Water Leak - Claim refused.

[FrustratedofDorset]

I live in a block of flats and the building is insurance as a block cover.

A few years ago, having moved a chest of drawers in our bedroom, I noticed that the wall and carpet was damp. I removed the carpet and allowed the area to be free of furniture. Over time I noticed that the damp was increasing. I mentioned it to our managing agent who said that damp was not covered by the insurance.

After a while the wallpaper in the bedroom, bathroom and en-suite began to peal. I then noticed that fungus was growing behind the toilet. I called a plumber who checked and said that the toilet was not leaking.

The lino in the en-suite began to discolour from the outside wall inwards and soon it was completely mottled with mould. In frustration, I lifted the lino and discovered that the damp had spread to under the wood that was encasing the pipe work and the wood was rotting. It had also reached the wooden base to the shower unit. The wooden base was now rotting and the shower base was unsafe.

At about this time, the people above were house-hunting and the property was left empty for a few weeks at a time. The dampness became worse and a neighbour noticed that an overflow was trickling. Plumbers were called and we were told that the toilet was fine and not overflowing. Still the pipe trickled and our damp problem worsened. It was apparent that when the property above was occupied the overflow just gently trickled along he pipe and then back into the wall (and into our flat). When it was unoccupied, the flow was greater but not a flood (just more noticeable).

Thankfully after a few more frustrating and damp weeks, a painter and decorator noticed that the pipe was not from the toilet, but from the central heating. A plumber was called and the fault was rectified at last.

We thought that it was all over. Not so.

We were told to get a quote to repair the damage. A company came in and a quotation was sent to the insurer. The quotation only covered the cosmetic work and was agreed immediately by the loss adjuster. We told our managing agent that further work needed to be done to repair the damage and they sent someone out. They came while I was out and my son just showed them the shower cubicle (now held up with a car jack!). Not aware of the problems leading up to the collapse of the cubicle, they said that it was wear and tear and quoted £1800. I argued the point and was told to get other plumbers in. I waited for the damp to dry out completely and obtained 2 quotes. This took a matter of months as the damage was so severe.

The quotes were sent to the insurers who have now refused the claim because they have already settled it. They say that as we did not make the repairs immediately, it has resulted in more damage which I presume they feel is down to us to cover (£3745!)

I feel sickened that we are left with a an en-suite that can't be used, a bedroom that has pealing wallpaper, mould damage and no carpet and a bathroom with pealing wallpaper, blown tiling, swollen flooring and blistering woodwork and paintwork. And all because of a leak that was not our fault!

At no time did anyone from the management company or the loss adjustors inspect the site. If they had at the time of the first submission, they would have seen that further work needed to be carried out.

I am so angry, annoyed, sad and frustrated!!!!!!!!!!! I COULD CRY (and I did this morning when their refusal letter arrived)

Can anyone help me with this please?

Edited June 15, 2009 by FrustratedofDorset

[Guest Old_andrew2018]

Hi

Have you sent a letter of complaint or an appeal against the decision of the insurer, if not I think you should.

My reasons for suggesting the above is firstly you might have some success with an increased offer, if not then with their final response you can escalate your complaint to the FOS.

 

Andy

[FrustratedofDorset]

Hi

 

I have drafted a letter to the managment company but I don't know if I've worded it correctly. To be honest, that's why I've joined this forum - to get some pointers. Sadly, I have not kept records of dates - this damage occurred over a matter of years and I had no idea that it would lead to such a headache (and heartache).

 

This is my letter so far:

 

I refer to your correspondence dated 11 June 2009 regarding our insurance claim. As you are aware, the initial quotation supplied was for just for the redecoration for damaged walls and we were unable to proceed with the work because of the damp that was still in the walls.

 

When the damp had almost cleared, we were ready to proceed but were told that the underlying damage was more extensive – the blown tiling, blistering woodwork, swelling flooring etc. and that the problems that we were experiencing with our shower was because of the damage initially caused by the leak from the upstairs flat. The sum of £680 may cover the cosmetic work that is needed but it does not solve the original problem and it would never have done so.

 

I appreciate that ************** Loss Adjustors may have dealt with the problem in January 2008 but at no time did anyone from that company, or ************* Management, inspect the damage. If they had done so, they would have seen that simply ‘covering up the cracks’ would not be sufficient. The leak from upstairs was in no way our fault and yet we have been left with horrendous damage to our home. Our en-suite can no longer be used and we have ‘lost’ carpets in the hall and main bedroom. I am also fearful that the blown tiles in the bathroom are in danger of falling which would obviously be a disaster to look at, but could also be dangerous and could cause injury.

 

I would be grateful if you would pass this letter on to ********** and ask them to instruct a loss adjustor to visit our property to inspect the total damage that has been the result of the leak from flat 8.

 

We hope that you, and **********, will be able to deal with this matter further and that we will receive the appropriate compensation to enable us to re-instate our home to its previous condition. A copy of this letter will be lodged with our Solicitor, *********.

 

Do you think that I should detail the events leading up to the current day (as I have in the forum) or should I leave that until a later stage?

 

THANK YOU SO MUCH FOR YOUR HELP WITH THIS. IT IS VERY MUCH APPRECIATED.

[Guest Old_andrew2018]

Sorry about my late reply for some reason I missed it, have you sent the letter and what was their response.

 

Andy

[FrustratedofDorset]

Hi

 

I haven't sent it yet as I wasn't sure if it was appropriate. Do you think it's OK?

[LemonTwist]

Yes I think the letter sounds OK. It's probably best if you detail all the events leading up the the present day, to avoid any delays caused by them having to contact you for further information.

[JonCris]

Sorry to be a kill joy but it may be that they will again reject much of your claim arguing that you failed to mitigate the loss. On the other-hand you did seek advice from the managing agents representatives & THEY mislead you into thinking it wasn't serous. My advice is demand, in writing, that they correct matters as you consider it was their employees fault that matters continued for so long & is the reason why your insurer is refusing to accept liability............. this suggestion is in addition to your application to the insurer