Hello my name is ***** ***** I will help you with this.
Are you supplying a paper version or just intend to email it please?
To be honest I am not sure where I have to send it........... directly to the Court (Wandsworth) or to the money claims area of law based in Manchester.
I presume the Court is the one in which the property in the dispute is located
I have actually asked the P W surveyor who I instructed to give me more time since there are no reasons why I should have to pay some of the amounts eg £500 for 'unnecessary inconvenience' or £1600 for a totally new fence when only a part was damaged at the junction between the boundary and the wall which was made good. There are also no photos of evidence.
Do you know where your local County Court is?
Do you mean for where I live or for where the property in the dispute is located? (I now rent it)
Your local County Court
It is TW9 3BG and I live in KT206NL
To where you are?
Ok - then you submit it to your own local Court
if it needs to be transferred the Court will do that.
Ah ok - it's Reigate -
Are you sure it's 14 working days from date of serving notice? Sorry but I have so many different versions of when the 14 days starts from!
Yes 14 days from service
but working days or just days?
but from date of service
normal days is Monday thru Friday?
No, saturday and sunday
Its 14 days from the date you get it
So if I hand deliver it can I attach separate pages rather than fill in the form itself? Can I include copies of emails which support my claim?
You must also include the form
You can include copy emails yes
ok and I am the claimant and my neighbour who is claiming money through the Addendum is the defendant?
can you give me an example of the type of style required please?
You just need to set out what has happened, the current position, what you are claiming and why
and how far back in the 'story' do I go? this all started when my neighbour insisted that I pay him cash and I refused insisting on a cheque or direct payment to bank. Is there any legal precedent for being able to choose how you are paid? There is no mention of it in the original Party Wall Award
Just keep it concise and to the point.
Don't go waffling on about matters that are irrelevant
A Judge needs to be able to pick this up and understand it
Diificult because there are so many points to contest
Then you need to list them all one by one
Can anyone insist on being paid in cash? I sent round a cheque but he refused it and then refused permission for my builder to finish the work including his side of the wall (cutting his nose off to spite his face!)
in an Party Wall Addendum do you have to show before and after photos to prove damage?
No one can insist on that
but not absolutely necessary.......... Do invoices/quotes have to be shown?
If you have them'
No the PW surveyors have not provided them - I am being asked to hand over £2500 for damage that I have no evidence of.
Exactly, you can dispute that
My neighbour has refused access to his property to finish the wall and in the meantime has made allegations of damage that I haven't been notified about until the bill has been issued effectively. Is there a point of law which disallows this?
This just goes to mitigation and conduct
i know Party Wall surveyors seem to have an absolute authority in this area. Am I at a severe disadvantage representing myself? £2500 is a large sum for me but as far as legal costs it appears it would be dwarfed by them ie I would have to spend probably double that to not pay the original amount assuming I even won!
Indeed. The surveyor would need to justify this.
But you can get your own surveyor and report of course.
IF I do not get the appeal in in time my neighbour has said he will
if it comes to that do I get the opportunity to defend myself or am I deemed to have lost the opportunity by not putting in an appeal?
Then yes you can appeal the decision and we have previously discussed
You can defend yourself and lodge an appeal
when you say my own surveyor - do you mean someone completely new? Would my neighbour have to agree to this?
You can use your own and see if they can jointly agree
But its a little late for taht
All you can do now is appeal
ah and he wouldn't !
So to sum up
If I am in time I can appeal the Addendum on CPR part 8 and take it to Reigate (my local Court) If I am not in time (because 14 days is really not very long to try to get evidence etc) my neighbour can take me to Court (small claims/ CCJ ?) but I still get the right to defend why I am not willing to pay certain claims of damage? Eg replacing whole fence with a taller one rather than accepting the replacement of the small part where the fence meets the new party wall.
Yes. That sums up the position
Does that help?
Can I send you a copy of what I intend to submit (not now!) to check for language and style only?
If you can raise a new question for that please I would be grateful
Of course Alex! It won't be until tomorrow or the next day or even later if my P W surveyor allows me longer to appeal..........
That is no problem
If I could invite you to rate as always please.
Right I will sign off now and leave feedback and payment and try to bookmark you................