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vinyl_junkie21

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About vinyl_junkie21

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  1. Thank you - that's reassuring to know. I am also, as a backup, filing an application to add my partner to the claim as an additional claimant just to put my mind at rest.
  2. Thanks for the response. The defence is worded as "Our client's report was prepared for #### and you were not entitled to rely on it". CPR 19.1 states that parties may be joined to a claim but does not specify whether or not the acting claimant needs to be the person requested the service. Given all correspondence for the Money Claim has came solely from me, I am still not sure if my Money Claim is fundamentally flawed and open to be deemed as acting unreasonably CPR 27.14(g).
  3. I have a Money Claim filed against a damp and timber surveyor who failed to spot rising damp when commissioned to provide a report for a property. After receiving the report I went ahead and purchased the property and as a result have had to pay for costly damp proofing works. Because the report stated "there is no rising damp", I was not aware I would need such works when agreeing a price for the property. Prior to instructing repair works, I invited the surveyor back for a free re-inspection where they confirmed their estimate for remedial action was some £3k short of the mark and that rising damp was present. Open and shut case I thought - however, they refuse to admit any responsibility hence the money claim. My partner was responsible for purchasing the damp survey and the report is in her name; yet I am the claimant. Does this render my claim invalid as I do not have the contract with the surveyor? The property was a joint purchase however the claim was entered in my name as I filled out the online form which only allows 1 named claimant. The defendant has instructed solicitors who are threatening to claim their fees (£3.5k) if I go to court under, the pretence that my claim is unreasonable due to my partner purchasing the report and not me. I know they are trying to intimidate me but are they correct?
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