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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Party wall agreement roof damaged by builder and rubble left

Resolved Question:

Party wall agreement roof damaged by builder and rubble left between wall cavity builder and owner advised in writing but after many months nothing been done . our party wall surveyor has retired theirs just ignores any enquiry. Third witness to party wall has been approached and will visit for 150 pounds.can he actually achieve anything if their surveyor not responding would we be better engaging a solicitor.work has also been ongoing for 2 years the frontage is like a builders yard and we are constantly bothered by dust. Please help I'm at my wits end as I don't know how to proceed thank you kim
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

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.

Alex Watts :

Do you know the cost of repair and putting this right please?

Customer:

hello,

Alex Watts :

Hello

Customer:

roof will cost about £900

Alex Watts :

You need to write to the builder and set out your losses and request a refund or he does the work 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.

Alex Watts :

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.

Alex Watts :

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.

Alex Watts :

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.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

do you think its worth the thrind party surveyor coming out, would he be able to do anything?

Alex Watts :

He may be able to do and this may be useful. All you can do is try

Customer:

thankyou, i will show this to my husband, can i contact you again in the future if needed to?

Alex Watts :

Of course.

Alex Watts :

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’.


 


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Customer:

bye, thankyou again

Alex Watts :

No problem.

Alex Watts :

You should be able to rate now, I have ticked the box!

Alex Watts :

Thanks again and please remember to leave feedback

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