gavin174
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| posted on 3/9/11 at 09:19 PM |
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please forgive me....
I have been sitting here relieving the stress with a few beers......
but just had a thought.
didnt the Queen have a similar thing when Windsor caught fire
do you think if go on national TV and explain my plight people will agree to a tax increase to pay for it.
I will shut up now!!!!
http://www.essexkitcarclub.com
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Theshed
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| posted on 3/9/11 at 09:43 PM |
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Sorry to hear of your woes you must be worried sick, I am afraid to say that the question of whether the Housing association had buildings insurance
is a red herring. When a person has insurance and makes a claim the insurer can step into their shoes and sue anybody who caused the claim to be made
- the fancy word is "subrogation" - don't try that after a beer!
Nobody can be sued for a pure "accident" but an accident is something that taking reasonable precautions could not have prevented. If
reasonable precautions are not taken then this is "negligence". If your wife fell asleep when you were out of the house then I very much
doubt whether you could be said to be negligent. On the other hand I am afraid that your wife may be in some difficulty. Falling asleep with a ciggy
gets close to negligence. Failing to ensure a ciggy is out...not much better. As said above the fire report is an important document. You are not
responsible for your wife unless some clause in your tenancy agreement says so.
If ever there was a case where you need professional advice this is it (you may discern some vested interest - but ignore that). The ideal letter in
these circumstances is probably along the lines of - "We do not have a pot to wee in so sod off" - on headed notepaper that sounds so
much better! Most Solicitors will give you 30mins for £75.00 - a bargain!!
Best of luck
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snakebelly
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| posted on 4/9/11 at 06:39 AM |
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so it would appear that the HA definately had building cover via AVIVA and have claimed and likely been paid out already as well.
AVIVA by the looks of it have appointed the loss adjuster to try and get some of their money back from you, definate trip to CAB on monday morning.
In some ways the amount they are claiming from you works in your favour. If they wanted £5k i think it likely they may hound you for it, the fact its
£60k and you dont have it may, upon receipt of a nicely worded CAB or solicitors letter make them rethink their chances of getting their money and i
suspect they may well decide that as you dont own property they would be throwing good money after bad in trying to persue you for it.
Good Luck
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cliftyhanger
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| posted on 4/9/11 at 07:04 AM |
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Yep, the insurers are after the money they have paid out to the HA.
All seems rather nasty on their part. I can't see the reasoning unless it was arson or deliberate, which I guess is the same thing.
I would get that legal advice, and also let the HA know that aviva are harassing you. They may well be unaware.
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Ninehigh
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| posted on 4/9/11 at 07:46 AM |
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quote:
Originally posted by gavin174
I should add we have at no point had any contact from the h/association to say we have to pay for the repairs..
this has come from a chartered loss adjuster. (who has spelt our surname wrong on the letter)
Done.
It's not you.
End.
I mean it, people with complicated (to us) names like Sirjit Mahasapenapapapetalon get away with it all the time
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Andi
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| posted on 4/9/11 at 10:45 AM |
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I am a City Council Housing Duty Officer and have rehoused 6 families in the past through fire, mostly due to the bloke having a drink and leaving the
chip pan on or the womans bath time tea candles falling over. All of which could have been prevented
....BUT we have never billed them for it. We would if for example they trashed the doors and window deliberately etc.
Sounds like the "loss adjusters" are trying it on. After all the HA had insurance and it paid out... Thats what its for.
Andi
ps hope you get sorted
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Neville Jones
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| posted on 4/9/11 at 06:03 PM |
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The loss adjuster is a private company, employed by AVIVA to minimise payout, and operate on a (healthy %) commission if they can recover the
insurance co's payup. They're fishing for info, to try and ascertain what insurance you had, and to what level. DOn't tell them a
thing, even about the contents insurance. A judge is the only one who can order you to give the info.
I've been through this, albeit many years ago.
The misspelling will be overlooked in court, although the judge may give the adjusters a telling off for inaccuracy.
Tell the adjusters that you had no insurance on the building(but don't tell lies  ), and living in a housing asscn house you quite obviously
have no assets. Also check your tenancy agreement as others have pointed out, and if no requirement is in writing for you to cover their building,
then they can go jump.
CAB is the place for good quick free advice, as so many have put.
Cheers,
Nev.
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