Cavity Wall Insulation Claim - Need to get out

Legacy_user

Hi,

So basically we had cavity wall insulation a few years ago and then a company came a long and said we can claim compensation bla bla. Basically my dad signed up for it (probably had no idea what was going on, since he speaks little English). Thing is everyone has forgotten about the claim it's been going on for too long and last year the solicitor dealing with it went bankrupt and transferred our file to someone else.

The new solicitor has made contact can I just say I no longer wish to pursue this, will/can I be charged? (It was no/win no fee)

Davesnave

User2018 wrote: »

The new solicitor has made contact can I just say I no longer wish to pursue this, will/can I be charged? (It was no/win no fee)

No one can tell you because none of us can see the terms and conditions of the contract your father entered into.

You can either post those, redacting any personal info, or get a solicitor to check them for you, or ask the current solicitor what their charge for withdrawal will be. Then you will know what you are up against.

However if it's 'no win, no fee' what is the problem with letting it run? What does 'going on too long' mean in practical terms? It must mean something, or it wouldn't be bothering you.


And what is the problem with the insulation? Mine's fine. Presumably yours isn't?

System

I'm planning to leave country and end of year permanently and transfer property over to sister. That's why i want to get out this mess.

stator

No, most of these contracts allow them to claim their costs from you if you fail the follow through.

Aylesbury_Duck

No win/no fee is not the same as no action/no fee. It's possible (probable, actually) that they can claim genuine costs incurred to date from your father. You need to check the paperwork and see what he agreed to.

System

OK that's fine, however, since the first initial company has gone into administration is the contract even still valid since it's been passed over?

Manxman_in_exile

Is there something wrong with the insulation? What's the basis of your claim?


And yes, if NWNF they can charge you expenses and disbursements to date (assuming they've incurred any).


But all depends on Ts&Cs your dad agreed to.

System

Well the survey who came said it was not installed according to BAA requirements and property has suffered from damp since installation.

Aylesbury_Duck

User2018 wrote: »

OK that's fine, however, since the first initial company has gone into administration is the contract even still valid since it's been passed over?

I've no idea.

What does your father's paperwork say? Without it, we're all just guessing.

Aylesbury_Duck

User2018 wrote: »

Well the survey who came said it was not installed according to BAA requirements and property has suffered from damp since installation.

So why would you not want to pursue the claim in the hope you get some restitution?

Manxman_in_exile

Surely you want your sister to live in a damp free house?


Does she know there's a problem?