their contactors and very badly done work this 1.5 years went on for a whopping 4 years! The work started and stopped numerous times. But, for that entire 4 years that light blocking blue mesh was left up the whole time leaving all our homes in a gloomy darkness.. resulting in he death of multiple tenants huge plant collections.. one of which was mine. Over 70 plants many of which were Bosnia trees that I started from seed at 15 years of age with my mother (now deceased) .. and cultivated and maintained for 38 years, these plants to me were the only living memory I had of my mother... all dead due to all the light being killed for 4 years.
All of my plants were started from seed.. some seeds took 3 years alone just to germinate.
To simply buy my (similar) plants back would cost me £2,000.. the price of wiping 38 years my time care memories in cultivating them does not bare thinking about. I am now 55.. I can never do this again.
The councils direct action destroyed my entire life's collection.
We organised and had a public tenants meeting with managers from the council and contactors present.. they were embarrassed apologised publicly for this huge mess and assured us that we would be compensated for inconvenience of the building works, dirt, dust, constant noise and sheer stress going 2.5 years over schedule. I even received emails from the councils Customer Service Manager apologising for the loss of my plants and told to make a claim..
One woman was even hospitalised due to a near death asthma attack brought on by being enveloped 4 years of dust and dirt..
We were told to request claim forms for damage to personal property like our plants etc.
30% of tenants that requested forms were denied them or simply ignored.
I managed to get mine completed it and sent it back. My claim was simply ignored and passed on to their insurers.
Their insurers have simply ignored all the proofs and documented evidence of almost 100 tenants who lived through chaos and simply replied by letter stating unbelievably that: "The Council is not Liable.." and just closed the entire case!
This utterly cold and cynical attitude and behaviour of the council has left the tenants of 54 flats in this block utterly dismayed, hurt and very angry. They have reneged on all their word and promises to us all.
Incidently the other 3 blocks nearby who were subjected to the same building works but only went 6 months overdue and experienced no property damage or loss were all compensated various amounts. Our block where the real disaster took place with 2.4 years overdue and the claims are more serious and substantial have been completely ignored and given zero compensation.
Sorry to go on for so long but I feel the background is relevant.
So.. I feel personally my and our last and only course of action is to take the council to small claims court. Can anyone advise how to do this please?
Thank you..
0
Comments
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You use MCOL.
But I cant see you winning. You took no steps to protect your property. The council simply are not liable.0 -
I thought this story sounded familiar
https://forums.moneysavingexpert.com/discussion/5710427/council-killed-my-entire-bonsai-plant-collection0 -
We do not have 2nd homes to relocate 70 plants to some of which are very big and heavy and some of which have to be watered daily.. for 4 years?.. I have one trailing pathos plant that's over 50 feet long and trails around the entire apartment. It simply can not be moved without destroying it.
One 76 year old below lady lost her whole collection that she has had for 50+ years. Many of us have disabilities too.
How are the elderly and infirm with nowhere else to go meant to steps can one take to protect these fragile living things exactly?0 -
Yes it is the same situation... it's still dragging on. Since that post it's gone through the councils complaints procedure, the Housing Ombudsman Service and now we are told that our last chance is small claims court..0
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You're not going to hear anything different to what you were told 18 months ago.0
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Well you were incapable of listening to anyone who had a differing view back then. I doubt anything will be different this time.0
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We do not have 2nd homes to relocate 70 plants to some of which are very big and heavy and some of which have to be watered daily.. for 4 years?.. I have one trailing pathos plant that's over 50 feet long and trails around the entire apartment. It simply can not be moved without destroying it. - Irrelevant. You need to mitigate your losses. So that's 1 plant. What about the 37 others?
One 76 year old below lady lost her whole collection that she has had for 50+ years. Many of us have disabilities too. - Irrelevant. You cant go to court on her behalf
How are the elderly and infirm with nowhere else to go meant to steps can one take to protect these fragile living things exactly?
Sell the plants. Save the money. Buy new ones when the work is completed0 -
You spoke to a lawyer previously. Follow their advice.0
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Why didn't you buy a couple of grow lamps?0
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