Problems with negligent surveyor

[Cardo]

My surveyor, who came highly recommended, also made a number of mistakes. Items mentioned in the report didn't actually exist and there were some things that I later discovered (first boat) that I would have picked up on if I had known more about boats, which you'd think a surveyor would!
It seems to be a common trend.

 

[Richard10002]

Not sure what you mean by "legal proceedings". If the surveyor and his organisation have not provided a satisfactory result after all this time, your only option is legal action - not a threat of legal action, but actual legal action... A summons!

This will force the surveyor to sit up, take notice, and consider how he is going to defend it in front of a judge. He will also have to inform his insurance company, which he may not have done so far.

Until you issue a summons, he can freely do nothing, and ignore you, so I think you have a decision to make - issue a summons, or put it down to experience and get on with life.

Once you have issued a summons he could, of course, continue to ignore you, and turn up at court to defend it. You may, or may not, win.

If he ignores a summons, and doesn't attend court, you will probably get judgement, (but you might not), which gives you options to enforce... If he has any money.

 

[ostell]

What I've done in the past when there has been a dispute is to prepare the claim form for small claims (there are limits) and then send a copy to the defendant saying that the form will be presented to the court if no action from them within a specified time. This had the effect, every time, of getting the other party to make contact.

Get the forms from your nearest County Court office or do it online from here You could use money claim online but you have to pay the fee up front. The courts prefer that the mediation service is used to see if matters can be settled before further action. This may get him to the mediation table.

I had one customer who delayed payment then started using rubber cheques. His last resort was "see you in court". Money Claim online filled in, received by them within a couple of days, a secretary on the doorstep with cash in hand.

You may want to bring the subject up on http://www.legalbeagles.info/forums/forum.php , avery good site for legal advice.

 

[Paddingtonbear]

What I've done in the past when there has been a dispute is to prepare the claim form for small claims (there are limits) and then send a copy to the defendant saying that the form will be presented to the court if no action from them within a specified time. This had the effect, every time, of getting the other party to make contact.

Get the forms from your nearest County Court office or do it online from here You could use money claim online but you have to pay the fee up front. The courts prefer that the mediation service is used to see if matters can be settled before further action. This may get him to the mediation table.

I had one customer who delayed payment then started using rubber cheques. His last resort was "see you in court". Money Claim online filled in, received by them within a couple of days, a secretary on the doorstep with cash in hand.

You may want to bring the subject up on http://www.legalbeagles.info/forums/forum.php , avery good site for legal advice.

This is all very well but the claim is far, far beyond anything the Small Claims Court can handle. It currently sits at around £25000 and yet more has recently been discovered.

 

[ostell]

Quite a lot more!! But the principle remains the same. Please do try Legal Beagles.

That surveyor looks as though he is a liability. Is he trading as a limited company or a sole trader? If he has no insurance would he be worth chasing, ie has he some assets?

 

[Talulah]

The claim will have to be lodged with the County Court usually in the area the defendant resides.
Given the size of the claim I can see the legal costs truly escalating. If the surveyor has indemnity insurance the insurance company will expend more effort in denying a high value claim whereas a smaller claim may be settled out of Court.
This is going to be a mine field and as others will tell you there is no guarantee of success irrespective of the evidence. Some on here have witnessed or been victim of truly unbelievable court results that completely destroys ones faith in the judicial system.