Dispute with Freeholder to block of flats

[thefenz]

I have suffered an insured peril in my flat and the buildings insurers have made a visit and agreed a claim. The problem is that the freeholder to the building has not metioned any of the leaseholders interests on the buildings policy and the insurers advise that they cannot deal with me any longer until he does authorise them to do so.

 

The insurers have accidentally paid about £4500 (despuite my asking them not to)to the freeholder who is refusing to release the monies (total claim about £7k). Despite repeatedly writing to the freeholder I am getting no joy. The insurers advise they cannot do anything as the policy is held in the freeholders name even though he does not own any of the flats. He should endorse all the freeholders names on the insuarnce policy

 

I issued proceedings against the freeholder and mentioned the following on the POC

 

"Monies owed in respect of an insured peril at ...".

 

The Freeholder has now responded via Solicitors with the following under a Part 18 request.

 

Request

 

Please provide full particulars of alleged monies owed in relation to the above

 

"The insurance claim in respect of an escape of water which the Claimant suffered in his flat from a leaking boiler".

 

Request

 

(a) Please provide date when the boiler leaked

(b) Please provide full particulars of the alleged damage

© Please confirm that the maintenance and responsibility of the boiler ios that of the Claimant

(d) Please provide copy of the Claimants Contents Insurance cover in relation to losses and damage by inter alia escape of water from boiler

(e) Please peovide full particulars as to when it is alleged that the Claiamnt received a sum of £4500 in respect of the insurance claim.

(f) Please provide all documents appertaining to acceptance of liability by the insurance company in respect of the claim.

 

I have no paperwork relating the the claim with insurers as everything has been sent to the freeholder and he is not releasing any documents.

 

The solicitors are trying to intimidate me by this Part 18 request but I do not know how I should respond to this.

 

Any help please

 

Thanks

 

The Fenz

[Ed999]

You have not given enough information. For instance, you have not said what the provisions of your lease are in relation to insurance, nor whether the damage falls within those provisions.

 

You should consult a solicitor for advice as to what the legal effect is of the lease's provisions, in the particular circumstances of your case; and as to what the landlord's legal obligations are in consequence.

 

 

Also, you need to decide whether you are claiming £7,000 or only £4,500. If your claim exceeds £5,000 then your case falls outside the Small Claims track, and legal costs can be awarded against you if you lose the case, so in that event you should consider engaging a solicitor to handle the case for you.

 

Although some leeway will be afforded you by the Court as a litigant in person if you have a claim that genuinely falls within the Small Claims track (i.e. under £5,000), you may forfeit that leeway if the claim does not in fact fall within the Small Claims track.

 

A request under Part 18 is an unusual step to take in a Small Claims case. If you are proceeding on the Small Claim track, the Court might not allow the Defendant to serve such a request on you.

 

If your case is not on the Small Claims track, then the Court might require you to answer such a request. It will depend what details you included in your Particulars of Claim: the Court might decide that you gave too little information in them.

 

If you are unsure, the prudent course of action might be to answer the Request, by giving the details requested and any documents requested that you have. If so, simply answer the questions truthfully: i.e. if you have no documents of the type requested then say so.

 

It would be prudent to consult a solicitor before replying to the Request, because the Defendant may be fishing for a reply that will enable him to have your claim struck out, without his having to go to trial. That is the usual purpose of making such a request.

 

 

You may have made a tactical error in starting a civil action. You should first ask: has a criminal offence been committed?

 

There are criminal offences under the Theft Act 1968 that the freeholder might have committed, given the facts you mention. Have you laid a complaint with the police? They would be able to investigate, and decide what charges, if any, could be brought. If he is convicted, the Court could in some circumstances make a compensation order, requiring him to repay you the amount he received.

 

Whether a criminal offence has been committed is also something which a solicitor could tell you.

 

 

Advice & opinions on this forum are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional if you have any doubts.

[thefenz]

Small Claims Court have advised that I need to respond to the Part 18 request as below:-

 

 

The Freeholder has now responded via Solicitors with the following under a Part 18 request.

 

Request

 

Please provide full particulars of alleged monies owed in relation to the above

 

"The insurance claim in respect of an escape of water which the Claimant suffered in his flat from a leaking boiler".

 

Request

 

(a) Please provide date when the boiler leaked

(b) Please provide full particulars of the alleged damage

© Please confirm that the maintenance and responsibility of the boiler ios that of the Claimant

(d) Please provide copy of the Claimants Contents Insurance cover in relation to losses and damage by inter alia escape of water from boiler

(e) Please peovide full particulars as to when it is alleged that the Claiamnt received a sum of £4500 in respect of the insurance claim.

(f) Please provide all documents appertaining to acceptance of liability by the insurance company in respect of the claim.

 

I have no paperwork relating the the claim with insurers as everything has been sent to the freeholder and he is not releasing any documents. I have served a SAR on the LOss Adjusters.

 

The solicitors are trying to intimidate me by this Part 18 request but I do not know how I should respond to this.

 

Any help please.

 

Thanks

 

thefenz