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Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund. You will have to register before you can post or view the materials which may assist you in reclaiming your penalty charges: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. Understand what you are doing and you will be able to Reclaim the Right more effectively.

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Old 27th December 2006, 13:13   #1 (permalink)
KieronP
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Join Date: Mar 2006
Posts: 24
KieronP Novitiate
Question Compensation?

Hi
I have an ongoing problem with my flat that I have detailed below. Can anyone offer any advice?

I purchased a flat in 2003 without getting a full survey (I have learnt my lesson there!). Soon after moving in I noticed that the plaster was dimpled in places, I thought that this was just a bad plaster job.
When I went away in August 2003 the ceiling in the kitchen collapsed because a joist had rotted and fallen on it. I had this repaired for £2000, £1000 of which came from buildings insurance held by the management agents. I was informed verbally by the management agency that there was previously a leak on my flat roof that had since been repaired; this damage was a consequence of that leak.
As time passed the condition of the plaster inside deteriorated and I realised that the previous owner had skimmed the walls before selling the flat to hide a serious damp problem. I contacted the management agency several times and they sent people out to make minor repairs to the roof and to get some blown render replaced (another £1000 out of my pocket). I had sections of the flat decorated inside as I thought that the damp had been eradicated but after a few weeks the damp repapered through the new plaster (More money wasted). By this time I had a new account manager at the management agency and he arranged for a survey of the roof to be performed, however, this took months to happen and when the results were returned the agency would not do anything as the lease was up for auction and they would not be managing the property afterwards. This resulted in a period of 4 months without any movement and the damp continuing.
The new management agents have taken over and have been very helpful but things have still gone slowly. I moved out of the flat in April and the roof was finally replaced in May/June. After the roof was repaired I removed all of the damaged plaster from the external walls and replaced the windows (one was wooden and had rotted, the others were double glazed but had been damaged by continual damp). I then had the walls re-plastered and the interior decorated. This was completed in September but we then discovered a leak in the roof that is still ongoing that has damaged the new plaster.
Although I realise that this is my fault for not getting a survey I cant help but feel that had the first management agency down their job correctly I would be around £10,000 better off!
Is there ANYTHING I can do to claim some of this back from them? Can I claim on the buildings insurance for something like this or will they just say that it is caused by wear and tear? Can I claim retrospectively for the work that was required inside to repair the damage?

Thanks in advance

Kieron
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Old 27th December 2006, 13:58   #2 (permalink)
JonCris
Platinum Account Customer
Default Re: Compensation?

Although I think the lack of survey will be a major stumbling block (who suggested you didn't need one) if you want to take action against either the previous owner or agents then you should seek professional advice from a solicitor before you waste even more money

Is the leaking roof that has caused the latest problem supposed to have been fixed............If so the agents will have a guarantee from the builder & be able to require them to fix it at no further cost & you will be able to claim compensation from the managing agents for the neglect of their appointed agent/builder.
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