Damage To Flat Below

[Texman]

I was planning to retire shortly from my warehouse job and I moved into some shared accommodation, which was just meant as a temporary move before I move into a single flat when it comes available. Not long after moving into the shared accommodation I accidentally caused some water damage which then leaked into a room in the flat below.

Some students are sharing below and the water leak I caused damaged some of their property. One student had her MacBook damaged beyond repair as well as some of her furniture. It also damaged an iPad and an electronic keyboard belonging to the other student. She also had some clothes that were ruined. They also had to temporarily move out while the damage to the flat was repaired.

I had tenants insurance but had not relalised it was not valid for shared accommodation and my claim for the damage was denied. The students below had no insurance at all. I do accept that it was my negligence that caused the damage, but the students asked for £5000 for their damaged property, the damage put together could total up to be expensive but I think £5000 may be a bit excessive. They say they have receipts to back it up and will be suing me in the small claims court for the full amount.

If I have to pay for all of this, it could well mess up my retirement plan. I know the students would need to show evidence of their damage, but even if they can, I wondered as they were uninsured, should they be suing me?

[Texman]

Fair points Rockrose, I will discuss it with them and probably make an offer to settle as soon as they provide me a full itemised list of the damaged items. Did your case go through court?

[Neveracrossword]

Texman, if you said you would pay the cost over three years, I'd have the forms in at the small claims court the next day! For various reasons, I know that a lot of the time when people say 'I can't pay that amount', they actually mean 'I'm not willing to pay that amount'. Even if you can't pay the whole lot, a willingness to pay a substantial part of it immediately could make a big difference to the response you'd get.

[Rockrose]

No it wasn't necessary because I had insurance.
My point is why should they wait because of your carelessness - if they are students they will need their electronic equipment for their studies.

[snags]

'Texman, if you said you would pay the cost over three years, I'd have the forms in at the small claims court the next day!'

So would I. You’ve stated you accept that it was your own negligence that caused the damage. As long as their receipts/paperwork are legit/accurate you should pay up. How you do that (loan etc.) is your problem not theirs. It may well ‘mess up your retirement plans’ and that is unfortunate but it is not the students problem.

[Texman]

Neveracrossword, I would not blame you at all, I would do the same myself! I am sure these girls are thinking just we have both said in people who say they can't pay, usually mean they won't pay so they feel going though a court will be a better option.

Good point about a willingness to pay a substantial part of it immediately, I had been thinking of offering to pay £1000 immediately and the remainder in instalments. As they are claiming £5000 though, £1000 might not be considered substantial but it will probably the best I can do.

[THECORBYLOON]

NAC "The court is not the last resort if the offer to pay by instalments is not realistic" which is why I spoke about the refusal reasons being reasonable.

[Neveracrossword]

TCL, the person who caused the damage has suggested paying over 'three or more years' - I don't think there's any chance of the court not entertaining the claim.

[Texman]

snags, yes this is certainly going to mess up my intended retirement plan but I know I have to accept that as I caused this damage. I wasn’t at all suggesting that I would offer to pay over a period of three years, I was only pointing out that that is a scenario the students could have found themselves in. I’m really not sure I could get another loan just at the moment so a down payment and instalments may be the best I can offer.

I have said that I don’t think these girls trust me to keep to paying them in instalments and obviously they do want to be paid back quickly, they are claiming £5000 and both girls have said they feel their best option is to sue me for the full amount, and I guess that if they can substantiate that amount then that is what I will have to pay them.

[douglas9401]

Will we be arriving at the point where money actually changes hands any time soon?

Seems like and awful lot of repetition and getting nowhere going on.

[Texman]

Neveracrossword, I wasn’t at all suggesting that I would offer to pay over a period of three years, sorry if that is how it came across. I was only pointing out that that is a scenario the students could have found themselves in. I was thinking about possibly paying over a year or less if I can, but I can appreciate that a year is still a long time to have to wait.

[bednobs]

lol this question reminds me very much of the bicycle insurance question posted last year that went on and on for many posts

[Texman]

It doesn't look like it douglas 9401. I'm new to this site and I appreciate everyone posting and it was been interesting for me that some discussions have developed with some members.

One thing that seems to be missing from this site is the facility to send personal messages to individual member so that those who are interested can continue their discussions away for the site. If PM's are possible can someone let me know as I can't see it anywhere?

[Mamyalynne]

No personal message section here, but you've had great advice and I wish you all the best.

[hc4361]

Have a good read of this and give the girls a copy. You will probably will liable for the cost of their loss adjuster and that won't be cheap.

https://www.unipol.org.uk/getmedia/65095e20-2b27-44be-aadc-12705b5c5964/EX301.pdf.aspx

Also this is important

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct

Both stress that litigation should be a last resort.

[Texman]

Thank you Mamyalynne, it has all been interesting and helpful.

[hc4361]

Also this is very important in your case:
If you accept you owe all the money, you'll have a CCJ made against you. But if you pay the money within one month of the date of the CCJ, the order won't appear on your credit file.

https://www.citizensadvice.org.uk/Documents/Advice%20factsheets/Debt/d-what-happens-if-you-are-taken-to-court-for-money-you-owe.pdf

You do not want a CCJ - it can affect your credit rating for years.

[Texman]

Very good points hc4361, I will give them a copy and take a good look at it myself. I was advised that if I was ordered by a court to pay in instalments then I would not get a CCJ providing I kept to an arranged payment plan and did not miss any payments. They claimed that was actually their own experience. Maybe not though?

[hc4361]

Staying off the register
Nearly all CCJs go on the register:

Paying within a month The CCJ will be removed from the register if you pay in full within one month of the day of the judgment.
Satisfied vs unsatisfied If you pay the CCJ after this, it stays on the register but it will be recorded as 'satisfied' (see Certificate of satisfaction). If you don't pay it, it's shown as unsatisfied.

https://www.trustonline.org.uk/understand-judgments-fines/ccjs-and-county-courts/ccjs-what-are-they

[Texman]

OK hc4361, thank you for that information, I will take a good read through it all.

[Baldric]

Well over 100 posts and all it's doing is going round and round in circles.