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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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we are used for 100,000 by limited company. We are normal

Customer Question

we are used for 100,000 by limited company. We are normal working family to feed our 4 children. On 5/2/2014 had final written to remove boiler pipe that was there when we bought our property. Our house is end of terrace though, the adjacent property was demolished 40 years ago which we weren't aware. However on 14/02/2014 the limited company who owns the land has filed court order and suing us for £100,000. Where do we stand? We have no money to take them on for solicitors, Although we kept communicating them by offering them to relocate those pipes and allowing them to access our property in summer time when the weather is good. I have now found out that they have a plan to re-build a house on that land.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What would you like to know about this please?
Customer: replied 2 years ago.

On litigation form: I know that I have to respond and pay fee for counterclaim. 1) Under what ACT do I need to use when I want to claim for stress and harrassment and two baby miscarriages?


2) Is it possible wall damage £100, 000? Nothing damage on 05/02/2014 but on 14/02/2014 all the sudden the damage is £100,000. Where do we stand on the eye of the law?


3) If their wall was demolished 40 years ago, I blieve this is our wall although if their property still there then our boiler's pipe wouldn't be there but when we bought the property on the leaflet was saying the boiler is in the second reception?


4) Our Garden wall is about 10cm more wider than the wall they are claiming that their wall.


 

Expert:  Jo C. replied 2 years ago.
Why are you being sued?

What exactly are you alleged to have done?

Do you have house insurance with legal expenses cover?

What are the pipes you are referring to?

Why has this been ongoing for 4 years?

If you have offered to relocate some pipes, why have you not done so?

Who needs access to your property and why?

Can you please let me have the full background that has led to this litigation please?
Customer: replied 2 years ago.


1) Being sued for wall damage because the gas pipe and drainage of my house is on the end of terrace wall (which they are claiming that if their house house still there , the pipes wouldn't have been there) but their house was demolished 40 years ago for them to get access into their other properties behind us. We also bought the property 5 years ago.


 


2) Wall damage in a short of period as their last communication on 5/02/2014 was only requesting to relocate those pipes with no damage but 14/02/2014 they are filled court order with damage of £100,000.


 


3) My insurance allocate me someone far away and I cannot choose my own insurance.


 


4) first letter arrived: Nov 2010 (we responded by offering them to relocate for us as we have no facilities money etc ).


 


5) I have no money to relocate them and I am just being nice people.


 


6) If they need to relocate those pipes then we are happy to have access into our property.


 


 


 

Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

my colleague has asked me to look at this for you.

  1. From what I understand from reading the above, pipes from your house stick out of your wall on what they claim is their land. Is that correct please?
  2. it is not entirely clear to me what they are claiming. Are they claiming that the pipes have damaged the wall or are they claiming that the pipes are overhanging their land?
  3. If they are claiming that the pipes have damaged the wall, from what you say, there is no wall there other than your own because the property that used to be there has been demolished are no longer exists. Is that correct?
Customer: replied 2 years ago.


1) Yes


2) Both


3)Yes


 


Hi You understood my queiries but you haven't replied.

Customer: replied 2 years ago.
Relist: Incomplete answer.
Your question: "we are sued for 100,000 by limited company. We are normal working family to feed our 4 children. On 5/2/2014 had final written to remove boiler pipe that was there when we bought our property. Our house is end of terrace though, the adjacent property was..."

we are sued for 100,000 by limited company. We are normal working family to feed our 4 children. On 5/2/2014 had final written to remove boiler pipe that was there when we bought our property. Our house is end of terrace though, the adjacent property was demolished 40 years ago which we weren't aware. However on 14/02/2014 the limited company who owns the land has filed court order and suing us for £100,000. Where do we stand? We have no money to take them on for solicitors, Although we kept communicating them by offering them to relocate those pipes and allowing them to access our property in summer time when the weather is good. I have now found out that they have a plan to re-build a house on that land.

We kept the communication but they are not listenning us. We have to return the acknowlegment form by 21/03/2014. We may counterclaim for stress caused us over the last 4 years as my partneer had 2 miscraiages and we are passing these stress to our families as our life has completely changed to the worst.
1) Being sued for wall damage because the gas pipe and drainage of my house is on the end of terrace wall (which they are claiming that if their house house still there , the pipes wouldn't have been there) but their house was demolished 40 years ago for them to get access into their other properties behind us. We also bought the property 5 years ago.



2) Wall damage in a short of period as their last communication on 5/02/2014 was only requesting to relocate those pipes with no damage but 14/02/2014 they are filled court order with damage of £100,000.



3) My insurance allocate me someone far away and I cannot choose my own insurance.



4) first letter arrived: Nov 2010 (we responded by offering them to relocate for us as we have no facilities money etc ).



5) I have no money to relocate them and I am just being nice people.



6) If they need to relocate those pipes then we are happy to have access into our property.
Expert:  Joshua replied 2 years ago.
Thank you. Sorry my replies will not be instantaneous but I am still here.

would it be fair then to say that you are as confused as I am as to how they can claim damage to a wall that does not exist?
Customer: replied 2 years ago.


I would like to know:


On litigation form: I know that I have to respond and pay fee for counterclaim. 1) Under what ACT do I need to use when I want to claim for stress and harrassment and two baby miscarriages?


 


2) Is it possible wall damage £100, 000? Nothing damage on 05/02/2014 but on 14/02/2014 all the sudden the damage is £100,000. Where do we stand on the eye of the law?


 


3) If their wall was demolished 40 years ago, I blieve this is our wall although if their property still there then our boiler's pipe wouldn't be there but when we bought the property on the leaflet was saying the boiler is in the second reception? is it enough evidence that leaflets?


 


4) Our Garden wall is about 10cm more wider than the wall they are claiming that their wall. Is it possible?

Expert:  Joshua replied 2 years ago.
I will address your questions fully but before I do so I just need to understand the position regarding the wall they are claiming damage to.

You have an end of terrace house - what wall besides your own property wall exists? Is there any other wall there?
Customer: replied 2 years ago.


Hi Joshua: No there is not another wall. Just an empty land

Expert:  Joshua replied 2 years ago.
thank you. That is what I thought but I needed to be sure.

The claim appears to be entirely spurious and suitable for an application on your part to strike out their claim on the basis that it fails to comply with rule three of the civil procedure rules on the basis that their claim fails to disclose any reasonable grounds for bringing a claim on the basis no wall exists to its damage could be caused and on the basis that they have failed abjectly to quantify any basis for their claim for damages and on the basis that their claim appears to be an abuse of process.

the court has the power to strike out the claim which fails to show a reasonable ground for a claim and where it appears to the court that the claim may be an abuse of the courts process. Based upon what you say, their claim appears to be so.

To specifically answered your numbered questions:
1) if you wished to enter a counterclaim, you can consider making a claim under the protection against harassment act for distress if you can demonstrate that they have entered into a course of action that they know or ought to know the course you alarm or distress
2) in order to claim any money from you whatsoever, they must substantiate and quantify their loss. I cannot see how they can claim for damage to a wall that does not exist. it is simply not possible;
3) presumably you can demonstrate the lack of existence of the wall by photographs if necessary;
4) as above, if they wall exists, I cannot see how they can claim damage has been caused to their mentioned we wall.

if you decide to asked the court to strike out they claim which in my view would be an appropriate course of action based upon what you say, you can do so by simply enclosing a covering letter to the court asking the court to strike out they claim on the above grounds.

Is there anything above I can clarify for you any further?
Customer: replied 2 years ago.

still legal boundaries not answered.

Expert:  Joshua replied 2 years ago.
I am very sorry that you have had cause to rate my service to you as poor. It is very important to me that you are satisfied with my service to you and I would welcome the opportunity to both change your mind and to assist you further and fully in this matter.You will note I did ask you to reply to me if you had any further questions.

Please kindly consider revising your rating - I will be delighted to continue to assist with any further questions you have without further charge.

Kind regards
Customer: replied 2 years ago.


Thanks Joshua.


The answers were not clear


i.e: The claim appears to be entirely spurious and suitable for an application on your part to strike out their claim on the basis that it fails to comply with rule three of the civil procedure rules


 


Question (Which ACT?)

Expert:  Joshua replied 2 years ago.
Thanks for your reply. Unfortunately I am unable to continue to assist in view of your poor service rating. As above if you can kindly consider revising your rating - I will be delighted to continue to assist with any further questions you have without further charge.

I hope to be able to continue to work with you on the above.

In the event that you decide not to, best wishes for your defence.
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and other Law Specialists are ready to help you
Customer: replied 2 years ago.

I have more questions:


1) If we were sent a letter from claimant's solicitor on 05/02/2014 saying that you got 7 days to remove gas pipes from the shared wall (though we bought the property as it is) and we received on 15/02/2014, though we were given 7 days to respond but having received the letter very late and responded on 16/02/2014. However the claiment filed court order on 14/02/2014 and we were given service date 7/03/2014. Do you think they give us enough time to file?


Also they blocked the road for us to have access to remove gas pipes for shared wall.


 

Expert:  Joshua replied 2 years ago.
As above I am very happy to continue to help. If you can kindly consider revising your rating - I will be delighted to continue to assist with any further questions you have without further charge. If you cannot do this unfortunatly I will have to opt out. I hope to be able to continue to assist you.

Kind regards
Expert:  Joshua replied 2 years ago.
Many thanks.

Rule three of the civil procedure rules provides that's a claim may be struck out (thrown out) if the statement of case discloses no reasonable grounds for bringing the claim or that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings

on the basis there is no wall from what you say which could have been damaged and they have failed to provide any quantification of how they have calculated their claim then the claim appears to lack any basis and therefore we appear to be suitable for you to request that the court strikes out the claim under rule 3.4 of the courts rules (the civil procedure rules)

there is no minimum amount of time they must give you in respective time to respond however the civil procedure rules require parties to attempt to avoid litigation where possible and where one party appears to have rushed to litigation, the can be adverse cost consequences for them whether they win or lose.

A final point to mention would be that if the pipes in question have been in place for 20 years or more, then whether or not there is a right in the title deeds for those pipes to exist where they do, then you can claim something known as a prescriptive right under the prescription act which provides that where you can demonstrate a pipe has been in place for more than 20 years continuously, the property will have a right to maintain that pipe in that location

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