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oliversbar

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Post by oliversbar » Thu Feb 12, 2009 10:26 pm
I have some cash coming shortly, and we were hoping to pay it into our DMP. However, it seems that our roof has a problem of cracked leading which is leading to a leaking roof into our bedroom. We have been told by roofers that the work will be around 1k. However, it never came up on the survey 18 months ago, and we had two surveys done on the property and neither mentioned it. Roofers have said that it should have been picked up by the surveyors(we would have asked for it to be fixed or knock it off the price otherwise). I wouldn't be able to claim it on Buildings insurance, as its wear and tear. I am going to try to get the surveyors to admit they didn't notice it, and pay the costs. Has anyone had similar problems? The surveyors are asking for full quotes and reports on the problem, but is it likely they'll pay out?? I know this is not a direct debt question, but it could reduce mine if I can get someone else to pay.
Also anyone dealt with ASPREA in regard to insurance? The slates are down to weather so we can claim on those.
 
 

David Mond

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Post by David Mond » Fri Feb 13, 2009 6:52 am
Chase the surveyors and indicate that they have been negligent - they might contribute something. However would you have reduced the purchase price when buying the property at that time? If so then maybe you could get the surveyors to cough up the total repairs.
Regards, David Mond, Insolvency Practitioner for over 46 years. Personal Insolvency Practitioner of the year 2012, Personal Insolvency Practitioner of the year finalist 2013 & 2014 awarded by Insolvency & Rescue Magazine and 2015 finalist for Personal Insolvency Firm of the Year.
 
 

kallis3

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Post by kallis3 » Fri Feb 13, 2009 10:26 am
Did you have a full structural survey done? If so, then it should definitely have been picked up and I think the surveyors would be liable.

If it was only the building society one, I'm not so sure. My step-daughter, despite being told to have a full survey, didn't, and the normal one didn't pick up the many problems she has had since.
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Michael Peoples

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Post by Michael Peoples » Fri Feb 13, 2009 10:58 am
I agree with Jan. A valuation for mortgage purposes would not involve a full survey and the valuer would almost certainly have an out. However, if the roof had a problem before you purchased the property and the vendors were aware, you may have an action against them. They would have completed pre contract enquiries and if they failed to inform your solicitor of any structural defect, leak etc this is misrepresentation and they would be liable for any loss you have incurred.

It might be worth speaking to the solicitor who acted for you at the time of the conveyance although it may be tricky to prove that the vendors knew of the problem. Speak to the agent who handled the sale and see if it had ever been discussed at the time.
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oliversbar

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Post by oliversbar » Fri Feb 13, 2009 11:42 am
It's typical. Now some other roofers are saying it's weather damage!! Aaaaarrrrggggh!!!!
 
 

kallis3

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Post by kallis3 » Fri Feb 13, 2009 12:11 pm
My step daughter has had a similar problem. Despite being told to have a full survey, she didn't and since she moved (almost 3 years ago), she has had problem after problem (including woodworm in the floor joists).

The vendors denied all knowledge - you prove that they knew about it!
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
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Michael Peoples

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Post by Michael Peoples » Fri Feb 13, 2009 12:28 pm
Contact your own insurance company immediately and see if they will sort out the mess. Given it is not a huge sum of money they may not send a loss adjuster and just take the estimates from the roofer as proof.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
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