Hello my name is XXXXX XXXXX 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.
What you should do is get a Solicitor to write and set out the position in terms of unpaid bills and the tree.
You ideally need to get a tree expert out and produce a report on the condition and potential danger of the tree. That report should have recommendations about what to do - ie remedial work or chopping parts or all of it down
Once you have this your Solicitor can write and ask for payment in terms of the shared bills and set out your position in terms of the tree
In terms of the bills this is easy and you can probably do this yourself.
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.
In terms of the tree this is harder.
You would be giving the Court a document show tree surgeon report and asking the Court for an Order that the neighbour carry out work.
In effect this is an injunction and for this you would ideally need representation
Your Solicitor can then present papers and represent you in Court.
The Court can Order that they carry out certain works.
If they refuse this is a breach of a Court Order and could be considered contempt.
A Judge can warn, fine or send the person to prison
This is why you need a Solicitor
But these are the steps you should consider following
Can I clarify anything for you about this today please?
Is the septic tank a public hazard if it isn't emptied there any legal obligations there. Are both matters dealt with through the county court system ie tree and septic tank
Yes it would be the County Court for both matters
And the damage to the fence?
It could be a public hazard but I would get it emptied and just sue for the costs if they refuse to pay
Yes, fence is County Court as well
should I tell the court that they are likely to be moving they already have debts as people are visiting and chasing them
Well if they move then then debt follows them.
ok thanks for your help Alex