How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

Hi Alex, My mother has had a response from her neighbours

Resolved Question:

Hi Alex,
My mother has had a response from her neighbours insurers Solicitor.They advise him to write to her to note that further "damage" to his drive will need to be made good at my mothers expense.
In our previous correspondence it was stated that the bits of mortar that had come out did not "damage" the driveway.
What do you suggest to counter his claim,please?
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, 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.
Alex Watts : What is this further damage and why did they not raise this before?
Customer:

What they mean by further,I assume,is any more mortar that falls after the receipt of the letter from the neighbour,dated 31/03/2014.

Customer:

Hi Alex,

Customer:

Any news,please?

Alex Watts :

Again, if the 'damage' was just this cosmetic artificial damage then they can TRY and claim it

Alex Watts :

But they would need to convince a Court that they have suffered damage AND a loss

Alex Watts :

I can'

Alex Watts :

I can't see where there loss is

Alex Watts :

Can I clarify anything for you?

Customer:

We are concerned that this man will do what he can to exacerbate the situation and thus "force" my mother into paying to have this work done.She is now 84 and is worried about the aggravation that goes with this issue.

Alex Watts : Yes. I can't see how they can if there has been no real damage.
Alex Watts : Its only a little cosmetic from what you said.
Alex Watts : Does that help?
Customer:

Hi Alex-it is only cosmetic-would this constitute a judgement against my mother?I do not wish for her to spend up to £1500 at this time in her life.I think that she is better spending it on holidays etc.Also, I am concerned that even if this work is done this man will still find faults!

Alex Watts : Ideally you need a survey to see what exactly is wrong.
Alex Watts : But from the description you gave, I can't see how they are going to claim so much
Alex Watts : Does that help?
Customer:

I have seen the issue,all that is happening is that periodically small pieces of mortar may fall out and land on his driveway.

Customer:

As I said previously-maybe he should have surveyed it before having the tarmac layed?

Alex Watts :

Yes he should have.

Alex Watts :

But they have to prove any damage and what they have done to litigate their loss

Alex Watts :

* mitigate not litigate *

Alex Watts :

Can I clarify anything else?

Customer:

Would it be a good idea for me to write a letter outlining that he perhaps should have done this,before he had the work done and that my mother has felt intimidated by his actions.(He actually escorted her into town,at his suggestion,to speak with his insurers!)

Customer:

Hi Alex,any comments?

Alex Watts :

Sorry for the delay, I have been at Court. Yes I would certainly write this and set out the position.

Alex Watts :

This would be very useful to set out how you see things.

Alex Watts :

Does this help?

Customer:

This is good news,going back previously, the £1500 that I mentioned was the cost,to my mother, of re-pointing-not the cost of repair of alleged "damage".

Alex Watts :

Yes indeed.

Alex Watts :

I am happy to have helped

Alex Watts :

Please remember to leave feedback before you go today

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice