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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.
Did you ever get a Court order or was it just pre action letters to the neighbours?
Do you know when they are moving or if there has been an offer please?
Hi Alex thank you for helping me .
It is my pleasure
1. just pre action letters to the neighbours
Are they moving or is it just for sale?
2. apparently they are with an agent it will go on the market probably couple of weeks or so.
Ok Claire, the sum you want to claim is £1240 plus £150?
Ok - let me just type my answer.
You need to write and set out your losses and request a payment 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. Now it is a matter for you whether you do this as your Solicitor has already sent a pre action letter. If you are satisfied they have received the letter then you may wish to skip this step.
If they do not pay 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. As the claim is for £10,000 or less it will be a small claim and you will not need representation, so you do not need a Solicitor and you can do this yourself.
Can I clarify anything for you about this today please?
I feel very venerable with them my solicitor did not write payment within 14 days or mention court
Ok - then perhaps it is worth sending.
my solicitors last letter did not say within 14 days or mention court fro payment
Yes. But in that case you could send a pre action letter and give 14 days for payment otherwise you will issue proceedings
my solicitor said this would probably be costly to do if I go to court , can we add the cost of my solicitors new letter?
Yes you can. In terms of costs small claims costs are limited
Please see: http://www.justice.gov.uk/courts/fees
Does that help?
if I go to small claims is there a good chance that I will get my money back from them
Yes based on what you have described on your question
if I go through my solicitor will I get my costs covered
Not for a small claims Court no.
It is designed not to be for lawyers.
If you do any costs recovery for legal fees is very limited indeed
I don't know what to do
You can only claim £260 in legal fees if you go to a small claim
You can represent yourself, the process is straight forward and designed for litigants in person
I don't think I will be up to that
You can have a friend represent you if you turn up at Court too
But it probably wont even get that far
If no defence is filed you get Judgment in default
sadly my neighbours are very clever people they will probably fight it . the ex husband has already said his wife felf venerable with removal of their gate as she has been on her own , I replied she has not been on her own her new partner has been staying ,she has had a 3 yr affair with this chap!
Sadly all I can do is give you a legal answer. Whether you follow it is a matter for you.
ok then in my situation what do you think best course for me to take
I think you should issue proceedings. The process and hearing is not complex
do I do this through my solicitor sending another letter giving them 14 days then my solicitor will issue proceedings?
You can do this yourself.
You can take all the steps yourself.
Remember recovery of legal fees is limited to £260
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Hi Alex if I don't go through small claims, and my solicitor goes to court if it gets this far will my neighbours have to pay all court costs solicitor legal fees and what I am owed?
No, because of the value is less than £10,000 it will be a small claim.
Only if a dispute is over £10,000 would it not be a small claim
Does this help?
what will happen if solicitor writes another letter 14 days and if no payment paid then proceedings will take place, what do I do next , is my solicitor out of the frame if so I need to know how I proceed,sorry to go over this but im new to this
You can instruct the Solicitor to do all the work and represent you.
But you are only entitled to recover £260 and no more
So if it costs £1000 you can only recover £260
ok so your advice if I don't have a solicitor and I don't feel I can go to court what is the best way to proceed and do you think I will get all monies back, also can they sell with this money dispute going on?
They can but they have to declare it to potential purchasers
where does this leave me
Sadly if you dont want to take it to Court you are out of pocket
All you can do to stop it is take them to Court, but that is a matter for you
I realise this may not be the answer you want or the one I want to give you, but I have a duty to be honest
Can I clarify anything for you?
if I do take them to court do I have to be present, how do I go forward
You can submit it on paper and don't attend. But of course it would be better if you did in case the Judge had questions
ok so what is the course of action do you think I should take, and could my neighbours get costs from me?
I think you issue proceedings and then see how you fair before any Court hearing and make a decision then whether to attend.
god sorry Alex how do I issue proceedings again? can I get past legal costs with them trespassing back in 2011?
Or complete form N1
And take it to County Court.
Yes you can claim those historic costs back
that's good my solicitor said I couldn't! do I include past legal trespass costs with the recent ones in one claim?
Yes if it is all related to the same claim
Can I clarify anything?
no 2011 was trespass of wheelie bins on my property, this is about their gate on my fence post also they painted my post green their side but my fence was damaged by them leaning large wooden pallets husband acknowledged damage to my fence. but a recent solicitor letter said I was prepared to bear the new fence cost , can I go for criminal damage to painted post ,and broken fence which was broken in 2011
I see. If it is not related then you can not claim those historic costs
my new fence cost to replace £400 , just to remove their post was £150 but what cost do you put on my fence post been painted by them is this criminal damage also the fence, but can I go back on what the solicitor wrote saying that I will bear the cost of the new fence.
No sadly not.
would estate agents advise them to pay up!
I can't say - estate agents are not legally qualified.
as for the dividing brick wall there are no "T" MARKS they have erected and bolted their fence to this wall how do we stand with this for new buyers or our present neighbours before they sell
They would need to disclose any dispute
Can I help further?
ok if they sell can I still peruse them for costs
Yes of course.
brill thank you do you think that I have a good case to peruse my costs and if I get them back will my neighbours have a legal record against them
what does that mean exactly
ok thank you very much for your help is all this conversation saved on my email so I can go back and look at your information
one last thing as for the dividing brick wall they have attached their fence with out permission shall I get my solicitor to mention this
we do not know who owns this wall
I think that is it thank you so very much Alex for your help.
all the best and you are very patient thank you good bye.