I have a Money Claim filed against a damp and timber surveyor who failed to spot rising damp when commissioned to provide a report for a property. After receiving the report I went ahead and purchased the property and as a result have had to pay for costly damp proofing works. Because the report stated "there is no rising damp", I was not aware I would need such works when agreeing a price for the property. Prior to instructing repair works, I invited the surveyor back for a free re-inspection where they confirmed their estimate for remedial action was some £3k short of the mark and that rising damp was present. Open and shut case I thought - however, they refuse to admit any responsibility hence the money claim.
My partner was responsible for purchasing the damp survey and the report is in her name; yet I am the claimant. Does this render my claim invalid as I do not have the contract with the surveyor? The property was a joint purchase however the claim was entered in my name as I filled out the online form which only allows 1 named claimant.
The defendant has instructed solicitors who are threatening to claim their fees (£3.5k) if I go to court under, the pretence that my claim is unreasonable due to my partner purchasing the report and not me. I know they are trying to intimidate me but are they correct?