01-14-2018, 03:21 AM | #1 |
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Small ltd company with liability insurance- who can claim against it?
Had a real bad experience with landscaping company, they screwed up our garden and in the process ruined our tarmac drive.
I researched the company online and it seems they have valid public liability insurance. They've basically told us to do one and that they will not help rectify any of their shite work. We will seek legal advice for poor workmanship and in the mean time I wondered if we could find out who the insurer is, could we try making a claim for the drive or can that only come from the insured company themself? |
01-14-2018, 03:35 AM | #3 |
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If the company has genuinely ceased trading (not just a name change with companies house) then you have no comeback.
Did you pay upfront? |
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01-14-2018, 04:05 AM | #5 | |
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Well they're still trading just under a different name of the same address but not yet registered as a ltd company. Oh I do hope that's illegal I'll be sure to inform the relevant people if it is. |
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01-14-2018, 04:06 AM | #6 |
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01-14-2018, 04:12 AM | #7 |
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01-14-2018, 04:35 AM | #8 |
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01-14-2018, 04:36 AM | #9 | ||
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What damage to the drive are we talking here? I had a tarmac drive damaged by a wonky bottomed skip digging into it once it was loaded. The fix was really cheap, so not worth the hassle of escalating, but in my case the skip company paid towards the repair as the skip they delivered was not to standard. |
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01-14-2018, 05:08 AM | #11 | |
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01-14-2018, 06:28 AM | #12 |
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01-14-2018, 07:00 AM | #13 |
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It’s not right, dodgy bastards. If it’s not a large area, can you not dig out to the top 1cm of the affected area and have it redone by someone else? Matched in?
I know you shouldn’t have too and I’m not sure you can even do what I’ve suggested but it may not be worth the hassle and the stress. Get a reputable company to see if they can repair, you may be surprised at the cost and it may be fairly cheap to do. I hope you get it sorted👍 |
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01-14-2018, 08:18 AM | #15 |
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01-14-2018, 08:45 AM | #16 |
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I would have thought that the best way to involve the insurance company would be to send a signed-for letter to the landscaping company telling them that you plan to issue a substantial claim against them. I believe that all of these indemnity policies require the policyholder to inform the insurer immediately of anything which may give rise to a claim.
I once had to call a random yellow pages gas fitter. British Gas had come to do their annual service on a boiler they had installed as part of their top level plan. On this occasion, in December, the halfwit decided that there was insufficient ventilation and to seal off the boiler and leave. The random gas fitter came out and knocked out an air brick to increase the ventilation, but in doing so caused a large crack in the wall, which he denied causing. I informed him of my intention to sue. He told me to sod off, but within a couple of days I had a letter from his indemnity insurer who promptly agreed to pay to rectify the problem. Last edited by JD6; 01-14-2018 at 08:51 AM.. |
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01-14-2018, 11:31 AM | #17 |
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You can't just issue a claim to their insurer, as above you can only inform the company of your intention to pursue them. All needs to be in writing firstly giving them a time limit to remedy the issues. You also need to find out if the company you paid has ceased trading and if it has you are on very difficult ground. If they are still trading then a claim through the small claims court is very easy and almost always successful so long as your claim is below the limit for that process.
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01-14-2018, 01:23 PM | #18 |
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Well strong Irish accents and they may not do a good job, if they do anything at all once they have your money!
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01-14-2018, 03:17 PM | #20 | |
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01-14-2018, 03:21 PM | #21 |
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Ok next stage then is to get three quotes for the repair work. Not silly inflated quotes as that may put you out of the limit for Small Claims Court which remains the easiest way for you to get some cash. This assumes of course the company is still trading but you can check that while getting quotes.
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01-15-2018, 06:08 PM | #22 |
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How long ago was this? They must wait 3 months after trading to strike the company off. If it's less than that the company should still be a legal entity and you can raise a claim against them.
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