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    • Actually there wasn't a massive amount of work to do on the WS.  The "meat" was there because of the great work you'd already done. Here is a version which I think is nigh-on finished. However, with Easter there are a few days for the other regulars to suggest tweaks. Defendant WS.pdf
    • Hi all, We bought a part to fix our washing machine approx 13 months ago direct from the manufacturer of the washing machine via phone. This part then failed 13 months later, as confirmed by their own engineer, who was sent by the manufacturer (who is also the retailer for the part) FoC. The engineer actually installed a replacement part, the machine came back to life, but they then removed the part used for testing (and ours reinstalled) as "we would be charged for it". The retailer are refusing to replace the part, stating that they only warranty parts for 90 days. When I stated that I believed the Consumer Rights Act gives me longer than that, they insinuated that it did not, and this was repeated by many representatives. AIUI for goods bought more than 6 months ago, I need to get an engineers report to confirm the part has failed? Or that it has failed due to manufacturing issues? Or would the companies own engineers report suffice? Also, does anyone have any other decent contact details for Hotpoint (or the Whirlpool group)? Thanks, GH
    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
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Bought house at auction no survey done. Now possible subsidence.


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Helping someone .

 

 

I bought my house in a auction and knew the house was suffering from some sort of damp problem.

I never had a survey done as there was no mortgage and there was a damp problem.

 

 

I have managed to sort that out and will be having a damp course done in a few weeks time.

However now some 16 months on cracks have started to appear on inside walls.

 

 

These are vertical ones and are very thin.

I have checked the wall above and because it has wall paper on cannot check if the cracks have gone up.

 

 

I did however contact my insurance company who took down the claim an are in the middle of appointing a Surveyor to come out and inspect this.

 

 

Do i have anything to worry about if i cannot produce a survey ?

So whats cooking today ?

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Hopefully Ericsbrother will pop in to help, he may be better placed to guve some help.

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Not wise to contact the Insurers at this stage, as the claim will be noted as subsidence and appear on the central insurers database. If it turns out to be settlement due to the damp issues and not subsidence, you need to ask the Insurers to amend the claim peril of subsidence, as it was found to be irrelevant.

 

Small verticle cracks can appear for a number of reasons. If they run straight, it might just be where plasterboards join. You should have got a builder or surveyor to have a look before contacting Insurers.

 

Ask yourself questions at to why cracks have appeared now 16 months on. It might just be that cracks were painted over or filled previously and they are just showing. If the cracks are thin and not spreading, it might be nothing to do with subsidence. If you search online for subsidence you will find loads of pictures of what it looks like.

 

Don't worry about survey and if asked say you did not get one. No knowledge of any defects, apart from a damp issue.

We could do with some help from you.

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I have seen these cracks. There is a small vertical crack in between the living and reception room . There are also vertical cracks along where there used to be a door and has been filled in by using plaster board. A builder did see this a few days ago and said he could see the middle where sliding doors go bowing down. the cracks are on both sides of the wall and level with each other. They were not there a few weeks ago. The family went on holiday and when they came back they noticed these cracks. The things i get involved in !!!

So whats cooking today ?

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Could be anything.

 

Renovations to house including load bearing walls.

 

Water/drainage leak under the house. Might be worth getting this checked, as water damaging foundations can cause severe costly damage.

We could do with some help from you.

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It doesnt sound like subsidence as people commonly understand it and the lack of survey wont make any difference to an insurance claim as they take a decision based upon the known risks and the lack of survey will be one of the factors in deciding to offer you cover and at what price.

 

Knowing more about the house would be helpful,

its age,

what it is built out of,

where it is ( geological factors other than subsidence are a massive factor in house settlement/movement),

whether detached,

terrace etc.

 

 

If detached or semi detached you can run a laser level along a course of brickwork on the open sides and see if the building slopes in any direction.

 

 

Also, get a plan of all of the drains, sewers etc that are near the property.

The council should have a map of these.

A cracked pipe will wash away a lot of soil and subsoil from quite a smell leak over time.

 

Cracks of less than 5mm wide arent really structural but can point to other problems.

look in the loft at the beams and joists,

 

 

roof spreading due to old timbers moving is common and that pushes the walls apart.

Simple to tie them back together with either timber or metal struts.

 

 

If there is a loft conversion that may be the cause,

the extra weight and reduced rigidity of the roof and that would mean new steel beams putting in to bolt the roof/walls.

Not as expensive as it sounds

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I have seen these cracks. There is a small vertical crack in between the living and reception room . There are also vertical cracks along where there used to be a door and has been filled in by using plaster board. A builder did see this a few days ago and said he could see the middle where sliding doors go bowing down. the cracks are on both sides of the wall and level with each other. They were not there a few weeks ago. The family went on holiday and when they came back they noticed these cracks. The things i get involved in !!!

 

The cracks above the sliding door area will undoubtedly be due to the lack of, or failing of a lintel above the opening.

Are there further cracks above this position on upper floors?

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