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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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The failure of my neighbour to maintain his property has allowed

Customer Question

The failure of my neighbour to maintain his property has allowed water to come through the party wall and cause damage to my property. I have been unable to claim from my house insurance and have been advised that he is liable to pay for the repairs. He has made a claim to his insurance company ie I claim that he was negligent. However I now discover that he has told them he carried out repairs immediately he was made aware of the problem. This is a lie as he knew 3 months before and refused to do anything. I have sent a letter to his ins co signed by all the residents of the flats in this house confirming the date that we informed him. We all suffered from water coming in but as I am at the bottom I was the only one to have actual damage. If his ins co do not pay what should my next move be?? Thanks
Submitted: 3 years ago.
Category: Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

Have you claimed on your own insurance?
Customer: replied 3 years ago.

Yes I have tried but they say I am not covered

Expert:  UK-Justice replied 3 years ago.
You may need to issue proceedings.

You would do well getting an expert report from a surveyor confirming what the problem is and where it is coming from.

Once you have this you can issue proceedings

You can issue for the cost of putting right, you can do this online at www.moneyclaim.gov.uk - you will have to pay a fee but this will be added to the claim.

However If the claim is contested and you are claiming more than £5000 you will need a solicitor to draft proceedings and present your argument in court.

Less than £5000 and it would be a small claim and you won't need a solicitor.

I hope this helps you.





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Customer: replied 3 years ago.

Thank you very much. I have an expert report from a surveyor. If I make a claim online - does this mean he will have a CCJ against him?

Expert:  UK-Justice replied 3 years ago.
Yes.
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience: Called to the Bar in 2007
UK-Justice and 3 other Law Specialists are ready to help you
Expert:  UK-Justice replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice
Customer: replied 3 years ago.

Yes your answer did help and I am sure I will have to go to the Court to get my repair costs back. The problem is that I am a woman and a pensioner and he is a Nigerian man in his forties. Quite frankly I am scared of him. He has lied to his insurance company and they have turned down my claim for negligence.. I have looked at www.moneyclaim.gov.uk and it seems very complicated!


 


I have paid £33 for your advice is this the full amount as I do not want to be a "member"?

Expert:  UK-Justice replied 3 years ago.
Welcome!
Customer: replied 3 years ago.

I cannot see your answer!!!

Expert:  UK-Justice replied 3 years ago.
Sorry - you need to contact customer services with any billing issues.

I am a mere expert...............





Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.

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