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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Alex, We tried to contact the owner of the house behind

Resolved Question:

Hi Alex,
We tried to contact the owner of the house behind to tell him we had the tree surgeons coming to prune the creeper off the boundary wall , their plant . We got no reply so consulted his tenants who were happy to allow us access to the garden to carry out the works ( we had done the same job about 4 years ago ) the job is at our expense as the creeper had invaded our roof space ( so grew up 4 floors ) , the landlord is now fuming that the pruning is so severe and wants recourse. The tree surgeons pointed out damage and damp caused by the creeper . The garden is in totally neglected state so I think it's just that he was furious not to be consulted .we will need further access to repair the wall but at whose expense ( we are actually willing to pay for the work as it is a main wall of our house ) I just want to have a calm knowledge when he rings me again.
I'd be grateful or yr advice .
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello and thanks for requesting me.

Alex Watts :

Do you know the cost of putting it all right?

Customer: No , only saw the damage today
Customer: Probably several hundred pounds upwards.several bricks need to be replaced and repointing a couple of square metres . I live in SW London so it will be premium prices. To prune this creeper, arrange parking suspension and remove all debris cost us £2,000 with a very reputable company who have carried out these works before ( +_4 years ago) .
Alex Watts :

You need to get several quotes to get the work done - this forms your loss

Alex Watts :

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 claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.



Can I clarify anything for you about this today please?

Customer: Thanks for that but my main query is that he is accusing me of trespass ( we had no response to our email to him so got permission to enter and access to do work from the tenant. So I feel no Trespass .
Alex Watts : I agree
Alex Watts : Does that help?
Customer: Thanks !
Alex Watts :

Great. Can I ask you to rate my service before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

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