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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I hired a second skip from a contractor. On removal, the vehicle

Customer Question

I hired a second skip from a contractor. On removal, the vehicle knocked down the gatepost and damaged the drive with a big indentation one one side, smaller one on the other, a crack along the width of the drive and another on the length. I contacted the contractor, who agreed in the first instance that they should have used wooden blocks to take the strain, however stated later that it was really my fault because the drive wasn't strong enough to take the weight. He offered to reinstate the gate post and to concrete over the larger indentation. I believe the damage has compromised the integrity of the drive for future use. I am renovating the property with a view to a sale. Although it is not the most glamorous drive on the street I had not budgeted a replacement, the damage done considerably reduces the asking price for the price for the sale. I am not looking for a total drive replacement but feel some contributed should be made.

Many thanks if you feel you could be of assistance.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is ***** ***** 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 : Have you had a survey for the drive please?
Customer:

No

Customer:

No. not yet, wanted to hear your response before incurring extra expense.

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Sorry, I don't quite understand, you answered my question with a question which I answered, I didn't hear anything so sent an Email yesterday to find out if this is the end of your service. In response, I have received an Email today saying I have a second question similar to my first question. What happens now?

Expert:  Ash replied 2 years ago.
You rated by accident so it dropped off my list. You should get a proper survey done and Present that report to your neighbour. The report should set out the cost of rectification.

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not refund you 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.

Can I clarify anything for you about this today please?

Customer: replied 2 years ago.

What does it have to do with my neighbour? I don't want a refund, the skips cost about £350, to reinstate the damaged drive, about £2,500.


 


I think that will be all thank you


 


 

Expert:  Ash replied 2 years ago.
Sorry I meant contractor rather than neighbour.

Don't forget if the matter is defended then you can use the report in court against the company as evidence and also seek the costs of this back. But if it is defended you must ask the courts permission to use this expert evidence.

Does that clarify?

Customer: replied 2 years ago.

Thank you.

Expert:  Ash replied 2 years ago.
Happy to help - all the best.

Alex

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