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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My next door neighbour is taking me to court .wants£10,000

Customer Question

My next door neighbour is taking me to court .wants£10,000 because l put my3 mini bins in the shared passage. The land registry plan shows the passage as mine! The deeds plan shows it as shared. I moved in29/9/2014. He told me l could not put my bins in passage. He had an agreement with previous owner not to put theirs in . My solicitor told me l could if there was room for access. I have assistance with my bins. The summons came through the door today. No name or address on. Presumably delivered by him. There is ample room to pass. There is a gate with padlock. We both have a key. . Have not stopped him using the passage. I have got Cctv in passage because l have been subject to various attacks. Not caught on Cctv . Advised to get it by police. Where do l go from here. I am77 and he is over 80 and always had his own way, his solicited and he are masons. He is a parish councillor.
Submitted: 11 months ago.
Category: Law
Expert:  Ash replied 11 months ago.
Hello my name is ***** ***** I will help you.On what basis is the £10k owing? Is that compensation, if so, just because you have used the passage?Alex
Customer: replied 11 months ago.
He says stress spoilt his pleasure etc wants £5000 to £10000. Plus costs. I am not Google on line scared of it.
Expert:  Ash replied 11 months ago.
Ok - dont worry about this because I can not see what his loss is.He would have to quantify any loss. It a small claim anyway so you dont need a Solicitor.But its a shared passage, he cant stop you putting the bins in! If its got a Court seal and claim number on it, that is a claim.If it has NO Court seal (crown in circle) or claim number its a fake and you can ignore it.Can I clarify anything for you about this today please?ALex
Customer: replied 11 months ago.
It has a circle with a crown in it says date of service 05 April 2016. county court at Durham at top. Ccmcc31/03/2016 under in black letters c69y j609. There's another paper says him courts and tribunals response pack
Customer: replied 11 months ago.
C69y j609 Circle with crown Date of service "5 April 2016. Also response pack.
Expert:  Ash replied 11 months ago.
Ok - then there is a valid claim. You just need to file a defence which says that you deny the claim,the claim is defective in law and fails to fully particularise any legal claim and any particularisation of remedy sought.Does that clarify?Alex
Customer: replied 11 months ago.
Thank you Alex . That seems to be clear. Why would it be dropped through the door not delivered and no name or address on package. Also why does date of service say 05 April 2016?
Expert:  Ash replied 11 months ago.
I dont know about that, it is strange. Date of service is usually 2 working days after it is issued.Does that clarify?Alex
Customer: replied 11 months ago.
I'm worried because his solicitor is in masons with him. The judge may also be a mason. He s very crafty. It will have been thought out
Customer: replied 11 months ago.
Can l request a court in a different area?
Expert:  Ash replied 11 months ago.
That makes no difference whether they are a mason or not. No difference whatsoever.The Courts and Judges and Solicitors are all independent.It will be transferred to your local County Court.Does that clarify?Alex
Customer: replied 11 months ago.
I have looked on my Cctv for next door delivering the letter. No one came to the door but the postman. He probably gave it to him to put in my box. Isnt that illegal.. Is a county court the main court. Or is it small claims. Thanks for all the info. I feel exhausted. Up to now l have had a solicitors letter asking me to remove bins as had an agreement with other occupants, love had concrete down my drains, paint on doorstep/ things thrown at bedroom window at 3 am x2 cement thrown on patio and drive. Ant nearly pushed down steps with bin. I had to pay for Cctv and had a fence put up as l felt stalked in my garden ang conservatory. I was never alone. Can l counter claim or. Is it better to leave it.. I have wasted hours of my life on alert. Total cost of fence/ gate/ Cctv and outside lighting is about £2000
Expert:  Ash replied 11 months ago.
The court or the Claimant can serve it. Its the County Court, it would be a small claim.You can use CCTV as evidence and also counter claim that if you wish.Can I clarify anything else for you?Alex
Customer: replied 11 months ago.
No thank you . I'll have to sleep. Will think in morning
Expert:  Ash replied 11 months ago.
Ok. If I could ask you to rate my answer before you to today please, otherwise the site doesnt credit me for the time spent with you. Have a great weekend and good luck with this. Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 11 months ago.
I still don't know if l could go to a court outside my neighbours area. Can l?
Expert:  Ash replied 11 months ago.
No, because its automatically transferred to your home Court.

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