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Hello my name is ***** ***** I will help you with this.
For now please let me know whether any damage has been caused to your property?
Yes! Please read our question.... "...roof very badley damaging several areas of tiles and the flue to our aga cooker."
Forgive me yes.
Have you made a formal written complaint to the Council?
I mean a complaint that has been investigated by the Chief Officer Department of the Council?
Or do you just want to claim the cost of repairs etc back? If so, how much are you seeking?
I'm sorry and don't mean to be rude but could you please read my question... I have already said that we have been emailing and have all the references to the calls and have all the copy emails. Also an office has been to see us and I recorded the meeting (pleas see my question). Thee cost of repairs is likely to be under£1000
Yes I have read that you had an ongoing problem, they did minimal work and a branch fell 3 weeks ago. The Council have refused to deal with the claim. That is why I need to be clear, you want to sue and claim for the repair?
In my question to you I said: "I was intending taking out a small claim action in the local court once I have a couple of quotes from roofing companies. Any advise would be appreciated." So yes, I am thinking out a small claim action in the local court for the repairs.
Well you have a number of quotes, this is your loss. You need to pick the cheapest one as the Court will expect you to mitigate your loss
You need to write and set out your losses and request a payment for the damage 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 pay 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?
Yes... was I wrong to record the MBC official when he called to see the damage? Can I use that recording or a transcript of it in court?
If the MBC official knew that it was being recorded then yes, you can use it
He didn't at the time but I told him at the end of the meeting and he then carried on talking. He complained that I'd recorded him but accepted (on tape) that they should have cut the trees back before and that he'd said he'd get the tiles replaced. So could I use that part of the recording (when he knew he was still being recorded)?
Then you could adduce the evidence but you will probably need permission from the Court.
You can ask for this if the claim is defended and the matter is set down for hearing
No that's fine, thanks.
Can I help with anything else today?
Not unless you would like to read one of my legal thrillers! My name is***** http://www.amazon.co.uk/Chequered-Justice-Unabridged/dp/B00LPS7PAO/ref=tmm_aud_title_0 Thanks for the help today!
Ok - I will take a look