axil23
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Posts posted by axil23
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Not yet. I only just replied back this morning with my bank details. Shall I give them 2-3 days?
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I was gonna ask that question. You guys have been brilliant and I will be donating £65 to this site.
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I got an email late yesterday from a litigation company who were instructed by the defendants insurance company. They are asking for my bank details and are willing to settle up the entire amount.
The final date for the defendant to respond is Monday. So should I provide this and do they have to settle up before Monday or do I give them some time?
Thank you so much for your assistance.
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Yes. It was issued earlier this morning.
Thank you for your assistance yesterday. It was appreciated. Will update when I hear further.
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Good catch. Changed the date to 18/10
Have added in the final line at the bottom.
Thank you so much for your help. Will submit this tomorrow.
MCOL is open today and I was filing in the claim and on the final 2 steps it says
Briefly explain your claim - Which I have put the above in.
Next option is timeline of events.
In this shall I add the full time line as I posted above.
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That is very kind of you to draft the letter. Thank you.
I realised the one I was busy drafting while you posted this was wrong again.
Final. Please advise if missing anything.
QuoteItem Declared: Repairs for damage to fallen ceiling
Total claim £600
The claimant's flat is a Tyneside flat with the defendant's flat directly above his.
The claimant reported a leak coming from the defendant's demise on 09/10/2023.
Despite multiple reminders, repairs to rectify the issue were not carried out promptly.
On 14/10/2023, the ceiling of the claimant's property collapsed due to damage from the leak and negligence from the defendant's agent.
On 18/11/2023, the claimant arranged for a repair of their water leak.
On 2/11/2023 The defendants Insurance agent advised claimant via email that the defendant will not be getting the work done to rectify the damages to claimants bathroom.
The claimant served the invoice for the damage to the defendant's letting agent on 17/11/2023.
The claimant seeks the value of £600 that it took to get the repairs done and bring the property back into a habitable condition.
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So what information should I put in the POC. Just that the ceiling fell and that I am claiming the set amount?
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Can't seem to get it below the character count. Am I giving too much information here?
QuoteItem Declared: Repairs for damage to fallen ceiling
Total claim £600
Claimants flat is a tyneside flat with the defendants flat directly above his. The ceiling fell down in the claimants bathroom after a constant leak from the defendants bathroom above which lasted 9 days before it was eventually fixed.
The claimant only point of contact is the defendants letting agent who manages his property. The leak was reported to them in the following timeline.
9th October - Leak reported via phone call to defendants letting agent and followed up with email.
10th October - email reminder sent at 232pm
12th - 16th October - 3 phone calls made to defendants agent to chase up. No update received.
14th October - Ceiling falls down at claimants property due to the leak
17th October - Received email from the defendants letting agent stating that their employee had left the company hence why nothing has been done so far.
17th October - Claimant sent email at 5pm to ask for an update. No reply
18th October - Claimant sent email asking for an urgent update as leak still ongoing at 1203pm.
18th October - Received email from defendants letting agent that leak resolved at 5pm.
20th October - Sent email to defendants letting agent to ask who will fix the damage and was advised that a quote was sent to defendant for approval.
20th October - 2nd Nov - Various emails exchanged with letting agent to check on update on works to repair ceiling. Advised waiting defendants approval.
2nd Nov - Got email from defendants Insurance advisor to say they will not be claiming on his insurance as it was an unforeseen event and it wasn’t due to negligence.
The defendant has refused to reimburse the claimant directly for the full amount.
The claimant seeks the value of that it took to get the repairs done and bring the property back into a habitable condition of £600
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Perfect. Will draft over weekend and post here.
Just out of interest do I still keep on using the agents address considering I don't have the LL's for the MCOL.
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Hey guys. What should I do next? Give LL another warning that I will issue claim next week?
From the communication that I have had with the Insurance company my feeling is that they won't cover it as it wasn't an accident and could have been avoided if leak was fixed in a timely manner.
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Yeah I specifically pointed that out at the start to the Insurance company.
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So the time given on the PAPLOC is up. The last I heard from the Insurance company was a few days ago when they were asking about what exactly happened. Their last response was that they will go back to the insured.
What should I do next?
Should I email the agent (LL) to given them one final chance to make payment or I will issue claim?
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I gave them 30 days. Will add the note, thanks for that.
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Thank you. Will keep you posted.
If I get my money back I will 100% be giving a contribution to this site? You all have been fantastic.
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Ok will do. Are these companies instructed by the Insurance company or the owner himself? Just wondering why he would pay them money to defend rather just settle the £600.
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Got the following email today from a company called MPL Claims.
QuoteWith regards to the above claim, please note our involvement as the appointed claims management company on behalf of ******** Insurers.
Our claim reference number is ********.
Please can you provide:
1) images of the damage;
2) details of your allegations against our insured; and
3) confirmation as to whether you have reported the claim to your own insurers?
What should I do next?
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Was drafting the letter before small claims court claim and in the CAG Pre action protocol pdf it states I need to send them a Reply Form for their response. This is various pages.
Is that for businesses only or should I also add this as a Landlord?
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Drafted the letter before claim. Since I am sending it via email to the estate agent do I need to print it off and sign it? Don't wanna miss out on any technicalities. Can it be sent in a email format?
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So draft letter of claim and give them 1 month to respond?
By the way thank you so much for your help. I really appreciate it.
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Previously it was a different estate agent hence why I didn’t ask for anything prior. I have email correspondence from then but that agent has closed down since.
The only part they haven’t included is the email from them to say the delay was due to their employee leaving. Shall I ask them for it or would my email do? This is a vital part to prove their negligence.
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I requested the following
QuoteI would like a copy of the following personal data that you hold about me, and which I have a right to view under the Data Protection Act 2018:
I would like to request 'ALL DATA' from when I reported the leak at ******* till now that you hold. The day that I reported the leak was 9th October 2023.
Is this sufficient?
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Yes. They replied back to it at 28 days and it only has correspondence from this time around and not the previous leaks. Plus they have left out an email from it in which she says that their member of staff has left the company as being the reason for delay. I would need that for proof or is my email enough?
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It has now been over 4 weeks since I sent the letter with details of what has happened in a timeline format. Along with this I sent the bill and explained reasons why I believe its not an unforeseen event.
Received a reply after 2 weeks as per above from his claims agent. Nothing since then.
What should I do next?
Damage caused by negligence of property agent
in Residential and Commercial lettings/Freehold issues
Posted
Donated . Thank you to each and everyone of the site team who helped me.
Will update when I get the payment and this is closed.