Hi
I'm at a total loss as to what to do with regards to a few companies being negligent and in breech of contract. I'll give a brief run down of the issues, the solutions I've tried and I'd really love some advice I'm so frustrated and upset by this, apologise for it being so long first of all.
2003- our local council ran an initiative to install cavity wall and loft insulation to properties in certain areas, they came out and fitted this, it was the insulation which involved drilling holes in the wall and pumping insulation in (foam I presume). The loft insulation was one layer laid over the beams
(not down the gaps in the beams).
2003-2012 persistent problems with rising damp and a damp smell in the house.
May 2012 - Rust coloured dust found in cupboard - survey revealed a dry rot outbreak in the front and party wall of the property. Personal property was damaged due to the damp levels. The outbreak required new flooring and joists to be fitted and underlay had to be replaced as it had disintegrated from the moisture levels. A damp proof course was also installed in one room as paper was peeling away. The survey of the property revealed the damp levels were caused by inadequate sub floor ventilation due to a blocked air brick, the report stated this was blocked by debris and/or insulation when the cavity wall insulation was installed. The report also stated the outbreak appeared to be concentrated at the party wall and had spread from this point. It is worth noting a few months previous to the discovery of the outbreak the neighbouring property had a similar outbreak which appeared to be caused by the same issue with inadequate ventilation. Their outbreak extended to the aforementioned party wall. I understand from research when dry rot is found preventative action must be taken extending 1 meter from the last point of the outbreak, which would bring it into our property however we were never informed. The houses share timbers in the region of the party wall and it is therefore proposed the rot passed through these timbers into our property. The neighbouring property successfully claimed some of the costs for treatment back despite having no report stating the cause of the outbreak, they had insulation fitted at the same time by the same company presumably to the same standard.
May 2012 to Now - I first spoke to CIGA the cavity wall guarantee company who advised I needed to give the company who installed the insulation a chance to rectify the problem, I called said company and after 3 months managed to get someone to come down. He advised me to write I wanted to make a claim and outline my reasons for this and he left without checking anything. I then heard from a loss adjuster appointed by him, I detailed what had happened, sent copies of the report from the surveyor and pictures (though the surveyor took none of the blocked air brick unfortunately).
They wrote back that the report doesn't state if the air brick was blocked due to insulation or rubble/debris given the age (110 years) of the property. It is my impression when fitting insulation the cavity should be cleared of any debris as this creates a bridge between the two walls therefore what it was blocked with is irrelevant, they admit it was blocked and the insulation company are negligent for not clearing the cavity.
They also state that the outbreak in the neighbouring property was concentrated in another region of the house and did not extend to the party wall, luckily I have paperwork and surveys from their property which I was kindly given by the neighbour which show (from two different companies) that the outbreak did extend to the party wall.
Another point they make is that by the time I reported the claim the dry rot works had been completed. This is due to negligence from the dry rot company who, though they informed me of the cause, did not provide a written report until 7 months after the outbreak. I did inform the cavity wall company at the time however they refused to listen to me, answer my calls or come to my house (they don't have an office so I couldn't go to them) until I had a written report. The loss adjuster claims I did not afford them the opportunity to inspect the property which prejudices their position. As mentioned they wouldn't attend until I had a written report, by this time the work had been carried out, as you can appreciate with dry rot the outbreak spreads rapidly therefore it was imperative we acted ASAP to prevent further spread.
The final point they raise is that the insertion of insulation does not in itself cause high levels of dampness and they believe there is not a link between 'unproven blockages' and the outbreak. They go on to say no proof has been provided that the air brick was blocked solely as a result of negligent insertion of cavity wall insulation. They then basically say they won't pay out, we are at present nearly £5,000 out of pocket and we still have potentially faulty insulation.
So I spoke to CIGA again who ignored me and informed me to put my claim in writing which I am composing at present. I spoke to consumer advice who informed me I could speak to a financial ombudsman or take them to small claims court. The former I tried and was advised because I did not appoint the loss adjusters I could not claim against them. They did tell me I could use their service if I had issue with my own insurance company but the damage was not covered in the policy as they don't cover gradual problems only those by say a burst pipe, as the damp levels rose over a period of time we were not covered. I then tried citizens advice and was informed they didn't deal with that kind of claim. I spoke to community legal advice who advised speaking to Shelter or to the CAB, I rang shelter who cant help as it is a private property however they suggested since the council appointed the cavity wall company to speak to the local councillor and they might be able to help. I've done that today I'm waiting on a call back but don't expect a lot.
I'd like to know where I stand with these companies, if anyone knows if trading standards can assist they are my last hope. I don't fully understand how the company paid out without proof on the neighbouring property but won't for my case which has a surveyors report proving negligence. I also don't think we should be hugely out of pocket for something that was not our fault. I'm not sure I can go against the loss adjusters, if anyone knows I'd be very grateful. I just want to replace my damaged items and get the costs back for the work but I feel like I'm fighting a sea of resistance and I've got no idea where to go from here.
I'm at a total loss as to what to do with regards to a few companies being negligent and in breech of contract. I'll give a brief run down of the issues, the solutions I've tried and I'd really love some advice I'm so frustrated and upset by this, apologise for it being so long first of all.
2003- our local council ran an initiative to install cavity wall and loft insulation to properties in certain areas, they came out and fitted this, it was the insulation which involved drilling holes in the wall and pumping insulation in (foam I presume). The loft insulation was one layer laid over the beams
(not down the gaps in the beams).
2003-2012 persistent problems with rising damp and a damp smell in the house.
May 2012 - Rust coloured dust found in cupboard - survey revealed a dry rot outbreak in the front and party wall of the property. Personal property was damaged due to the damp levels. The outbreak required new flooring and joists to be fitted and underlay had to be replaced as it had disintegrated from the moisture levels. A damp proof course was also installed in one room as paper was peeling away. The survey of the property revealed the damp levels were caused by inadequate sub floor ventilation due to a blocked air brick, the report stated this was blocked by debris and/or insulation when the cavity wall insulation was installed. The report also stated the outbreak appeared to be concentrated at the party wall and had spread from this point. It is worth noting a few months previous to the discovery of the outbreak the neighbouring property had a similar outbreak which appeared to be caused by the same issue with inadequate ventilation. Their outbreak extended to the aforementioned party wall. I understand from research when dry rot is found preventative action must be taken extending 1 meter from the last point of the outbreak, which would bring it into our property however we were never informed. The houses share timbers in the region of the party wall and it is therefore proposed the rot passed through these timbers into our property. The neighbouring property successfully claimed some of the costs for treatment back despite having no report stating the cause of the outbreak, they had insulation fitted at the same time by the same company presumably to the same standard.
May 2012 to Now - I first spoke to CIGA the cavity wall guarantee company who advised I needed to give the company who installed the insulation a chance to rectify the problem, I called said company and after 3 months managed to get someone to come down. He advised me to write I wanted to make a claim and outline my reasons for this and he left without checking anything. I then heard from a loss adjuster appointed by him, I detailed what had happened, sent copies of the report from the surveyor and pictures (though the surveyor took none of the blocked air brick unfortunately).
They wrote back that the report doesn't state if the air brick was blocked due to insulation or rubble/debris given the age (110 years) of the property. It is my impression when fitting insulation the cavity should be cleared of any debris as this creates a bridge between the two walls therefore what it was blocked with is irrelevant, they admit it was blocked and the insulation company are negligent for not clearing the cavity.
They also state that the outbreak in the neighbouring property was concentrated in another region of the house and did not extend to the party wall, luckily I have paperwork and surveys from their property which I was kindly given by the neighbour which show (from two different companies) that the outbreak did extend to the party wall.
Another point they make is that by the time I reported the claim the dry rot works had been completed. This is due to negligence from the dry rot company who, though they informed me of the cause, did not provide a written report until 7 months after the outbreak. I did inform the cavity wall company at the time however they refused to listen to me, answer my calls or come to my house (they don't have an office so I couldn't go to them) until I had a written report. The loss adjuster claims I did not afford them the opportunity to inspect the property which prejudices their position. As mentioned they wouldn't attend until I had a written report, by this time the work had been carried out, as you can appreciate with dry rot the outbreak spreads rapidly therefore it was imperative we acted ASAP to prevent further spread.
The final point they raise is that the insertion of insulation does not in itself cause high levels of dampness and they believe there is not a link between 'unproven blockages' and the outbreak. They go on to say no proof has been provided that the air brick was blocked solely as a result of negligent insertion of cavity wall insulation. They then basically say they won't pay out, we are at present nearly £5,000 out of pocket and we still have potentially faulty insulation.
So I spoke to CIGA again who ignored me and informed me to put my claim in writing which I am composing at present. I spoke to consumer advice who informed me I could speak to a financial ombudsman or take them to small claims court. The former I tried and was advised because I did not appoint the loss adjusters I could not claim against them. They did tell me I could use their service if I had issue with my own insurance company but the damage was not covered in the policy as they don't cover gradual problems only those by say a burst pipe, as the damp levels rose over a period of time we were not covered. I then tried citizens advice and was informed they didn't deal with that kind of claim. I spoke to community legal advice who advised speaking to Shelter or to the CAB, I rang shelter who cant help as it is a private property however they suggested since the council appointed the cavity wall company to speak to the local councillor and they might be able to help. I've done that today I'm waiting on a call back but don't expect a lot.
I'd like to know where I stand with these companies, if anyone knows if trading standards can assist they are my last hope. I don't fully understand how the company paid out without proof on the neighbouring property but won't for my case which has a surveyors report proving negligence. I also don't think we should be hugely out of pocket for something that was not our fault. I'm not sure I can go against the loss adjusters, if anyone knows I'd be very grateful. I just want to replace my damaged items and get the costs back for the work but I feel like I'm fighting a sea of resistance and I've got no idea where to go from here.