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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Yes you can go to the Police as this is criminal damage
Yes you can also pursue this as a small claim
You should to write and set out your losses and ask for a refund within 14 days or say you will go to Court. Make sure you send this recorded delivery and keep a copy.
If they refuse then you can issue proceedings which can be done online at: www.moneyclaim.gov.uk or by competing form N1 at: https://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
The Court will then issue the claim which will be sent to the seller and they will have a limited time to defend it, if not you can enter Judgment and enforce it.
If the matter is defended it will be set down for a hearing. If the losses are £10,000 or less then it will be a small claim and you do not need representation.
Can I clarify anything for you about this today please?
Hi Alex, Thank you so much for your help. Just to clarify can I do both, take the matter to the police and also claim in the small claims court at the same time? I really want this matter finalised as its been going on since 2010. He keeps threatening me with court action as I refuse to let him have access on my land to do maintencance on his property. I keep saying when he acts reasonably and replaces my wall I will give him reasonable access. He refuses to do this and demands his rights of access. I am not denying access I am merely saying he can have it when he does the right thing. If he gets an injunction to gain access when I am the injured party it would seem very unfair. Sara
You first pursue this as a criminal matter
Second you then take him to Court if the Police do not resolve this.
Does that clarify?
Yes thank you very much.