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    • As I recall the only thing you tried telling us was based on a quote that you selectively edited by Lord James of Blackheath. You misrepresented it as a statement of fact when it was actually a question which was laughed at by his peers in the House of Lords.  We told you it was garbage, you asked us to prove it and we did.   Remember?
    • you need to realise that for every person that does come to CAG and register and tell their story...there are poss 10'000 that don't but search the interweb whereby threads that are here pop up relating to like issues they are searching upon.   Most CAG siteteam and many other registered Caggers give advice that bears this in mind and post information which not only informs the starter of a thread upon what to do, but also takes into consideration the readers from the interweb that also read the relevant advice given that might not be brave enough to register and fess up.   to that end, there is very little alternative than to appear to give 'grief' [you deserve it - tough] to a cagger should certain previous advice not have been followed.....yours is a very classic case of such. hey I've found a backdoor CCJ.   to put it bluntly, had you have followed such previous advice, you most certainly would not be in the situation you are in here now.. .so by example, not giving you grief, for future readers...………..   ...never ever move without informing a debt owner of a move of address on any consumer debt that you last used or paid within the last say 7yrs. your credit file is a major key to ascertaining that information.... .but don't just read this advice come to the consumeractiongroup.co.uk website and let us help.   lecture over... what can you do..or more importantly....what can a claimant do now they have a default forthwith judgement against you. well we can't guess.... they might simply ignore it as 1000's of people with CCJ's find out..but it becomes an issue should you wish to say get a mortgage, remortgage or further credit.   i'm not going to enter into any of that here...that's for the reader to start a thread here and seek advice on their individual situation specific to them as you have done....   so...  bearing the all of the above in mind...over to you with regard to this backdoor CCJ.   as for the other debts that you didn't action before...go read your old thread and action what appropriate advice is given there for each type of debt that has been given should you wish to avoid any further backdoor CCJ's.   dx                    
    • hello my very good helpful friend. I am afraid to say that i did not. As i did not realise the relevance of it.   Should i be doing this right now of anyone on my credit file ?   Plz don't give me grief if u have already advised me...   do i do the ccs request now to everybody in that thread ?    
    • aha busted and stupid ...no wonder you've got mixed information here. never trust anything they say ..they have a very bad reputation for stating the truth.   now can you go get your credit file please..   there are cases whereby a council on historic CTAX debts do go for a county court CCJ, but a liability order from a magistrates court has far more clout legally than a county court CCJ and i've never heard of a court sending a bailiff out for 'multiple' CCJ collection.   me thinks he is pulling the wool here a bit and has looked at your credit file and seen CCJ's too so thought he'd chance his arm and use those as further leverage.   don't worry about the sat visit simply ignore do not answer the door if he appears. your task is too gather data at present.   credit file please..        
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delores01

delores Cunningham Lindsay more incompentence

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We are in the process of settling a subsidence case using Zurich Insurers who have appointed Cunningham Lindsey as the loss adjusters.

From the beginning, about 2 years ago, Cunningham Lindsey came and accepted that it was a case of subsidence and then produced a 1st schedule of works that ignored many of the damaged rooms (inc.kitchen) and really only focussed on the replastering and decorations.

 

We got an independent surveyor to look over the schedule which omitted so much damage and had to fight for them to include damage to other rooms, damage to doors, and most importantly damage to the floors (with very marked sloping). All the points we raised have been accepted but only after a lot of arguing our case. In the end we asked for the Insurance co to give us a cash settlement as we have lost faith in Cunningham Lindsey and any of their contractors because they have missed so much obvious damage that we had to argue to get included in the schedule of works.

 

The underwriters have come back and said that they will not agree to a cash settlement as they want to see the subsidence repairs carried out. The problem is that either we accept Cunningham Lindsey to project manage and use their own builders or if we use Cunningham Lindsey and our own builder we may not be covered should any problems arise in the future. Alternatively we could appoint our own project manager but at our own expense and again leave ourselves open to no recourse should any works not be done properly.

 

In effect we are being asked to put our faith in the very co.(CL) who have messed us around and tried to settle the claim by doing as little as possible. This was the same Co. that was used by Zurich in 2008 when we first saw cracks appearing and were told by their loss adjuster that the cracks were due to traffic vibrations, even though he looked in the garden and must have seen an ash tree growing in our small garden. At that time they dismissed a claim for subsidence.Cunningham Lidsey have shown ther incompentence in so many ways that we are not happy to deal with them.

 

Any suggestions as to how to proceed?

Edited by Conniff

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Delores I'm moving your post to a thread of it's own so any help will be directed at you and you can keep us up to date without your post getting lost.

 

I have changed the heading to delores Cunningham Lindsay. If you can suggest something that will catch a searchers eye when they google I will change it to that :)

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Sorry if this is a bit rambling, it's early.. some others should also give some advice soon.It's common place for insurers to use only one loss adjusting firm these days, so asking for another to deal may not be an option, and whilst you have little faith, what they have done is not on, but it's not gross negligence, enough to suggest they should not be involved anymore. Options I can think of, ..You could ask if you can appoint your own engineer/surveyor to oversee the repairs, pick a chartered engineer, then all parties can be safe in their knowledge, C/L can then be involved, but the technical and building issues can be resolved under an independent persons watch. Whilst the fallback may go to the chartered person, you have to realise (and this will also help if you choose your own builder)that if an insurer pays your contractor, regardless of who found them, appointed them, if a payment has gone from insurer direct, a contract is formed and the insurer has a responsibility to make amends. I can understand the underwriters reluctance to not want to offer a cash settlement when under the ABI agreement terms they will be reinsuring your property for future subsidence (and other) risks without knowing if it has been done. Potentially you could strike a deal with the underwriter, where you agree to remove subsidence cover, take a cash settlement, repair, provide a structural engineers report (make sure they state what they want to see in the report to save them asking for more and more once it's been done) and once the report is issued, they will reinstate cover.

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Thanks for your input.Much appreciated! The problem is that we have been told that the the underwriters final decision is that they won't pay a cash settlement. So I'm not sure how much room there is to negotiate about removing subsidence cover etc. This was something they were considering but I think that as the settlement would be quite large they have decided to save as much money as they can by having the work done 'in house'. My argument rests on the fact that CL have been incompetent in drawing up a schedule which would just restore us to where we were before the subsidence and were also negligent(I don't use this word in a legal sense) in that one of the ares flagged up was defective drainage which they came and repaired only for us to find that the works were partial and so we had to insist that they come back and do full repairs. We wouldn't have known about this but for the fact that we got an independent surveyor in again and he looked at what they said they'd done and realised it was partial.Therefore would have been none the wiser but for seeking professional advice.How can we now trust them to do all the repairs that will be neccessary? Especially if by appointing our own builder we will be taking the risk that should anything arise in the future we don't know where we stand. Can we go back to the underwriters and ask them to give us their reasoning in writing? We would be happy to do the repairs and provide any certificates that the underwriters require and/or also find another insurer (terminate our contract with Zurich on receipt of the cash settlement) if that is acceptable. But can we insist that the underwriters look at this option?

Thanks

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I would suggest that you just get your surveyor and CL's experts to discuss the works that need to be done and hopefully gain agreement on the way forward. You are always best to go through the Insurers and the loss adjusters plus contractors they use. This is for the reasons given, that you have comeback on your Insurers, if the works are not done properly or they fail a few years down the line.

 

There was a very similar thread on Moneysavingexpert and I think this is how they progressed matters, which I think worked out. Your surveyor and CL's may even be able to arrange to visit the house together, so they can discuss the works, while looking at the problems the house is suffering from. If you can get the CL surveyor to agree that more work is required, then Zurich will fund whatever is required.


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Thanks for your input. Whilst that could work, in our case the insurance won't pay for any surveyor, so that cost would have to be borne by us. Why should we have to pay in order to get the works done properly,surely part of any contract that we have with the insurance co ? We feel like they are trapping us into using their people , who have by their omissions shown how they are likely to cut corners and try to save as much money as possible by doing the bare minimum. But where to go from here?

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Thanks for your input. Whilst that could work, in our case the insurance won't pay for any surveyor, so that cost would have to be borne by us. Why should we have to pay in order to get the works done properly,surely part of any contract that we have with the insurance co ? We feel like they are trapping us into using their people , who have by their omissions shown how they are likely to cut corners and try to save as much money as possible by doing the bare minimum. But where to go from here?

 

Without you paying for an alternative structural engineers report and being able to prove additional works are required, you are unlikely to get anywhere. If you don't want to do that, then you are stuck with the options advised by the Insurers. But of course you are open to complaining and using the FOS if required. If you went to the FOS, they would want to see evidence from an independent structural engineer/surveyor, that proved your case and of course you would have to pay for such an independent report.


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