Subsidence claim

Annemos

Oh nooooo.  So very VERY descriptive. See the new post I am logging about CUE.

The whole Industry never seems to know what should be done with Subsidence claims, on all levels and at all stages of the Claim.

They all need a great big Training Course! They often seem to ignore any logic in a given situation. 

Marley16

Hi Annexes, I'm back!  As I have a 6-year time limit I am trying to get help to take my Insurer to court for truly fair compensation - I have the evidence - failure by Loss Adjuster and the contractors they employed [a construction company and a so-called flooring specialist] yet they got it wrong failed to installed damp proof membrane and that why they had to repeat the work and this is what sent me into a downward spiral [the second period of 11 months living out of my bedroom!].  The previous Loss Adjuster's delaying tactics of 4.5 years I believe was the reason for the necessity of those reparations.  The Loss Adjuster's delaying tactics [what I call false repudiation] was the reason such serious works had to be carried out to repair the kitchen/breakfast room floor.  In fact, the first Loss Adjuster in 2001/2 failed me completely - they had the evidence, yet chose only to carry out limited superstructure reparations knowing full well from the evidence that the subsidence spanned the whole of the rear half.  I am furious, but need help to get this to court.  Wish I could find a genuine expert witness or solicitor, or both to take this on for me.  I have all the evidence on file and can write reports, but they need to have the stamp of an expert for Court.  

Anyone who can give me any information, guidance would be much appreciated.  I can relate to the Sub-postmaster scandal in many respects - mine has bee and still is a David & Goliath Battle.  I need to fine others who have a similar story and we could then get publicity and justice.  However, I will try to take this to Court myself.  

Marley16

Hi its Marley again!  You too, may have heard what I was told many years ago, that Loss Adjusters hope we will give up, move house or pop off!

Another point:  FOS have published the decision of my complaint, but what they have written is not the truth, unsurprisingly, so gives a false impression to others!  I have no faith in them - its a ridiculous option [an easy decision for the Insurer as they know FOS will have their interests at heart].  I understand that FOS are funded by the financial institutions themselves - so surely there is an immediate bias.  A further point:  FOS told me they are not experts in subsidence, buildings or the construction of them!  So how can there be fairness in them investigating such complex complaints?  They are working blind, never visit the property nor are they willing to have a genuine in-depth conversation.  I believe they just want to move each case on as quickly as possible.  They are not fit for purpose. 

My current situation is that the cracks remain, having been repaired several times now awaiting repair once again, but I'm not willing to go through yet more upheaval until a true diagnosis has been obtained such as ground tested for strength to support a residential property.  Loss Adjuster seems to be avoiding this type of investigation, but have said the opinion of a different S/Engineer is recommended.  I have put forward S/Engineer's quote, but Loss Adjusters are, as usual, taking their time!  I believe the Shear Vane Readings of the ground below that area of my property are inadequate and it may be that for peace of mind I need to pay £1,500 for a trial pit and if it transpires the ground is unstable as was the case for the rear right corner, then I assume I can recover the money.

Insurer promised to have the whole claim thoroughly investigated impartially.  What happened next is yet another unsurprising result:  A half-page email response by an AVIVA employee who inaccurately said that the issues related to a previous insurer, saying that my policy began in 2013!  That is a lie - I have been insured by AVIVA since 1 May 2000 and the use of an employee is of course, not going to produce an impartial report.  Such a report into a 20 years plus "David and Goliath Battle" for justice, is not something which can be addressed with a short email!  Sums it up;  they are experts at wriggling!  Unfortunately these types don't know the difference between right and wrong, truths or untruths,

I need help from a genuine lawyer, one who has the knowledge of subsidence, its causes and the impact it has on a property.  Loss Adjusters' failure to install Damp Proof Membrane when repairing kitchen/breakfast room flooring added an additional 2 years to my misery, having been put through a nightmare situation in 2019 of 4.5 months.

Bluntington88

Hi Marley, what a long drawn-out, negative experience. As I understand it, you haven’t had a structural engineer’s  report or electronic monitoring or bore holes drilled to examine possible tree roots below ground? My experience so far is that monitoring is essential in establishing the cause of the problem. After that has been done, dispute often arises about how to tackle it what the monitoring has found. 
I have read Case Studies on the  FOS site that have awarded reimbursement of fees to the insured party if the FOS find in their favour. 
It was suggested to me that I might want to consider using a Dispute Resolution Solicitor. Their fees are expensive but maybe, initially, you only need their advice on whether you have a decent chance of winning. If the FOS has not accepted your Complaint, it would be a risk to spend money without new evidence (monitoring etc) to challenge the insurer’s position. 
I paid an independent engineer to write an in-depth report before I took action which cost me £800. 
Good luck. I know how frustrating this battle can be.