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  • Help

    I'm new to this site and really need some help!!!!

    My neighbour hsa flooded my property on 3 seperate occasions in the last 18months.
    The 1st occasion happened in July 08' she had a new bathroom suite installed by her father who did not connect the waste pipe for the toilet correctly which subsequantly leaked through my ceiling into both my bedroom and bathroom unfortunately this went un-noticed for a week as I had been in hospital this was fixed through an insurance claim at the cost of £8000

    In Feb 09' a flood happened again this time her father installed a dishwasher and did not fit the waste pipe correctly again!! This time the total cost of the repair work came to a total cost of £5000 after my bedroom and kitchen were ruined.

    I came home tonight to discover what I could only describe as a waterfall coming through my ceiling and subsequantly going into the further 2 properties down below me. The water damage was so bad that the ceiling actually caved in in the ground floor. The extent of the damage this time I can only estimate to be over £10000 as the floors as well as ceilings and walls will need to be replaced.

    I am currently in the process of selling the property and as required by scottish law have already purchased my home report at the cost of £600 to myself. I will also now have to take the property off the market until repairs are carried out and this again is going to be at cost to myself.

    I want to know where I stand to make a claim against this woman not only for personal costs lst but also the stress this has caused me. 2 weeks after the 1st flood my father passed away at the age of 57 and I was close to breakdown due to the stress I was under. Not only with the damage but also having to be decanted from my home at such a distressing time.

    WHAT DO I DO??

  • #2
    Re: Help

    Has she got household insurance? You should be able to make a claim against her insurance. Have you spoken to her? Is she willing to pay for your repairs if her insurance doesn't?
    Is no longer here

    Comment


    • #3
      Re: Help

      Yeah my insurance is claiming from her insurance but I want to take it further i.e. court action for the distress and also loss of money due to the home report that will be null and void by the time repairs are finished and I will have to fork out for another one!!!

      Comment


      • #4
        Re: Help

        This might help re court reasonings concerning negligence/nuisance

        http://www.scotcourts.gov.uk/opinions/2009CSOH84.html
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #5
          Re: Help

          Does your neighbour have any money?

          Comment


          • #6
            Re: Help

            Originally posted by ladyindistress View Post
            Yeah my insurance is claiming from her insurance but I want to take it further i.e. court action for the distress and also loss of money due to the home report that will be null and void by the time repairs are finished and I will have to fork out for another one!!!
            This sort of thing would probably be covered by your insurance company under your policy, they could claim it from her insurance I would have thought - it could all be part of the insurance claim, possibly. Does your insurance include legal advice/cover?
            Is no longer here

            Comment


            • #7
              Re: Help

              Well, I don't want to be funny but I think you should tell you're neighbour to stop getting her dad to do the work and employ a proper tradesman.

              Sounds like her dad works for that well known firm called 'Bodgit and Scarper'.

              Comment


              • #8
                Re: Help

                Thanx guys yeah I told her the 1st time to get the plumbing checked out that her dad had done obviously she hasn't my insurance does have legal advice cover on it don't think they will cover the home report though structural engineer visited today and think the whole building may be condemed this time so that will be 7 other people without a home!!!!!!
                To say i'm angry is an under statement

                Comment


                • #9
                  Re: Help

                  Have you actually asked your insurance company whether they will cover an amount within your claim for consequential loss?

                  I think that would be your first port of call - see if there is anything they can do to help- it may depend on the small print in your policy and it is hard to generalise as to whether they can be of assistance.

                  Worth a try
                  "What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

                  "Always reach for the moon, if you miss you'll end up among the stars"


                  Comment

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