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Warrantee on new extension and flat roof

Discussion in 'Building' started by panlondon, 28 Jan 2021.

  1. johnny2007

    johnny2007

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    Technically true, but judges won't be very impressed with someone who started court proceedings without telling the other party.
    Mediation is usually a waste of time.
     
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  3. ^woody^

    ^woody^

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    "The builder was a nasty bloke who made a right mess for the whole time he was at my home and upset my family with his attitude. We were glad when he finished, and hoped we would not see him again, your honour"
     
  4. denso13

    denso13

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    "That's immaterial, your roof is leaking and I've seen your photo therefore I find for the claimant. Case closed"
     
  5. johnny2007

    johnny2007

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    Still needs to show that there's been attempts to contact the roofer asking to remedy the faulty roof.
    And that he's been warned of impending court proceedings.
    Said all of this, I feel compelled again to say to the op: check that the roofer company (or the roofer himself, if he didn't use a limited company for the work) has tangible assets.
    As said, a flash car, a lovely house, expensive tools and all accessories are not an indication that they have assets.
    To the contrary, in my experience the more they show off, the least they own.
     
  6. panlondon

    panlondon

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    Thank you everyone. Today i gave him 15 days notice or will go to small claims court. He was dismissive as usual. As he is being so unreasonable and arrogant i have now decided to raise more issues in small claims. There is another smaller leak by the front dormer and the underfloor heating is not working as it should as it has been buried too low in the ground, so can take 4hours to feel some warmth on the tiles. Do you think that i can take separate quotes from all the professionals or i need a house surveyor to give a monetary total? Thank you.
     
  7. johnny2007

    johnny2007

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    First of all I hope you haven't given notice by phone.
    It must be done in writing, following the correct format and addressed at the registered address.
    Maybe I missed it, but does the paperwork mention a limited company?
    If so, you need to find their registered address on companies house website, it's free.
    I'm uploading a typical letter before action that you can use.
    However, before this letter, you must be able to prove that you approached the roofer asking him to repair and he ignored you.
    Unrecorded telephone calls don't count: it's his word against yours.
    If you intend to claim for other defects, you will need to start again.
    To be clear:
    1. You complain to the roofer listing the defects and giving 14 days to repair or compensate you accordingly to the quotes you obtained (you did get the quotes i hope)
    2. After 14 days you write a letter before action (lba)
    3. Day 15 you submit a money claim online (mcol)
    We can guide you through the process all the way.
     

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  9. panlondon

    panlondon

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    Thank you, yes i do have proof of written correspondence, I was aware!. I did mention that i will be raising other issues in my reply to him, but you are right i should also write to him a letter when i know all the issues and then give him a chance to respond again. Do you think i should get individual professionals to give me quotes for fixing the other issues, or would I need a surveyor to give a summary of all issues and prices to rectify? i guess the surveyor may not know the prices! This will be for the judge so not sure what's better, tradesmen or a surveyor! I am thinking tradesmen will be better as will be more realistic. Thanks again.
     
    Last edited: 2 Feb 2021
  10. johnny2007

    johnny2007

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    Again, judges don't do prices.
    You submit a claim with an amount backed up by quotes and they allow it or not.
    Get a roofer to give a quote for the roof failure.
    And any other problem get a quote from the appropriate person (electricity=electrician)
    Sum up everything and then come back here so we devise a letter to your builder.
     
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  11. Notch7

    Notch7

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    From guidance notes from .gov site

    "Before starting a claim, the court expects you and the defendant to take a number of steps to try to settle the dispute. These steps are known as ‘pre-action protocols’ and they involve you and the defendant trying to settle the issue without going to court (for example, you will usually need to send the defendant a letter before making the claim, providing sufficient information about the matter to allow them to understand your position, and allow them a chance to respond). "

    https://assets.publishing.service.g...hment_data/file/762843/mcol-userguide-eng.pdf
     
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  12. Captain Nemesis

    Captain Nemesis

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    In the USA. Here it's a District Judge in a County Court.
     
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  13. HERTS P&D

    HERTS P&D

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  14. johnny2007

    johnny2007

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    As said
     
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