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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Our neighbour has an Harassment Warning for staring at my

Resolved Question:

Our neighbour has an Harassment Warning for staring at my Wife. He asked through a solicitor for access to our property, we insisted that terms should be in place consistent with an Access Order, to protect us. They blanket ignored this request. We insisted that the builder would not work on or over our property, although the neighbours solicitor confirmed that they would not work on or over our property, the neighbours builder still came onto our property and in the process caused damage to render on our wall and a security light. With their refusal to have agreed terms in place and the neighbour insisting that he instructed the builder not to trespass, even though it was impossible for the work to be undertaken without trespass, how do we stand in terms of the damage that the builder caused? Can our neighbour be held accountable?

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know what the value of the damage is?

Customer:

We have not had the damage valued - an estimate would be £200 for a patch repair to the render / £600 if the whole wall is done,

Customer:

and £150 for call out and repair to security light, however I am an electrician so would be for my own time.

Customer:

Please note, that the render is a couple of years old, so if done as a patch repair, this would be a different colour to the rest of the wall; our preference would therefore be to have the whole wall re-rendered

Alex Watts :

Ok, you need to get a number of quotes for getting the work done, this forms your loss. You need to pick the cheapest quote

Alex Watts :

You need to write and set out your losses and request a payment 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.

Alex Watts :

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.

Alex Watts :

Your claim is against the neighbour. The neighbour can issue a claim against the builder

Alex Watts :

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.

Alex Watts :

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.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

If the claim is against the neighbour, does that also make him culpable for the builders working on and over our property?

Alex Watts :

Yes because he would have instructed the builder.

Alex Watts :

You can of course issue against both to make sure

Alex Watts :

First Defendant being the neighbour and second defendant as builder.

Alex Watts :

There is no additional costs for this

Customer:

the police say that the builder says the neighbour told them not to trespass, we have them on cctv doing so and the builder hiding and watching to see if they would get caught, demonstrating that they knew that they should not be on our property. We had made it clear to the neighbours solicitor that if they were on our property that we would find that harassing, does that sound like a get out for the neighbour?

Alex Watts :

Not really. Issue against both and let the Court decide who is at fault.

Customer:

Thank you very much for your time, will be sure to rate you positively.

Customer:

Merry Christmas.

Alex Watts :

Thank you and have a great Christmas too

Alex Watts :

Can I clarify anything else for you?

Customer:

As this is part of an ongoing harassment investigation, our only thing is that we had expressed how we would feel harassed if the builder was to do what they inevitably did, the Police are taking the neighbours "I told them not to trespass," even though it was impossible to undertake the work without trespass and the neighbour had confirmed through his solicitor that they would be doing the work without trespass, even though he knew that it would inevitably involve trespass What do you think about the Police posistion that the builders did not harass us by proxy, because he told them not to trespass??

Alex Watts :

Harassment is direct or indirect. This is indirect in my view

Customer:

But harassment can be done through others even if they are not conscious that they are doing so?

Alex Watts :

Yes

Alex Watts :

Indirect

Customer:

Ah, so still harassment?

Alex Watts :

Yes

Customer:

Really appreciate your time, that is all for now, is it possible to contact you directly through justanswer?

Alex Watts :

You can start any future questions: For Alex W - they will come to me

Alex Watts :

Quite confusingly there are 3 Alex's!

Customer:

Once again much appreciated, that is all for now, have an excellent Christmas.

Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
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