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Discuss Posting on behalf of Father in-law possible claim? Plumbing leak? any advise? in the Plumbing Jobs | The Job-board area at PlumbersForums.net

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Plymmatt

First off i am posting on behalf of my father in law so sorry for the lack of detail of fittings. Im after any advise, good news or bad.

Back in 2010 my FIL done some work for a customer. Now at the end of 2015 he was informed that said work had started leaking, he was contacted about fixing it but i think he was unable to carryout the remedial work as soon as the customer would have liked. Now the customer has admitted he tried fixing it himself and it has gone wrong. I have since found out my FIL didn't have public liability insurance either :6:


A couple months ago my FIL received a letter through the door from the customers solicitor claiming for damages. My FIL and his friend replied to the letter themselves without the advise of a solicitor, after a few weeks of too-ing and throwing the customer has now stated he is taking my FIL to court.

I would like to know where he stands and who he could see for advise, he has now gone to a solicitor under my advise but the customer still wishes to pursue the claim.

FIL has not admitted liability as it will be general wear and tear besides after client admitted to tampering with it prior to leak. (This is all in writing). Client is trying to claim £135k for a leak which occurred whilst he was away, even claiming to cattery expenses. This to me seems unreasonable in itself.

any advice would be appreciated.

Regards,

Worried SIL
 
The best thing you, and your FiL can do is get on to a solicitor immediately. At the very least go to CAB.

And good luck.
 
What's leaking? After 5 years and an attempt to fix and not getting a look I would be tempted to tell them to jog on. But you need professional legal advice.
 
Thanks already, my FIL has now met with a solicitor but the client is still perusing the claim. (even claiming fuel to and from the cattery!)

I think off the top of my head it is a push fitting? Will try and get 100% what the fitting was.
 
What's leaking? After 5 years and an attempt to fix and not getting a look I would be tempted to tell them to jog on. But you need professional legal advice.

I missed that. 5 years and a diy attempt at it?

Tell them to do one. Most t&c's only guarantee workmanship and fittings for a year.

Was a contract signed? And if so were there terms and conditions on it?
 
If it was only discovered to be leaking 5 years after the job was done, then your father in law should be in the clear. Rarely does anyone get 5 years warranty! That is if there was no warranty given or he didn't say something stupid in letters and admit responsibility (deliberately or accidently).
He must speak to a good solicitor and show all paperwork. Good luck with a getting a decent solicitor as a lot of them are useless IMO.
 
the guys a skint joker and trying it on!!
what happened to his claim for home insurance? have they told him hes not covered?
if he has insurance, they would contact you not him!

if theres a problem with the fitting then tell him to contact the manufacturers, then again-you cant be responsible for a non qualified muppet tampering with your work 5 years on!!

tell the court (if it goes anywhere near there) it hasnt leaked in 5 years, why has it leaked now? because the plonker tampered with it!!
 
My fil hasn't admitted liability and doesn't provide any warrenty. Only warranty would be the parts which would be either expired or the client suing the OEM of the part.

I genuinely don't think they have a case, surely if the client has admitted to messing with it, it should be thrown out of court.

I think he has already claimed on his house insurance, so don't really know what he is trying to gain by wanting to take the matter to court.

i will try and get better information from my fil over the next day or so. It has my wife very worried and anxious so I'm asking for mine and her peace of mind and to give my fil a little bit of advise and support I can.

Thanks again.
 
What sort of background, - job, etc, has the customer, I wonder.
 
Very stressful for you all and that is why you need reassurance from a legal professional now.
House insurance would have tried to find fault and someone to blame.
I doubt the customer has a case if the basic facts are as you say. The customers solicitors can try it on with letters under their clients instructions, but that doesn't mean they are right
 
as above but you will be fine anything over 2 years
 
your FIL has no case to answer,total nonsense,it was 5 years ago,court will laugh at the claimant,tell your Fil and Mrs to chill,even without the claimant admitting to tampering with it no court in the land would go near it,the guys bluffing you ,tell him to jog on
 
your FIL has no case to answer,total nonsense,it was 5 years ago,court will laugh at the claimant,tell your Fil and Mrs to chill,even without the claimant admitting to tampering with it no court in the land would go near it,the guys bluffing you ,tell him to jog on

5 years ago, I would have agreed with you Mark. However, the courts have been pushing out liability periods over the last few years, and whilst I still think you are PROBABLY right, I would not be certain.

As others have said, its time to lawyer up. And try to find one with experience of this type of issue, not just your local general solicitor dealing with conveyancing, divorces and wills. This is a specialist area.
 
I agree with Ray on this. My understanding is that a commercial enterprise therefore a self employed sole trader for example, is liable for claims of faulty workmanship for up to 6 years from completion of services. There is an area of law called Contract and Tort https://en.m.wikipedia.org/wiki/Tort. Worth a read. A smart Arse lawyer could easily use this to try and get damages. This is a civil action in common law not to be confused with criminal law. Unlike criminal law the defendant, your FIL will need to,prove that he carried out the work with due diligence and skill. There is another law that will be encoded called The Chain Of Causation https://en.m.wikipedia.org/wiki/Causation_(law)

Anyway this is a great example of why liability insurance for plumbers is so costly and necessary. Also why I sold the business.
 
I agree with Ray on this. My understanding is that a commercial enterprise therefore a self employed sole trader for example, is liable for claims of faulty workmanship for up to 6 years from completion of services. There is an area of law called Contract and Tort https://en.m.wikipedia.org/wiki/Tort. Worth a read. A smart Arse lawyer could easily use this to try and get damages. This is a civil action in common law not to be confused with criminal law. Unlike criminal law the defendant, your FIL will need to,prove that he carried out the work with due diligence and skill. There is another law that will be encoded called The Chain Of Causation https://en.m.wikipedia.org/wiki/Causation_(law)

Anyway this is a great example of why liability insurance for plumbers is so costly and necessary. Also why I sold the business.

most of that is American law though!
interesting point that if claimant is 50% liable (trying to fix themselves) then case will be dismissed.
 
Don't get sidetracked by the US input, they took the lead from the UK.
 
most of that is American law though!
interesting point that if claimant is 50% liable (trying to fix themselves) then case will be dismissed.

I firmly believe that any liability becomes a moot point as soon as the claimant has had a fiddle to effect a diy repair. ...
 
Just to add and im not sure of this but if he has claimed on his insurance surely he cant claim again against you through.
My reasoning is this.
If customer has claimed on his insurance then he has been recompenced for said issue.
It would be down to the insurance company claim not the customer.
You cant be recompenced twice for same said issue/problem.
Sure thats how a court wouldsee it
 
I firmly believe that any liability becomes a moot point as soon as the claimant has had a fiddle to effect a diy repair. ...

a bit like when you scrape the car on the gate post then attempt to repair it with a sledge hammer prior to putting in a claim?
yeh, seen that done before.lol
 
If the claimant has received legal advice and has decided to proceed with small claims they must be confident that they have at least a more than 50% chance of winning. Don't forget that consumer law changed dramatically in England on the 1st of October 2015. Something all traders would do well to get their heads around. FYI the process for making a claim against an individual, sole trader or ltd company can be found at https://www.citizensadvice.org.uk/consumer/going-to-court/going-to-court/taking-court-action/
 
True so I wonder if this either a spoof, or decimal point in the wrong place £13,500, or this is a really serious damages case.
 
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