TEESSIDE SCAFFOLDER
Well-known member
A scaffolder damaged my roof and now I'm £1,000 out of pocket because he won't pay the excess
I'm through the roof after botched chimney job
A scaffolder damaged my roof and now I'm £1,000 out of pocket because he won't pay the excess
The Guardian, Friday 14 December 2012 23.00 GMT
A scaffolding contractor did some work on my house chimney, and damaged the roof. After a struggle, I got the details of his insurers, Brit Insurance. On receiving details, Brit admitted liability and sent a cheque for part of the claim. The amount was less the contractor's excess of £1,000. The contractor was expected to pay us the first £1,000, it said. We repeatedly rang and wrote to Brit, telling them the contractor was not paying us the £1,000, but Brit said it was not their concern. We would need to pursue a claim against him.
I then asked my home insurer, NFU, with whom I have legal expenses cover to pursue a claim against him.
NFU carried out an investigation which found that, as the scaffolder was not a limited company, nor owned his house, he did not have "sufficient means" for them to pursue a claim against him. Thus they will do nothing.
I phoned the Financial Services Authority, which said it could do nothing because we are not clients of Brit, just claiming against them.
I am amazed that an insurance company can do this, and that I have no redress other than suing the original offender. As for the scaffolder, he was incredibly aggressive and difficult to deal with, so I have no confidence of getting him into court or to see reason. PW, Ivybridge, Devon
We get lots of letters about terrible treatment at the hands of insurance companies. However, on this occasion, we have some sympathy for the insurers. Brit Insurance has paid up as per the terms of the policy taken out by the scaffolder, and is blameless here. The fact he won't pay the £1,000 excess is not the company's fault. Equally, we can see why your home insurer doesn't want to take him to court to recover your loss, as it seems very unlikely that any money will be forthcoming – particularly as he doesn't own his home. You may wonder what the point of legal expenses cover is, but it is hard to enforce small claims court judgments against individuals who don't want to pay. If you paid for any of the work over £100 using a credit card, you might be able to argue that the card provider was jointly liable.
It seems unfair, but there's little you can do. Had you looked at the contractor's insurance prior to the work commencing, you would have seen that his policy carried a £1,000 excess. You could have decided whether to carry on armed with that knowledge. Everything is easy in hindsight, of course.
We welcome letters but cannot answer individually. Email us at consumer.champions@guardian.co.uk or write to Bachelor & Brignall, Money, the Guardian, 90 York Way, London N1 9GU. Please include a daytime phone number
I'm through the roof after botched chimney job
A scaffolder damaged my roof and now I'm £1,000 out of pocket because he won't pay the excess
The Guardian, Friday 14 December 2012 23.00 GMT
A scaffolding contractor did some work on my house chimney, and damaged the roof. After a struggle, I got the details of his insurers, Brit Insurance. On receiving details, Brit admitted liability and sent a cheque for part of the claim. The amount was less the contractor's excess of £1,000. The contractor was expected to pay us the first £1,000, it said. We repeatedly rang and wrote to Brit, telling them the contractor was not paying us the £1,000, but Brit said it was not their concern. We would need to pursue a claim against him.
I then asked my home insurer, NFU, with whom I have legal expenses cover to pursue a claim against him.
NFU carried out an investigation which found that, as the scaffolder was not a limited company, nor owned his house, he did not have "sufficient means" for them to pursue a claim against him. Thus they will do nothing.
I phoned the Financial Services Authority, which said it could do nothing because we are not clients of Brit, just claiming against them.
I am amazed that an insurance company can do this, and that I have no redress other than suing the original offender. As for the scaffolder, he was incredibly aggressive and difficult to deal with, so I have no confidence of getting him into court or to see reason. PW, Ivybridge, Devon
We get lots of letters about terrible treatment at the hands of insurance companies. However, on this occasion, we have some sympathy for the insurers. Brit Insurance has paid up as per the terms of the policy taken out by the scaffolder, and is blameless here. The fact he won't pay the £1,000 excess is not the company's fault. Equally, we can see why your home insurer doesn't want to take him to court to recover your loss, as it seems very unlikely that any money will be forthcoming – particularly as he doesn't own his home. You may wonder what the point of legal expenses cover is, but it is hard to enforce small claims court judgments against individuals who don't want to pay. If you paid for any of the work over £100 using a credit card, you might be able to argue that the card provider was jointly liable.
It seems unfair, but there's little you can do. Had you looked at the contractor's insurance prior to the work commencing, you would have seen that his policy carried a £1,000 excess. You could have decided whether to carry on armed with that knowledge. Everything is easy in hindsight, of course.
We welcome letters but cannot answer individually. Email us at consumer.champions@guardian.co.uk or write to Bachelor & Brignall, Money, the Guardian, 90 York Way, London N1 9GU. Please include a daytime phone number
