THANK YOU to the more than 1000 Canterbury homeowners who trusted us to help you get fair treatment from EQC or your insurer. We believe in people helping people and our practical, down to earth approach over the last nine years has helped more Canterbury homeowners than all the lawyers put together. We’ve copped our share of publicity over the last 9 years. A lot of it motivated by EQC and Insurers to try to stop us in our tracks, but we’ve weathered the storm and never gave up fighting for homeowners.
When I started this business, I envisaged it would go for no more than 3 years and all claims would be settled. Now we are about to start our 10th year and some people are still battling. But I can see there is now light at the end of the tunnel and our reason for existing is coming to an end. I am announcing today that by December 2020, we will hopefully close our doors forever. I’ve set out our next 12 months plan below.
THANK YOU to the Labour Government for your fresh approach to settling Canterbury earthquake claims, starting to pay realistic costs for proper repairs and setting up the Greater Christchurch Claims Resolution Service. These have been game changers for Canterbury homeowners stuck in insurance limbo-land. We are particularly proud that the Government borrowed our name to use, Claims Resolution Service and have emulated parts of our system. This should have been the system from the start, then services like our would not have been necessary. However, the previous Government prioritised reducing repair costs, but as I predicted, that was false economy. If they had fixed homes right the first time we would not see the hundreds of millions being poured into re-repairs. And we would have avoided all the stress Cantabrians have been suffering over such a long time.
THE JOHN CAMPBELL – GRANT CAMERON PROMOTED
CLASS ACTION AGAINST US.
As most of you know I have declared this disgraceful attempt by one of our competitors, Grant Cameron of GCA lawyers, to bring us down an UNMITIGATED FAILURE. Not only does it appears that Grant Cameron lied to the Press that he had 17 clients “ready to go” in September 2018. It also appears that he may have lied to John Campbell, because he repeated the same number of our clients to John on his Sunday program in March 2019. I'm speculating here, but I believe Grant Cameron still only has 17 ex-clients and only 5 owe us money, the rest are hoping for a windfall that’s never coming. If Grant Cameron didn’t lie to John Campbell, that means the hundreds of thousands, possibly millions of dollars TV1 spent on John’s grand investigative expose didn’t attract even one new customer. I suspect Grant Cameron is going to have great difficulty in future getting any media outlet to believe his outlandish claims.
I suspect GCA will now be desperately trying to settle with us, they won't want this farce to go in front of a Judge. We are standing firm. We are happy to run this case until its ultimate conclusion. We won’t be negotiating any settlement that allows any of the few class action clients to get one cent. We will treat them the same as any client that thinks they should not have to pay for the work we did to get their great settlements, we will sue, no exceptions, no matter how long it takes or what it costs. I suggest if anyone thinks they shouldn’t have to pay us, go see Grant Cameron from GCA Lawyers, their allegations against us never change and I'm sure Grant will happily take your money.
THANKS AGAIN FOR YOUR SUPPORT
We have to thank our thousands of loyal families for believing in us and knowing that what GCA, The Press and John Campbell tried to do to us was self-promotion and attack journalism at its worst. We’ve had so many messages of support it was truly comforting. Like this one from one of our valued clients:
I do not know of any business that has a customer satisfaction rating of 99.09%, but according to speculation by Grant Cameron, we do. I thank you all for your support.“Hi Bryan,
Sounds like things have gotten a little crazy over there, keep on top of it as it seems to me it looks like a stupid and ridiculous witch hunt that is unbacked by any real evidence.
Really disappointed with John Campbell as he has fallen for the rubbish or worse, simply gone for some ratings boost thinking he has a sensational story. Lets hope he is good at apologizing!
Anyway, good luck and stay the course with it all”
OUR JOB IS ALMOST DONE
The Government’s Greater Christchurch Claims Resolution Service (GCCRS) and EQC under Renee Walker’s management are making the all the right noises that they are going to settle claims based on actual repairs for homeowners. If they do as they say, it is time for us to bow out gracefully. So, we have decided we will not take on any new clients for the foreseeable future. But we are not going anywhere, we’ll stay around as long as it takes to settle our remaining 100 or so clients and to monitor the performance of the GCCRS, EQC and others remaining in the claim resolution business and to provide free support for those who need it.
WHAT WE WILL BE DOING
WHAT WE WILL NOT BE DOING
OUR FREE REFERAL SERVICE
As most people are unsure if they can trust GCCRS, EQC or their insurer, we are not going to abandon Canterbury. We are going to work diligently for the next 12 months for free, just to make sure everyone does what they promise.
Our FREE referral service will work like this:
NB: We will not accept any fee, commission or kickback of any kind for this free service.
* Terms and conditions apply.
12 December 2019.
Best wishes from all of us to all of you.
Bryan Staples and our entire team.
Our office is now located at 130 Ferry Road, on the cnr of Fitzgerald Ave and Ferry Road, opposite our old offices. The entrance to our parking area is off Fitzgerald Ave, just afterthe traffic lights.
Our office is built from insulated steel shipping containers, come inside and see what it looks like, you won't believe they are containers. What's more the building is earthquake proof, making it safe for
our staff and customers while saving enormous amounts on our insurance premiums
It's now almost 9 years since the big earthquakes hit Christchurch, in that time Earthquake Services Ltd and Claims Resolution Service (2015) Ltd have become New Zealand's largest privately-owned insurance advocacy and litigation funding service, offering our services throughout New Zealand. While our primary focus has been earthquake related claims, we also deal with other types of general litigation funding.
We are not run, or influenced in any way, by insurance companies. We do try to work with them for a fast resolution, but we won't back away from fighting for your full entitlement. We have helped hundreds of Cantabrians and New Zealanders settle their earthquake claims at levels far above their insurer's initial offer. Our 'No Win, No Fee' approach means we do not charge you our fee unless we resolve your claim. Furthermore we fund the entire process from start to finish. So unlike some other resolution services or legal firms you pay nothing until your claim is settled or ended*. There is nothing more soul destroying to have to pay lawyers bills every month year after year trying to get your house claim resolved all the while living in a broken home. Some people are even paying rent for a house to live in and a mortgage on their broken home. We understand your dilemma and that's why you pay us nothing till settlement or your claim has ended.
* Case ended means, the contract has been terminated by either party, the case has been settled or for any other reason that we agree your agreement with us is at an end.
The people who need our help in relation to EQ claims now fall into a variety of categories: Still battling insurers and EQC for repairs, rebuilds and settlements from the quakes
Those battling EQC to have damage that was never scoped or was removed from an earlier scopes by Fletchers or EQC
EQC/EQR or Insurer managed repairs that have failed.
Those who received insufficient cash payments by EQC to repair the damage
Those who believe their Insurer or EQC withheld information from them about the true extent of the damage to their home.
Those who have purchased homes since the quakes with claims against the original policy to find out the insurer will only pay indemnity value.
A newer group are homeowners who bought 'repaired' homes but have since discovered unaddressed damage or failed repairs.
While the deadline under the Limitations Act has theoretically passed for some, for others it is rapidly approaching and homeowners must act quickly. For those for whom it has passed, it may not be too late so contact us. See
below for more information.
Four steps to ensure your full entitlement
We know how stressful the last 9 years have been and we are here to stand between you and EQC or your insurer and interpret double speak to plain language Come and talk to our friendly, helpful team and let us fight for you.
Bryan Staples, CEO and Founder, Earthquake Services
Class Actions: Good for Lawyers, Bad for everyone else
Overall, arguments against class actions as a means to litigate for widespread damages seem to outweigh the arguments for it. Class action lawsuits can be abused by rent-seeking lawyers and don’t necessarily protect the interest of named and unnamed class members. The literature seems to agree that class action lawsuits are primarily serving the interests of class action lawyers rather than the plaintiff class. However, this doesn’t mean class actions should be banned from the legal order. If we can find ways to bypass its flaws, it could prove to become a useful litigation instrument.
If you are still struggling to get a fair settlement offer from EQC or your insurer, or are worried about the quality of repairs done to your home by Fletcher EQR, EQC or an insurer, contact us. Even if you have
accepted a cash offer by EQC but believe it is insufficient - talk to us now. You still have time to put things right. Earthquake claims have become complicated and those with claims fall into a variety of categories
Wrestling with insurers
EQC declared your home overcap and paid out its obligations, but you are unable to agree with your insurer on the extent of the damage and appropriate repairs or a rebuild. As noted above, the deadline for Southern Response Claims is
closing fast and there is no time to delay. Those for whom the deadline has passed still contact us as these deadlines could change in the future as a result of legal action.
Those with EQC home claims fall into the three categories below. Although EQC has not yet declared a deadline this could change, and after 7 years it is really time to get people's homes repaired, so contact us as
soon as possible if you are in any of these situations. 1. Undercap claims: EQC is still insisting that your home can be repaired for less than the EQC cap, despite your belief that there is more damage, or you have evidence to the contrary. Many homes have been inadequately scoped and
significant structural damage missed. 2. Failed Repairs: EQC has admitted that thousands of homes repaired under its Fletcher EQR program were not repaired to an acceptable standard. It likes to blame builders for sub-standard work, but the real problem was more
often dodgy assessments, damage removed from scopes by Fletchers and EQC and the poor repair strategies undertaken by EQC and Fletcher EQR. Trusting homeowners were told, "That crack was there before the quakes," or, "These
leaning walls are within the MBIE guidelines so we don't have to straighten them," or "Poor workmanship caused that hump in the floor". If damage is not assessed properly or repair strategies are inadequate, then no matter how
good the builder, repairs will fail. Don't listen to their double speak, talk to us for a clear understanding of your entitlement. 3. Underpayment: EQC has paid out many claims rather than employ their own contractors to undertake repairs. In some cases, an amount was simply paid into people's bank account without a detailed accounting of repair costs for
damage. However, when homeowners come to repair their property, many have found that the sum they received is not enough.
Some people believe if they signed off their repairs they have no case against EQC, this is not true. It makes no difference to your claim if you have signed off repairs or not, see us urgently if this is your case.
Homeowners who have bought homes assuming that repairs were done to a good standard but have since discovered significant damage that was not repaired, or whose repairs have failed have sometimes been told that if the insurance
claim was not assigned to them at the time of house purchase, they cannot claim. This is incorrect. A claim can be assigned after a sale with the agreement of the previous owner. If you are in this situation and need help, contact
us.
If you are in any of these situations phone us now for a no obligation and cost free Foundation Assessment (FA)
CALL US NOW Ph 03-3778855
If your unit or apartment was earthquake-damaged and shares a wall(s) with another dwelling, it may have been put in the 'too hard' basket for EQC and not passed on to your insurer in a timely manner. Or you may have been forced into an arrangement with insurers where one took the lead and repaired the complex, often to a standard well below what your policy entitled you. If you are not happy with the way things were done or you are not happy with the standard of repairs, you do not have to accept it. Your policy is with your insurer; just because you share common walls you do not have to work as a group. Make sure all your rights and entitlements are being protected. We can deal with your unit as if it were a stand-alone building, or manage the whole claim on behalf of all owners. Do not accept less than what you are entitled.
Not only homes were damaged by the Canterbury earthquakes, but land as well. Almost every section has either dropped, risen or moved sideways and many now have increased flood and liquefaction vulnerability.
Thanks to EQC, New Zealand is the only country in the world where you can insure land. Every house that had insurance at the time of the quakes also had EQC insurance on its land, yet very few homeowners have been paid for that
damage and none we know of have been paid their full entitlement. Few people understand what they are entitled to with a land damage claim; even fewer understand how to assess the damage and cost the remediation. No other
advocacy
service that we know of is taking on these land claims. These are difficult claims to manage and less rewarding than housing or commercial claims. As yet, EQC has avoided a discussion on the implications of this land damage and
no
cases have been tested in court. However, if we can help you to get your full entitlement as a homeowner, we are prepared to help.
Don't delay contacting us about your land claim especially if you have been classified as having increased flood or liquefaction vulnerability.
Like all businesses we have to make a profit to be able to stay in business and continue helping others resolve their claims. Being a litigation funder we take a percentage of your claim at settlement. The amount of percentage is determined by the level of risk, however with most earthquake claims our fee is 20% of the settlement for the building and or land claim. Unlike many other firms and most lawyers we are open and upfront with our fee, so there is no surprise at the end as to what our fee is going to cost you. We do not charge any fee for costs recovered (see below). We will discuss this with you further before you sign up with us. What we do know is that compared with other litigation funders in New Zealand and Australia we are at the lower end of the fee scale.
Unfortunately, EQC and Insurance companies have been able to convince the Courts that words in their policies don't necessarily mean what a lay person interprets them to mean, such as like for like, when new. In other parts of the world and even in New Zealand before the quakes, all an Insurance company or EQC required to determine a payout on a claim was a quote from 2 or sometimes 3 builders. Not anymore. Now we need a congo line of experts all with their hands out to get paid for their opinions. We need ground drilling services, geotechs, foundation experts, cadastral surveyors, building surveyors and consultants, engineers, quantity surveyors and worst of all, we need lawyers.
All these cost money and want to be paid as they do the work. For most homeowners meeting these imposed barriers is cost prohibitive and leaves them unable to fight for full entitlement.
At Earthquake Services, we help to minimise your costs by negotiating special rates from experts for early payments or bulk investigation work. We have also negotiated special rates with our panel of lawyers so they do not
charge our clients any more than the Court will allow to be recovered from the opposing party. This is called 2B costs. We know of no other lawyers in New Zealand currently fighting earthquake claims where they have agreed to
only charge their clients 2B costs.
In New Zealand unlike other western countries, particularly the USA, you are NOT able to recover our fee from your Insurer. We are hoping this will change in the future as the Courts appreciate the enormous cost barrier imposed by Insurers to enable homeowners to challenge their assessments. In the USA costs of litigation funding are a recoverable cost under most of the Insurance policies.
Recovery of your costs incurred along the way to fight for resolution of your claim
While we make every attempt to recover all your costs from the Insurer and EQC, we cannot guarantee this outcome. However, we can say in most cases around 75% of costs are recovered. These are recovered in several
ways.
Costs against EQC usually involves an argument in Court, fortunately to date we have won these arguments and hopefully in the future EQC will do what's right and pay their fair share of costs without fighting over it. We
are sure their lawyers are the only ones benefiting from this litigious behaviour.
Some Insurers like the Government's Southern Response do not want to show costs being paid to homeowners, we believe because it would be too embarrassing for them. So they hide the costs recovered in what they refer to as
a "Global Settlement" which includes the cost of repairing the home and also their share of your cost outlay.
Other Insurers which don't have the same level of political scrutiny may openly declare the costs contribution in the settlement agreement. So they may provide 2 sums in the settlement agreement, (1) remediation settlement
(2) Costs reimbursement.
What's very important for our clients to know is that we do not charge any fee at all on costs recovered, we only charge our fee on the building repair or rebuild number. Where an Insurer states a "Global Settlement" we
rely on the lawyers to advise us of the amount of contribution to costs the Insurer has included in the settlement number so that can be deducted before we charge our fee.
At or shortly after settlement you will get 2 invoices from us, one is for our fee the other is for costs incurred, both invoices become payable after you receive your funds. As you can appreciate we have in some cases
paid costs for several years to get a claim to resolution, so Interest accrues for late payment of either of these invoices.
(1) Look at the value of your property prior to the earthquakes less any mortgage. (net value)
(2) Look at the value of your property after the earthquakes, less any mortgage and take off the cost of repairing and add to it any payment received from EQC or your insurer before coming to us. (pre-settlement value)
(3) After settlement look at the value of your property, less any mortgage and add to it the value of your total settlement including any prior payments by EQC or your insurer, less our fee and cost invoices. This will
give you your current net value).
You will quickly be able to determine the value our service has added to your financial position.
We at Claims Resolution Service Ltd are offering to any Southern Response policy holder to take their case for misleading DRA’s on individually and if you sign up within the next 2 months our commission for funding the action will be ZERO, absolutely FREE of commission. All you will have to pay is the costs incurred and they won’t be due until your case ends*. Yes, that’s right, anyone signing up with us to run this one specific case against Southern Response on or before 23 July 2019 will not be charged any commission. We will be fighting exactly the same issues as GCA Lawyers class action, but you will be in control.
You pay nothing up front and nothing until your case
comes to an end*
If you sign up after the 23 July 2019 we are offering a significantly reduced commission rate of a fixed percentage commission of 10% plus GST of the settlement figure plus costs. So, it’s in your interests to act now and take advantage of the commission FREE period.
The benefits of taking an individual claim against Southern Response.
THIS COMMISSION FREE OFFER IS ONLY OPEN TO THOSE CLIENTS WHO SIGN WITH US IN THE NEXT 2 MONTHS.
THIS OFFER WILL END ON 23 JULY 2019.
Call Cheryl now on 021 701854 or email her directly, cheryl@eqservices.co.nz we can come to you free of charge.
* Case ended means, the contract has been terminated by either party, the case has been settled or for any other reason that we agree your agreement with us is at an end.
If you have any questions about repairing your home or land, or how Earthquake Services operates, email me.