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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Neighbour left wheelie bin out when there is a High wind warning,

Resolved Question:

Neighbour left wheelie bin out when there is a High wind warning, their wheelie bin has damaged my 2 cars.
I have made a claim via small claims online and did not received a reply, therefore I requested for judgement. The defendant has requested to set the judgement aside due to the fact that she has moved house and did not receive the papers.
On the application she lied about me entering her house uninvited to discuss the matter which did not happen and also some other facts such as her being a single mother and lies about us being difficult to obtain sympathy.
The County court will schedule a date for hearing.
Evidence that I have include: photos of the damage, photos of the content in the wheelie bin (including homework of neighbour's son).
Could I request some expert view on this case please.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.What is it you would like to know about this please?
Customer: replied 1 year ago.
Am I likely to win the case?On her application to set judgement aside, she lied about us being difficult and threatening her which it had never happened. Do I need to defend that? Will that affect the outcome?
Expert:  Ash replied 1 year ago.
Based on on the fact the bin damaged the car then yes. Even though it's an act of God your neighbour is liable.Unless she has a counter claim the the threats are a non issue.But the set aside hearing won't be a trial, it will just determine whether or not there is any defence. Nothing more.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
She did not counter claim. If on the hearing, she lie about us threaten her and enter her house uninvited, what can I do?Do I need to prove the bin belongs to her, is the photo of her bin stuck between my cars (with her rubbish inside) be sufficient?
Expert:  Ash replied 1 year ago.
whether you entered her house does not take the matter forward as to whether it was her bin that caused the damage, so I don't think you need to worry about that.You only need to prove its her bin if she contests that point.
Expert:  Ash replied 1 year ago.
Does that help?Alex
Customer: replied 1 year ago.
Yes, Alex, thanks for your advice.
Expert:  Ash replied 1 year ago.
good luck Alex
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.If you don't rate then the site does not pay me for the time I have spent answering your question.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
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