You don't need to be an 'investor' to invest in Singletrack: 6 days left: 95% of target - Find out more
As some of you will remember I am locked in a 15 year hundreds of thousand £ battle with Edinburgh council over statutory notice buildings work
They have refused to sort out some minor issues - damage velux flashings and interior damage that is their responsibility to sort out.
I have successfully used the tactic of a letter before action on previous issues and they folded and offered my significant money.
Now its arisen again. There are 2 separate issues
1) interior damage worth around £400
2) velux windows that need new external trims and flashings - around £1500
As a question of tactics do I put these two issues together in a single small claim or do it as two different ones? It won't go to court for sure. Just needs the threat to get some action from them.
The two issues have different sub contractors and different histories being done at different times.
thoughts?
Morning Tj, hope you get some joy with the roof, its been a long-running saga....
Would it be best to chase whoever authorized the work, Ie, the council? Or did you authorize the two contractors directly yourself?
If its the council, then the two go together for me.
What do citizens advice suggest?
Council authorised the work and employed the contractors not me.
The council are telling me I have to get the money for the interior damage from the subbies. I have no contractual relationship with the subbies. That is absolute nonsense from CEC
On the velux windows they are just flatly refusing to repair them properly despite having said they would. Apparently bodges are satisfactory in their eyes ie sticking flashings to slates with mastic
I'd agree with the above, if the council subcontracted the work to 2 contractors, then you'd persue the council as they are ultimately responsible for the work and just make one claim if it's straightforward.
It would then be up to the council to get recompense from the subcontractors, but that's not really your concern.
Its far from straightforward! On the velux windows 4 different contractors have worked on them over 10 years. twice the council have said they would repair them but the repairs are unsatisfactory to say the least
There are other issues as well - some belonging to me only, some to all 15 owners..
I'd probably go for two separate claims, just because getting sign off on lower value claims probably needs less work at their end so will happen quicker. also as it was two separate 'jobs' that caused the damage they can allocate the claims separately and it'll make things quicker that way too.
Is there a solicitor handling the bigger claim? I’d want to be sure that nothing you do jeapordises that (nor any words they come back with give them an escape).
Ok on second thoughts maybe 2 claims would be simpler in light of the additional information.
Presumably you've documented your complaints and the councils agreement to fix, and they are cases of unsatisfactory repairs, and the claims are to cover the cost of having the jobs done again correctly?
Poly - supposedly there is a solicitor working on the overall claim but nothing has happened for two years since I got the notice of intent to sue or whatever it was from them. Thats just a tactic from CEC to ensure everything goes thru a solicitor as they are able to claim that its now legal action. Its to try to put me off by making it expensive.
I have already had the total bill reduced from 2 million to half a million and have told CEC the money is waiting to pay a fair itemised bill once the building warrents and planning permissions are in place.
they are deliberately delaying my case as it sets precedent and are trying to make it as difficult /expensive as they can for me in the hope I give up
don't they know who they are dealing with? Thanks to STW my debating skills are honed to a fine edge 😉
good point tho - I had better speak to my solicitor over this first. last time tho he was useless.
"Ok on second thoughts maybe 2 claims would be simpler in light of the additional information.
Presumably you’ve documented your complaints and the councils agreement to fix, and they are cases of unsatisfactory repairs, and the claims are to cover the cost of having the jobs done again correctly?"
More than a thousand emails, a pile of paper 3 inches thick, thousands of photos and I have written lies from CEC that I can prove are lies.
One letter specifying that you would be making two separate claims seems logical.
I had better speak to my solicitor over this first. last time tho he was useless.
Is there only one solicitor in Scotland?
Cougar - its actually very difficult to find solicitors with the skills required who are willing to take on the council. Two / three firms in Scotand only. the main claim is from 15 parties and the others wanted to use a particular solicitor. My claims is being used as a example for all on the main claim so this way the legal costs ( up to £20 000) are shared 15 ways so really I had to go with the majority view on what solicitors to use. The firm have taken on so many cases that they have not got the staff to push them thru and also one of the building owners who are a large commercial property firm are happy for everything to be delayed.
There is a good chance the whole claim from the council is actually invalid as they used the wrong paperwork.
Our main court case actually rests on the outcome of another on the point above - and CEC are simply dragging their feet over the whole thing - basically the officials responsible are trying to retire before blame is allocated
Fair enough.
Sounds like a mental situation, I don't envy you. Good luck.
You don't know the half of it - its Kafkaesque!
Just read the rest of the replies...
Would paying £1900 or less to fix it yourself avoid raising the issue again at the Cooncil, hoping that the £500k your building may be asked for, quietly sinks below the parapet and is forgotten, mired in paperwork and bad press for the Cooncil's dodgy compulsory roof repair sham?
Nah - Its much better I get the money from them. they ain't gonna forget it although they might well offer to settle