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escape of water and kitchen


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Hi,

 

First post after coming across on Google.

 

We stay on a first floor flat. In the middle of January, we found had no central heating / hot water one mornng. Called the heating engineer who came round same day, told us the problem was the pump was faulty. While in the cuupboard , which is in the corner of kitchen he told us out cold water storage tank at the top of the cupboard was leaking. We had no idea, as never in the cupboard, it only has the hot tank, heating pump and cold water tank above. So moved wife, 6 yeard old and 2 month old out as no hot water/ running water (all from cold water tank), toilet and heating. One week later after new tank and pump fitted got home. May add that downstairs neighbour has just moved in before christmas as has not mentioned any water damage from us.

 

Anyway, realising that this has been dripping we looked at floorboards, having a sheet of ply on top (lino floorcovering) this just peeled off as wet, and floorboads damp. By this time Breakfast bar is ripped out as needs access to cupboard.

 

Called Directline insurance, who said get 2 quotes and send in. This proved a challenge gettign 2 quotes as Joiners obviously dont want business (or insurance anyway) The 2 I did manage both said floorboards are cupped and need replacing , which means have to remove kitchen. Great .. Not i think, have to move out family again. 1 then wont send in quote, 1 does. After talking to somebody get recommend to someone. first thing he asks is who is loss adjuster, dont have one, insurance said get 2 quotes. So call insurance , tell what i ben told and they appoint UK assistance. The come week later, walks in says floorboards need to come out, new units.

 

When call builder, he asks base units or kitchen units (with doors), so call LA, says dont need to remove units , to do it. So query it via email, reply say to remove units, quote to pre loss condition, refit existing worktops, as the water has not damaged them, any skilled builder should be able to do it. OK, I ask as had advice from a joiner, about worktops as when joints are broken when removed cant be refitted, and as kitchen is sound and good condition, it is approx 15 year old flat pack, so if integrity is comprised what happens. Now no reply that was week ago.

 

Having never been involved in insurance claims, even sorted the decorating when upstairs had a leak ourselves, so not t trying to do them. But I dont want my kitchen getting refitted with same units but now useless due to being removed, more time wasted and having family and kids staying out of house.

 

All I want is know how to proceed and if units do get damaged who replaces as i dont have budget for new kitchen . And should the worktops be replaced as advised.

 

Thank for bearing with me, and for your advice.

 

KS

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Your post a bit confusing, as it is a story rather than a question. I am guessing that the kitchen units need to be taken out to do the job properly and in doing so they may become damaged. If this is the case your Insurers should pay for any units damaged and make a 50% contribution towards replacement of other units. But you will need to speak to the Insurers loss adjuster about this. I suspect that they won't be happy with this and will argue that the job can be done without taking the kitchen units out.

 

So

 

1) You need to establish whether the kitchen units need to be removed

2) If they need to be removed, will your Insurers pay for damaged kitchen units to be replaced and make a 50% contribution to replace other kitchen units. ( The Financial Ombudsman Service (FOS) would normally expect Insurers to pay 50% towards undamaged units in this situation.)

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Sorry about my post being so protracted, just wanted to give the full background.

 

We have been told that all the units need to be removed for all floorboards to be replaced.

 

The question abut the units is where I dont understand. If they are adamant that the units can be removed and refitted with no damage, and subsequently damaged, is it correct that I should have to pay for base units. Is this not the point of insurance? If my insurers say to put in a pre-loss condition, does that not imply that if something has to be removed for damage to be fixed I have to pay for it?

 

Sorry if sounds like rant, but just need some advice from people in the know.

 

Have emailed the LA, but he not replied, so how would I ger some assurances and information?

 

Ta

 

KS

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I suspect you will not get any commitment about replacing daamaged unist. IF they are damaged subsequent to any works, that is the point you will have to get into any argument with the loss adjuster. They won't want to get into any discussion before the event and will try to ignore you.

 

The loss adjuster is supposed to be independent but as they rely on work/payment from Insurers, they will try to minimise the claim as much as they can.

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  • 2 weeks later...

Thanks , you are indeed correct, any units damaged are nothing to do with them, and

To speak to joiner .

 

Joiner takes no responsibility for replacing damaged units so I could be left with nice floor but no kitchen.

 

Whole system lack common sense.

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Thanks , you are indeed correct, any units damaged are nothing to do with them, and

To speak to joiner .

 

Joiner takes no responsibility for replacing damaged units so I could be left with nice floor but no kitchen.

 

Whole system lack common sense.

 

What you should do is make a formal complaint in writing to the Insurers claim manager threatening to take this to the FOS. The Insurers have 8 weeks to resolve, before you go to the FOS. As the Insurers would incur a fee of £500 if you went to the FOS, they might offer you an ex-gratia payment towards replacing the damaged units. Depending on how much they offered (if they did), you would then have to decide whether it was worth getting the FOS involved. The FOS could take atleast 6 months to review.

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I'm not sure this is a matching items issue - potentially a bit later on, but not yet.

An important point to note is: How is settlement being agreed? if your insurers have authorised the repairs to your joiner, then they have the responsibility to rectify any faults and therefore a liability to resolve any issues of error, poor workmanship, bad instructions etc. by the adjuster. If they have just told you to tell your contractor to get on with it, or cash settled direct with you, the case is different. A lot will depend on the contract formed.

I can see your piggy in the middle, if the insurer are saying the units can be removed without damage, your joiner should be doing this, if they can't they should challenge it, letting the insurer know why this can't be done and let the insurer decide where they go from here.

The insurers point is, the job can be done without further damage, the fact the your joiner says they can't may not be good enough, when someone else can. But they have to accept that things can go wrong in the course of the repairs and if they feel the joiner is negligent, take it up with them, but this is if they have formed the contract.

It could be a case that your joiner is not good enough. I can see their point why they’re not going to be liable for the units if the collapse, there could be all sorts of reasons why (installed incorrectly, wear and tear, they trip up, on and on .....).

You could ask the insurer if they can get someone in to do the job if they feel it can be done better?

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I read it that they have had the work done and are now left with a damaged kitchen.

 

The problem I think, is that the kitchen is a 15 year old flat pack, probably made of MDF and when this is taken up it is bound to be damaged. Therefore the loss adjuster on behalf of the Insurers does not see it as being reasonable to pay towards replacing kitchen units that are probably due for replacement anyway.

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The work not been done yet .

 

Having so much hassle getting quotes .

 

I can understand their argument , however , having to move moving my family out , I want to

Try and and cover eventualities instead of drawn out arguments whose to blame.

 

Kitchen in is solid and fine , but who knows what happens when the work goes ahead .

 

I dont understand the point about settlement and insurance appointing contractor . I originally thought before it all that they would send their own guys . How wrong am

I?

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The work not been done yet .

 

Having so much hassle getting quotes .

 

I can understand their argument , however , having to move moving my family out , I want to

Try and and cover eventualities instead of drawn out arguments whose to blame.

 

Kitchen in is solid and fine , but who knows what happens when the work goes ahead .

 

I dont understand the point about settlement and insurance appointing contractor . I originally thought before it all that they would send their own guys . How wrong am

I?

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