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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Madam I recently contracted the services of an architect

Customer Question

Dear Sir/Madam
I recently contracted the services of an architect to design and deal with planning office. The first red flag of concern was raised when they omitted to send in with the application a B1 form which is the party wall agreement that lead to my application being rejected and the whole process having to be restarted - a delay of six weeks.
Planning were due to sit on Wednesday 23 March and I received a phone call on the Friday before stating that planning have advised that a balcony in the garden would need to be changed to a Juliet plus a few other minor changes for it to pass planning - these changes were made.
On the 23 March I received an email from my architect informing me that they have refused planning! I was informed that they do not want me to add a two storey extension to the side of my property. On my road this has been done numerous times, in fact there are many different design already in existence so precedence has already been set. It is clear from my emails after the decision had been made that my architect DID NOT state that a precedence has already been set and when I asked him to inform them of this he informed me it was too late and he suggest I appeal using his recommended company at a cost of £1,500. Time is of the essence for me and the lengthy 8 week process for appeal I can not do - the my side extension has now been removed from the planning but can add a one storey through permitted development. I want to get on with the build with the view of reapproaching planning again for the second storey.
It is important to note that I live in a chalet style property and although on the surface a 1200mm side extension does not sound very big, this was crucial to allow the space already existing in the chalet roof/storage space to create usable bedroom space.
Do I have a case?
Submitted: 8 months ago.
Category: Law
Expert:  Ben Jones replied 8 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. What are you hoping to achieve in relation to the architect?
Customer: replied 8 months ago.
I want to sue him for professional negligence in relation to not sending the appropriate documentation as well as not stating on my planning application that a precedence had already been set. Planning refused stating no other house had done this and by doing so would affect how the houses look on the road. I believe he was sloppy in his managing of my contract which has resulted in delays, unsatisfactory result as he did not stipulate the precedence, further cost to me to reapply at a later date for the second storey to be added and loss of value of my property. I believe Tort is the direction?
Kind regards
Customer: replied 8 months ago.
Please note that paid him £2,300.00 which includefd to appropriately complete my application to planning on my behalf.
Customer: replied 8 months ago.
Basically sue him for compensation
Expert:  Ben Jones replied 8 months ago.
I have looked into your query in more detail but unfortunately it is not something I can assist with. I will therefore ‘opt out’ and a colleague better placed to deal with the nature of your query should hopefully pick this up soon. Please do not reply in the meantime as that will just assign the question back to me and you will experience a delay. Thank you
Expert:  Nicola-mod replied 8 months ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 7 months ago.
I have been away in the states I am now back and await a response to my question
Customer: replied 7 months ago.
your original professional stated that he was not the best person to answer this question and that he would be returning it for another professional to pick up - which no one has
Expert:  Nicola-mod replied 7 months ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Ash replied 7 months ago.
Hello my name is ***** ***** I will help you with this.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?Alex
Expert:  Ash replied 7 months ago.
If this answers your question could I invite you rate my answer 3, 4 or 5 starts before you leave today.I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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