Cunningham Lindsay & Lloyds TSB

[pasty hunter]

Hello

 

First time to one of these forums

 

Cunningham Lindsey are in my opinion a bunch of cowboys.

 

We were unfortunate to have a flood in May 2009, they did their usual using Rainbow to dry the property out, their own builders Rok to bodge the work, we were unhappy with the work, the laminate which had only been down for two months was only partly lifted leaving the rest down on water, a new flooring company were instructed and it was them who noticed the wet floor Rainbow were called back to dry our property properly 9 months later 2 inch file of correspondence having to constantly chase Cunningham Lindsey we hopefully will soon have our floor back, I would like to sue them for negligence but do not know how to quantify damages, both my husband and I over this time have been to the Doctors due to stress caused by this carry on, my children have been walking on freezing concrete it ruined our Christmas, Cunningham Lindsey have lied about contacting people when they have done nothing. Can someone tell me where I should start. I am in the fortunate position of having some knowledge of suing people in the small claims of the county court is this where I should start?

[Yorkyclaims]

There are 2 ways of dealing with this. Firstly is through the FSA and the ombudsman. Secondly is through the court. However, as you are claiming stress - i.e. an injury (presuming you live in Eng / Wales) you would expect your claim to be over £1000. This means you have to issue through the fast / multi track, then you would preferrably need solicitors.

 

however, I would initially, under the DPA, ask for the file Cunningham Lindsay have on you.

[pasty hunter]

Thanks for that, didnt think about the data protection act, we've been trying to get stuff off them but are getting nowhere

 

Also, we didn't think of stress being an injury either. If this is the case, does this come under personal injury, in which case, we may be able to get a no win no fee PI solicitor.

[MicheleFloyd]

Thanks for that, didnt think about the data protection act, we've been trying to get stuff off them but are getting nowhere

 

Also, we didn't think of stress being an injury either. If this is the case, does this come under personal injury, in which case, we may be able to get a no win no fee PI solicitor.

 

I am sorry to hear that the handling of your claim has been such a headache to you. The one thing I can say is that do not mistake incompetence with malice. There could be a number of reasons why your claim has not proceeded with due speed. Telephone tomorrow and ask for the procedure to make a formal complaint from the first person who answers the telephone. Follow the procedure and make a request for compensation (due to the stress and inconvenience you have suffered) in your letter.

 

Forgive me for asking but why have you given CL so long to handle this? Have you tried complaining to your insurer about lack of service?

[pasty hunter]

Thanks very much for taking the time to respond. I don't believe C&L are being malicious but do believe they are incompetent. Unfortunately the case has not settled, but we are now dealing solely with our Insurers as we have lost all confidence in C&L, can I still deal with their complaints procedure even though the file is not complete? I have difficulty in measuring a quantum of damages, any law I can find would be helpful.

 

There is no problem in asking why we have given CL so long, and to be honest it is a very good question, why did we give them so long, we have no idea, we just kept plugging away in the hope of having it resolved, only recently the stress has become so much that we couldn't deal with it and Lloyds are now dealing with it on our behalf. We also have never in the 20 plus years had to claim and were unaware that we could go back to Lloyds. Only in the last 2-3 weeks we have involved Lloyds, wish we had done it sooner. It was only due to the fact that CL's builders had done a poor job on patching the floor that we found out how badly the whole claim had been managed. We also have our own business to run which is open 7 days a week for some 12 to 14 hour days from April to October (we are still open through the winter on shorter days) bearing in mind the initial flood was in May, we also have two small children to look after.

[MicheleFloyd]

Thanks very much for taking the time to respond. I don't believe C&L are being malicious but do believe they are incompetent. Unfortunately the case has not settled, but we are now dealing solely with our Insurers as we have lost all confidence in C&L, can I still deal with their complaints procedure even though the file is not complete? I have difficulty in measuring a quantum of damages, any law I can find would be helpful.

 

There is no problem in asking why we have given CL so long, and to be honest it is a very good question, why did we give them so long, we have no idea, we just kept plugging away in the hope of having it resolved, only recently the stress has become so much that we couldn't deal with it and Lloyds are now dealing with it on our behalf. We also have never in the 20 plus years had to claim and were unaware that we could go back to Lloyds. Only in the last 2-3 weeks we have involved Lloyds, wish we had done it sooner. It was only due to the fact that CL's builders had done a poor job on patching the floor that we found out how badly the whole claim had been managed. We also have our own business to run which is open 7 days a week for some 12 to 14 hour days from April to October (we are still open through the winter on shorter days) bearing in mind the initial flood was in May, we also have two small children to look after.

 

As I understand it, you never had to vacate your property so do not expect too much in the way of compensation. If I were handling your claim I would offer no more than £50 initially and set my maximum at £75 for stress, but I throw that figure out there without knowing ANY real details of your claim. Secondly, I am not a solicitor by any means, but I would not bother with taking your case to small claims court, unless the insurer rejected your claim or you incurred uncompensated, significant financial loss.

 

Do you have a designated contact person for your claim? Are they responsive to your plight?

[simon says]

Hi, yes i do belive you do have a case, before you think about a pi claim i would first complain to the ombudsman. I would be happy to provide further details of the working ethics of cunningham lindsey as an ex employee, but not on a public forum...

 

please issue me a contact email address where we can talk further.

 

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