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Money Claim after negligent Damp Survey


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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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http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part19

 

CPR 19.1

 

19.1

Any number of claimants or defendants may be joined as parties to a claim.

 

Regards

 

Andy

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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).

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CPR 27.14g refers to costs allowed in SCT (g) such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably ...nothing to do with claiming or defending the matter.

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your claim should be from vinyl_junkie21 ex parte (on behalf of) "girlfriend". Get a note from her to say that you are acting on her behalf. The surveyors know all this and are threatening you with hell and damnation in the hope that you take fright. They will not get their solicitors costs back unless your claim is vexatious. If it was the case then the surveyor's solicitors would be asking for a case management hearing to have your complaint thrown out. I dont think that the surveyors really have much of a chance of that otherwise they would have done so rather than make noises to put you off.

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your claim should be from vinyl_junkie21 ex parte (on behalf of) "girlfriend". Get a note from her to say that you are acting on her behalf. The surveyors know all this and are threatening you with hell and damnation in the hope that you take fright. They will not get their solicitors costs back unless your claim is vexatious. If it was the case then the surveyor's solicitors would be asking for a case management hearing to have your complaint thrown out. I dont think that the surveyors really have much of a chance of that otherwise they would have done so rather than make noises to put you off.

 

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.

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