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Business Insurance claim 4 years after
Donce
Posts: 6 Forumite
4 years ago cleaned client home had business insurance for cleaning services whent to detached garage to get water from hose pipe next day hose pipe came of tap and flooded garage. 2 detached garages one my customer one neighbours gave my insurance details claim was refused stated insurance had exclusions :external work. After that neighbours incurace made claim against my client witch was refused .And now after 4 years came back to me as individual .any one have any advice ? Claim is for 35k now they writhing me and saying they will apply for CCJ.
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Comments
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Get proper legal advice.Censorship Reigns Supreme in Troll City...0
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They have up to 6 year to make claim for damages and so are within the time limits.
Were you operating as a sole trader or a Ltd company?
As above, for £35k its worth engaging proper legal advice0 -
You have no contract with neighbour, only a contract with client. If client (or their contractor's (ie you)) damaged neighbour's property then neighbour needs to claim of client. Client can then take action against you.
For all this to result in a successful claim, then both neighbour's claim against client and client's claim against you would need to be successful.
1. Don't admit liability.
2. Check whether you have legal insurance; posssibly with your house insurance.
3. Take advice before replying in any form. They could be just chancing their luck. To get a CCJ they will need to go to court and get a judge to decide you are liable and for how much and then go back to court to get the judgement enforced and then you not pay and get a CCJ.I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0 -
You have no contract with neighbour, only a contract with client. If client (or their contractor's (ie you)) damaged neighbour's property then neighbour needs to claim of client. Client can then take action against you.
For all this to result in a successful claim, then both neighbour's claim against client and client's claim against you would need to be successful.
1. Don't admit liability.
2. Check whether you have legal insurance; posssibly with your house insurance.
3. Take advice before replying in any form. They could be just chancing their luck. To get a CCJ they will need to go to court and get a judge to decide you are liable and for how much and then go back to court to get the judgement enforced and then you not pay and get a CCJ.
The contract is irrelevant, I didnt have a contract with the idiot who drove into the side of my parked car but their negligence is what gave rise to my claim against them.
CCJ is a bit of a misnomer, you get a county court judgement simply by going to a county court and being judged however it only goes onto your credit file if a judgement is made against you and it isnt paid within the timescales required. Most are concerned about the credit record meaning of CCJ but technically both are judgements0 -
No.3. Take advice before replying in any form. They could be just chancing their luck. To get a CCJ they will need to go to court and get a judge to decide you are liable and for how much and then go back to court to get the judgement enforced and then you not pay and get a CCJ.
When the case is concluded (either by default/hearing) and is in any way against the defendant then the defendant will get a CCJ against them.
You seem to be referring to having a CCJ put on the register.
A CCJ is put on the register immediately, but will be removed if you pay it in full within a month of it being issued. (There is no need for the claimant to have commenced enforcement proceedings within the month)
But it goes on the register if you don't pay it in full within0
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