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  1. What Uncle Bulgaria said. They are still the Insurer. If they have obtained a "Declaration" through the courts they are an Article 75 Insurer, otherwise an RTA Insurer. Either way they are still the Insurer, but the MIB will be the best route.. They will either deal or get the Insurer to deal. If you do commence proceedings against the driver then add the Insurance company as a Second Defendant
  2. This topic was closed on 11 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  3. This topic was closed on 03/08/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  4. If PL insurance just covers the damage caused by faulty work, but not the actual faulty work, would the complainant not keep coming back each and every time the problem arises (if the insurer refuses to fix the actual structural issue)?! No. If successful you would get a cheque, not reinstatement. You would have to foot the bill for the actual faulty workmanship (or register as a creditor with the trustee) Also, has anyone ever claimed on an insurance policy against diminished value of a property after poor workmanship of a builder? Yes, it can be done Or has anyone claimed for consequential losses as a result of a builder, again from an insurance policy? Yes, it can be done Finally, I signed a JCT contract with my builder, allowing for adjudication if needed. Now that the builder is bankrupticon, does his insurer have to enter into adjudication as per the JCT contract? No. the Insurer is not a signatory of the contract.
  5. I may add my twopence here. In my experience PL policies do not cover faulty workmanship, just the resultant damage. Turning to the original post IMO the beams would not be covered under the policy, but the cracks would be. As to Public / Product Liability, if the damage was as a result of the beams failing then that would be Product, as there is something wrong with the product, however, if it was just shoddy workmanship that is Public. Finally, as discussed the PL policy is the builders policy, not your policy, so if he is still trading you are unable to claim direct. He will have to seek an indemnity from the policy and you will have to sue the builder. To sue the builder you have to issue court proceedings and you have 6 years to do that.
  6. The drying company, although experts in humidity, are not experts in flooring. I wouldn't get an Assessor company like Morgan Clarke as they will want their cut, which usually means requesting cash settlements so you would be out of pocket... What I would do is get your own builder to come and do a quote, specifically advising what needs doing to put you back in the position you were in immediately before the loss. To me though it looks like they want to put a screed above the uneven concrete floor to even out, then they would re-tile over that? Have a word with the adjuster to see if that is correct...
  7. Tell your Insurers, it is likely they will remove any extended accidental damage
  8. Hi, The Driving Licence is a standard request. I've not heard of a request for a National Insurance Number at inception, however, I presume this will be to check whether he has submitted a prior personal injury Insurance claim. Are you able to see the Driving Licence number? If so advise them of it, or better still input it at this address - https://www.gov.uk/view-driving-licence and that will give them everything they need.
  9. Ask the police if you can complete an MG19 form. This is a form that you should complete to show the judge (in the criminal case) what you have lost out on. In my experience this has more success than the barrister just asking as an after thought about compensation for you.
  10. You would need to contact the store / Customer Services and ask for the CCTV to be retained and disclosed, so you would be able to see who created the hazard and how long it was there, however, what bazzaS is correct
  11. Hello, we privately rent a house that is on quite a steep hill. At the upper end of the property is our back garden, which for the majority of the year is a no go zone. At the top border of the property is a 15 ft retaining wall (other side is residents car park that is owned by the local council). This wall has 2 drainage pipes where whenever it rains the water from the car park goes down the drainpipes into my garden, making it waterlogged and sodden. We cant step on it due to the gradient, as it is probable we will slip. We thought there was just one drainage pipe, but found a second behind the shed which is now rotten as a result of the water. The Tenancy agreement states we have to keep the garden, including the shed, in a presentable state, which we are clearly failing. Do we have a course of action against the Council? I can see that, as they are above us we have to let them drain their water away, but it is making our garden unusable, and damaging the property. Also, who would have the course of action, me or the landlord? Cheers!
  12. From what I can see it does seem slightly low, but there are too many variables at this stage... You advise she has PTSD. Has this been validated by a psych report? Otherwise it is just an allegation of PTSD which only means a minor uplift. The loss of salary is considered with the "Schedule of Special Damages" - how much was this - if it was about £500 then £5000 is bring valued for the PSLA. If the schedule is minimal - at the £500 mark then a typical short term rib recovery with no firm diagnosis of PTSD you will get nowhere near £9000, but around £6-6500.
  13. The onus is on yourself to prove the loss. The Fire report in my opinion proves this. They have tried to counter this proof by commissioning their own report, which Hawkins have advised "they are unsure where the fire originated from." They have not provided a valid defence to your allegations. Have you seen a copy of the report. It is unlikely for the Engineer to have absolutely no idea - they will usually advise in their opinion "on the balance of probabilities" where the fire originated from. Personally, if you do have home insurance claim off them. You will get items new for old and let them sort out the issue with Argos. Otherwise complain via the ombudsman. I would be waryu of claiming through the courts initially as this would be a long process - I imagine that your losses are pretty substantial so could be a multi track claim..
  14. Hi, The offer will be on the table for a long time - dont worry about that! You have 3 choices: you can wait until 6 months, if you still feel pain then ask for supplementary medical report, you can take the money now, or you can get a solicitor. Personally I would ake option 1 BUT... if you are wanting a settlement now £2000 for a 6 month whiplash is quite generous (if it is for pain and suffering only) - ie no loss of wages... You could always squeeze an extra £500 if you wanted...
  15. A few things... Firstly, you need to issue a letter of claim. The courts ould frown if, after 28 days and no response you issued straight away. It is the norm to allow them 90 days from 1st acknowledging your first contact with them.... You will not get an hourly rate for your time in preparing the claim. This would only apply to solicitors regulatd by the SRA. You could claim miscellaneous inconvenience costs - postage, telephone calls, etc. I would try £25 for this. With regards to taking your car to a garage you could try that, but I have ever heard of anything being paid out for this. You haven't actually said why they deny liability. Regarding stu007's comments this is incorrect. You do not have a contract with Southern Water, so they have no duty to you. On your letter of claim state, if liability is to be denied you require the Risk Assessments for the works carried out by them, the training records of the people ho installed the signs, the accidnt report form / investigation form / near miss form, and details of all similar accidents whilst the work was being carried out.
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