Ask a Law Question, Get an Answer ASAP!
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 is it you want to achieve please?
I would be satisfied with the noise stopping, it intrusive and created by the Board. It affects quality of life and I cannot imagine what it will be like long term. My father built our home in 1953 and I have lived here all my life this changes the quality of life. If they are unprepared to act I do not know what my options are. I cannot see them changing their project as it was a multi million pound job but they shouldn't be able to arbitrarily affect the life of people -especially as it will affect my property value. This is something they need to look at or sound proofing our home - not ideal but they created the situation.
Have you had a second opinion on what can be done?
Not yet. I had hoped the Board would do something after I made them aware of the situation but have heard nothing since their workman repaired their valve. I accessed the site hoping for some ideas or ways forward - who or what to contact.
I would get a second opinion and instruct an expert. Then you will know what they recommend.
You need to write and set out your losses and request they do the work required by the expert 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 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.
You are asking the Court for an Order that they do the work - so you need to have an idea of cost.
You can then also rely on the expert report you have gotten earlier and use that as evidence.
Can I clarify anything for you about this today please?
I'm very pleased with that structured approach as I always prefer a planned way forward. To show my ignorance of matters like these could you advise me finally on what you see as an expert in this situation. I have no real idea about who to approach.
I am not an engineer merely a lawyer so couldn't say what type would be needed I am afraid.
But I suspect a civil engineer.
Tank you - smilet face.
Apologies for spelling
Please remember to click on one before you go today!
If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.
Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Thank you - fortunately I have a family friend who is a civil engineer. I've tried to leave the response "excellent" but it won't let me as it still states that the expert has not finished answering - even though it also says that you are offline and above that you have stepped out of this chat. I'll try again later but leave this as evidence of my satisfaction with your reply.
Try again, I ticked the wrong button!
If you could take a moment - thanks!