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    • just to be clear, the 'hyper links' are somewhat automatic in the forum software, sometimes we are not a direct party to what issues these are causing users?
    • Thank you for your advice so far, I appreciate it. However, while I don't have a problem with (subjective) reformatting of my posts, adding hyperlinks to keywords, etc., please can you stop editing the content of what I write - in this case, making sure this now potentially appears prominently for anyone searching the purchasing dealer on search engines? It is putting words in my mouth and is just rude. My earlier comments are based on what the dealer told me. Had I known what would have happened, should I have named them, I wouldn't have, as I cannot guarantee the veracity of the claim with my own eyes.    I am aware of the basic intricacies of needing to prove law, and how it works in general, and having to prove loss, etc. The only legal recourse mentioned was if I needed to pay for it myself - and if I need to go that way, I will keep a running update here to help others. I am aware I will have to pay for the repair myself before I go down any legal recourse. There are other aspects of the various acts that can also be explored if it appears they are not following their obligations, other than me paying and claiming back. I am not a lawyer, nor have I needed to understand that the legislation does this depth in the past - hence my asking for assistance here. The only reason I mentioned it in passing is that it is the last resort.   And again, I don't mean to sound ungrateful for the advice given thus far, and appreciate it, and you have already helped. I feel like we have gone straight to level 11.   My current view of this is: It's closer to £9k, having looked at it again today. You may be able to drop £9k at the drop of a hat - but I can't, especially around an already expensive time of the year. And I earn enough to put me in the smaller percentage of the county’s earners. I hated having to type that as it can come across as boasting, but I did it to explain that having that much liquid cash is unrealistic - especially with interest rates what they are. I would have to sell equity, cash out saving etc. This will take time. The only card I have with enough credit limit to cover that much is my company one, which is a no-go. I agree this is taking too long for a simple, albeit expensive fault. It's analogous to fixing a crack in a windscreen. No one would call for an engineer report on that situation to know what the cause and solution was The core driver for me arriving here asking for advice is the additional delay their potential cowboy of an engineering company will introduce. A view reinforced having spoken to them to arrange a date. I am not putting any more exact details or prices at this stage, because I don't want to be any more identified than you already have by changing the thread title. One Google and those with knowledge know exactly who I am, and I don't want to potentially damage relations with the parties on my side by opening a potential can of worms. Law of unintended consequences and all that. In hindsight, I regret naming anyone yet, as this can still realistically be resolved this week. I just wanted to initially come for education and understand my options. Hope for the best, plan for the worst. And to escalate if plan A or B didn't work.   To answer:     I think I have. I phoned them today again, asserting the complaint was raised as a rejection under section 75 and recorded the call. I plan to follow this up tonight in an email with all the magic incantations and keywords I seem to have to include. However, I would still appreciate it being proofread if I could send it to someone via a PM. This is not because I have left any details out, it is just that it will include details around the repair I do not want to put in the public domain at this time, as it may compromise my position.
    • Hobnail please don't take offence . DX covers so many different threads throughout the Forum so tends to be quite short in more ways than one. And while he may have been away from school when public relations were on the curriculum he is right when he said that you do need to understand how these crooks operate to be able to able to beat them in Court. All of us here want our members to win against the parking companies  and the best way is to see how others have handled similar situations. I expect he knows that you may not have looked at many threads on here to give you ideas to better your chances of winning.   You may have heard of the expression "Judge Lottery" on here where some judge comes up with an off the wall decision that virtually no other judge has come up with. So even where you have almost a cast iron case it can all go awry and the way to help circumvent these judges is to have sufficient knowledge and understanding to be able to counter his or her judgement.   I happen to think that no one should lose their case on airport land since the roads  are usually covered by the Road Traffic Act and /or Bye Laws since the land is not relevant land under PoFA. But it is surely better to be over qualified in your knowledge of your case rather than being under prepared. You never know until it is too late when you needed to be over qualified. We all hate it here when one of our members don't win their case so DX in his own sweet way🙂  is just making sure that you have the best possible chance of walking away a winner.   PS I had started to write this before Dx wrote his post just now.  
    • this thread is rather co-incidental to yours - same players same amount.     looks like prac/bw might have looked at credit files to see who also lived there at the time, whom sadly they think be responsible too.   you say like the above thread, EON refunded the £89 earlier as an over payment payment? how strange, and after you moved out now claim its owed.   you are correct in saying you owe nowt, its after you moved out....ruddy fleecers.   as that other thread too, does the PRAC letter state our client EON at the top?        
    • you indicated you had collected stuff from lowells sent your old address? that is what we are interest in?   what is in the vanquis GDPR return (SAR) is pretty much immaterial now as you've not mentioned or referred to any of it in your WS.
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Building Insurance claim - water damage


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Hi Guys

I really do need some help with the situation that I’m in. About 3 weeks ago the upstairs maisonette had a leak from their boiler on their 1st floor (upper of two stories). The couple that occupy are renting through a local estate agent, but as luck would have it we have the number of the owner of the property we have known each other since kids.

The water travelled all the way down to our 1st floor bathroom, then settling on the ground level soaking the boxed in water mains pipe from ground level to first floor. (Now this is not the first time that this has happened). That’s another story!

The damage in the bathroom was considerable, the front bedroom damage is visibly slight, (see notes), the downstairs w/c catastrophic and the hallway moderate.

I have come to a sticky point with the insurers that my bathroom suite (w/c, bath, sink) are all designed to a shell effect including the accessories that are cemented to the existing tiles.

The accessories are consistent with this shell design i.e. (loo-roll holder, large towel, small towel holder, shower tray shelf, sink soap dish, tooth brush holder are all cemented to the tiles. ok still with me!

The building insurance company that insures my property along with every other dwelling in our court, and on the estate can’t find matching floor or wall tiles so have asked us to source alternative tiles (which means that a completely new tiled bathroom will take place (re-plaster etc. etc.).

 

But as i have pointed out the accessories that match the suite will have to be smashed of the existing wall tiles that are going to be removed.

 

I have also been notified that the bathroom will take 7-10 days to complete so they have mentioned alternative accommodation (for me to source a local hotel etc.!)

So i need some advice on the fact that i cannot find matching accessories for the existing bath toilet or sink (shell effect).

 

My only options as i see it is for me to pay for a new bathroom suite with matching accessories. My building insurance company say they will not replace the existing suite because it was not damaged in the incident! Or is this so?

Talk about come at the wrong time in our lives, i don’t drive due to my medical condition and my wife is 7/8 months pregnant but drives. So getting out and about trying to source materials is proving near on difficult, but we know it’s a necessity because of baby on the way.

I really will appreciate any feedback on my situation no matter how small or large, as they say ‘every little helps’!

Kind Regards

 

Whufc77

I say visibly. This situation happened again 18 months ago but we just bit the bullet and put a few cosmetic bits right.

It was when we decided to decorate the front bedroom a whole wall had plaster coming off in chunks; the plaster had blown, so we had to brunt the costs of a plasterer!

Edited by whufc77
fonts description all over document

FACUP FINALISTS 06:D !

abbey- (the last fish to fry!)

lloyds tsb- £2458-lba sent 20/7/06

Barclaycard-£580, request sent 20/7/06

Tesco Finance -awaiting statements, !every little helps! 20/7/06

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  • 2 weeks later...

Tell 'em OK if they won't pay for the bathroom & as it will devalue your property if you don't repair it too it's previous high & matching standard & to comply with their demands you'll have replacement items made to order by an artisan & they can meet the costs of those

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There might be something in your policy wording about matching furniture and decor that limits the cover in this respect. Please have a careful read.

 

I am a little confused. Are you saying that you would be satisfied with replacing the accessories from a high street chain as long as they match the toilet and sink? My opinion is that if your accessories were not custom-made originally, you are not owed custom-made shell motif accessories now. Could you please clarify this?

 

Secondly, you are owed indemnity (or reinstatement) but you must be reasonable. If the bathroom accessories are now out-of-date and no longer available for purchase, then you must accept comparable alternatives. If that personally appalls you, then you should have asked for a specified items cover.

 

This advice is given because you say your own insurer is picking up the initial costs.

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There might be something in your policy wording about matching furniture and decor that limits the cover in this respect. Please have a careful read.

 

I am a little confused. Are you saying that you would be satisfied with replacing the accessories from a high street chain as long as they match the toilet and sink? My opinion is that if your accessories were not custom-made originally, you are not owed custom-made shell motif accessories now. Could you please clarify this?

 

Secondly, you are owed indemnity (or reinstatement) but you must be reasonable. If the bathroom accessories are now out-of-date and no longer available for purchase, then you must accept comparable alternatives. If that personally appalls you, then you should have asked for a specified items cover.

 

This advice is given because you say your own insurer is picking up the initial costs.

 

As I understand it the OP want's their 'matching' bathroom reinstated & as the incident was not of their making they are entitled to have their 'matching' bathroom restored

 

An example would be if a car had a damaged wing the repaint might have to extend over the whole car to ensure it matches & the same applies here

 

Mitigating your loss by accepting a lower quality repair is not mitigating your loss unless you include the loss in house value in your claim Either way they have to restore your home to it's former condition The fact that they are the insurers of both properties is colouring their judgement

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This is probably not going to be a strict case of indemnity. The first party's insurer typically restricts cover for matching sets in their wording, and I'll bet it's because of situations like these. You must remember the claim has to be reasonable.

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This is probably not going to be a strict case of indemnity. The first party's insurer typically restricts cover for matching sets in their wording, and I'll bet it's because of situations like these. You must remember the claim has to be reasonable.

 

But being reasonable cuts both ways

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Jon, I completely appreciate you want to do the best for this consumer, but let's consider this further.

 

If the shell design was purchased off the high street and is now obsolete, the insured has no choice but to choose comparable alternatives. Most household insurance policies attach special wording in these instances. And even if they didn't, the courts won't look at anything that isn't reasonable. Obsolete decor is far from uncommon. If it fits the definition of an antique, it's probably excluded anyway, unless the insured SPECIFICALLY asked for cover.

 

To leave this on a positive note, I would stress again that when I buy an insurance policy, I walk through my whole house and consider what are the most tangible, important things to me. If it were my matching bathroom fixtures, for instance, I'd put that concern in writing to my agent or broker.

 

If it makes you feel better, I put this query to the most senior person I know, and he said the same thing.

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  • 5 years later...

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PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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