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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am homeowner of a 1st floor apartment, downstairs live in

Resolved Question:

I am homeowner of a 1st floor apartment, downstairs live in owner/business premises carried out open plan renovations which included removing a load bearing wall without a building warrant, causing subsequent damage to my property, Insurance repairs have been carried out by my insurance company, the aforementioned neighbour is not responding to any correspondence re this matter from my insurance company, I would like some compensation for all stress and much inconvenience caused by this matter, I had to move out of my apartment for one month whilst repairs were carried out, but have been told STRESS cannot be quantified, whilst 'a broken leg' would, this has been ongoing for 11 months, can you offer some advice please, I am at my wits end, this person has his own building firm and actually did the work himself.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Is anything directly linked that can be proven?
Customer: replied 2 years ago.
Yes, renovations had been ongoing for 1 week then a metal girder support was taken into his apartment, there was a thump and several cracks appeared in walls in living room, hall, stairwell and kitchen, which had not been there before, he was informed and he inspected my property with a colleague, he said he was sorry and would fix it. However, the following day I asked a friend, not a builder, to look at damage, he also asked my neighbour to inspect damage again, which he did and he again said in front of my friend, he would fix it, I refused and informed ny insurance company. I complained to local council who instructed him to stop work, which he did for half a day, then restarted, I then found out he had carried out this removal of load bearing wall without a building warrant or application, which was applied for retrospectively, he is now ignoring correspondence etc from insurance company, can you help please.
Expert:  Ash replied 2 years ago.
What is it you want to achieve?
Customer: replied 2 years ago.
I want compensation for stress and months of inconvenience culminating in my having to leave my home for one month. Having to put furniture in storage having to oversee repairs with frequent telephone calls to insurance company loss adjusters and repairers. All this upheaval was caused through no fault of mine, and feel he should be made to pay for the extreme distress he has caused. Thank you
Expert:  Ash replied 2 years ago.
You need to write and set out your losses and request compenstion 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 compensate 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?
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you for your assistance you have been very helpful.