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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My house has been damaged ( water ingress ) by builders removing

Customer Question

My house has been damaged ( water ingress ) by builders removing the roof of the house next door, roof removed July 2012, no party wall notification, had survey Dec 2012, spent 5ooo pounds on solicitor, told I would win but double the cost to get to court with slim chance of seeing any mony back. the roof is only now going back on, complained to council informed that the builders were of a very poor standard, roof built out of plans, the gutter and facier fitted which cross the party wall, very frustrated as for the last 16 months of complaining to owner, builder, and council have got know one to help only sympathy, have got enough evidence to go to court but as I said to my soilcitor not enough to gamble, please help and advise thank you, XXXXX XXXXX Jetten
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

What is the cost of repair and damage please?

JACUSTOMER-9o50es6a- :

DON'T KNOW UNABLE TO HAVE DAMAGE ASSEST UNTILL WORK IS PASSED OFF BY BUILDING CONTROL, INSURANCE WILL PAY FOR REPAIR BUT AM AFTER OUT OF POCKET COSTS IE SOLICITOR,SURVEY AND COMPENSATION FOR HOUSE PRICE DEVALUATION AND HAVING TO PUT UP WITH THE SUFFERING ENDURED OVER THE LAST EIGHTEEN MONTHS I HAVE ADMISSIONS FROM THE COUNCIL THAT THE BUILDING WORK IS SUB STANDARD SO MUCH SO THEY HAVE HAD TO ISSUE AN ENFORCEMENT ACTION ON THE BUILDERS/OWNERS

Alex Watts :

Indeed. It would help if you know the cost. Once you have that then you can take action.

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Can I clarify anything for you about this today please?

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