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Damage to property following installation

Shoxt3r
Shoxt3r Posts: 172 Forumite
Ninth Anniversary 100 Posts Name Dropper
edited 27 September 2019 at 12:48PM in Consumer rights
Hi all,

So I have had a complaint ongoing with an unnamed company for approximately 1 month now due to a poor installation of a washing machine we purchased. It was installed around 7 months ago by the delivery team and after around 6 months we found water leaking across our flooring.

We investigated with the help of a plumber and found that a pipe had been left connected and was leaking right across the floor. We pulled up the vinyl covering and found that not only the hardboard but also the vinyl flooring was beyond repair and that the floorboards underneath were soaking and damaged as a result.

To start a claim the company in question have asked us to provide estimates and reports ourselves from local building firms to put everything right but after forwarding the details from the firms, and requesting receipt I have yet to hear back from them.

All of this complaint and related files have been forwarded through the Resolver website and we have extensive photographic evidence of the damage caused.

However, what are my next steps to getting this issue resolved to my satisfaction - for example if they refuse to pay out on the estimates submitted?

My main concern at this point is that we have a 3-week old baby in the house in the environment of all of the exposed floorboards and resulting mould which was detailed by one of the construction firms. Due to the damp there is also fungi developing underneath the lower kitchen cabinets and insects beginning to encroach on the kitchen area (e.g. slug and snail trails are visible).

Thanks in advance!

Comments

  • JJ_Egan
    JJ_Egan Posts: 20,281 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    <However, what are my next steps to getting this issue resolved to my satisfaction - for example if they refuse to pay out on the estimates submitted?>


    Small Claims Court .




    Mold insects etc >> both can be controlled via sprays for now .
  • Shoxt3r
    Shoxt3r Posts: 172 Forumite
    Ninth Anniversary 100 Posts Name Dropper
    Thanks for your reply.
    What is the best way in which to start the Small Claims Court process if it came to that?
  • Money claims online.

    Small claims is designed for laypeople to do it, but if in doubt about any step ask for guidance.
    Mortgage started 2020, aiming to clear 31/12/2029.
  • Shoxt3r
    Shoxt3r Posts: 172 Forumite
    Ninth Anniversary 100 Posts Name Dropper
    Sorry for the delay getting back - thanks for the help!
    It hasn't come to Small Claims Court yet - the claim seems to be progressing on its own now so fingers crossed for an amicable and swift resolution!
  • Shoxt3r
    Shoxt3r Posts: 172 Forumite
    Ninth Anniversary 100 Posts Name Dropper
    Ok so things have slowed up again since I last posted. They're now trying to get in touch with the driver's boss so that things can progress (not sure why they're involving them at this late stage and why they couldn't do all of this while waiting for my quotes??).

    I phoned them on Friday and got this update and have basically been told to wait it out. So I've had enough and have reported AO to Watchdog and Rip Off Britain - we'll see what happens!
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    Shoxt3r wrote: »
    Ok so things have slowed up again since I last posted. They're now trying to get in touch with the driver's boss so that things can progress (not sure why they're involving them at this late stage and why they couldn't do all of this while waiting for my quotes??).

    I phoned them on Friday and got this update and have basically been told to wait it out. So I've had enough and have reported AO to Watchdog and Rip Off Britain - we'll see what happens!

    Why keep waiting? Send them a Letter Before Claim (google for examples) and see how they respond.

    If nothing is forthcoming launch a claim.

    From your opening post it sounds like this has been going on for a few months at least. If that's the case you've been patient enough.
  • Shoxt3r
    Shoxt3r Posts: 172 Forumite
    Ninth Anniversary 100 Posts Name Dropper
    A lot of the waiting around to be honest has come about because we have a young baby so I haven't had much time to pursue other than during lunchtimes while at work - and also not actually knowing other ways to progress the claim.

    AO have had the builders quotes for approximately a month now so I completely agree it's enough time to be waiting. The dispute actually began around mid-August but there has been a delay while I sourced quotes from builders, and also because of the arrival of my daughter which meant I couldn't dedicate any time to the claim.

    However, that's really useful advice about sending a letter before action through to them. I was struggling to find the information as most sites/advice seems to be hidden behind a paywall.

    Apparently the hold-up with the driver's boss is holding up a number of other claims too...

    Link below for anyone else wishing to do this.
    https://www.which.co.uk/consumer-rights/letter/letter-before-small-claims-court-claim
  • Shoxt3r
    Shoxt3r Posts: 172 Forumite
    Ninth Anniversary 100 Posts Name Dropper
    So following the wait I've looked into providing a Letter Before Action. However, on the Citizen's Advice website it outlines that the judge would have expected both parties to go through an ADR process.

    I've therefore contacted my local ADR Scheme provider for further information, as apparently I need to request permission from AO (or Expert Logistics who were responsible for the installation) before I can apply and I'm not sure how to formally do this.

    In the meantime I've called Expert Logistics for an update and again they have no further update. I'm due to receive a call later today when they will hopefully be able to provide more information. I can request a callback from a manager but the representative said that they wouldn't be able to provide much more information.

    Hopefully I can start the ADR scheme process soon and get things moving again as it seems to have really stalled now!

    Any further help or advice would be appreciated.

    Many thanks!
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    They are a business and you are a consumer. It's up to them to suggest or provide an ADR. Just ask them to nominate one or state which one they are a member of (if any).

    Don't over complicate this. You are the consumer don't forget. You don't need to go round sorting out mediation. If they don't suggest one the court will do it for you.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    waamo wrote: »
    They are a business and you are a consumer. It's up to them to suggest or provide an ADR. Just ask them to nominate one or state which one they are a member of (if any).

    And if they don't do anything to progress that avenue, press ahead with the court action. You've given them the opportunity to sort it out by other methods.
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