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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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A neighbour took s fence down red 2 tree surgeons to cut a

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A neighbour took his fence down hired 2 tree surgeons to cut a lot of trees down in my garden without asking, they also tipped rubbish in the garden including an old chair and carpets, when I approached the neighbour he assaulted me with a crutch, I had my dictaphone on in my pocket but the police say he will probably get away with it because there is no video evidence of the assault, but could you tell me what I can do about him trespassing and just cutting down 40 year old trees that were not hanging over his side, he hasn't put the fence up either and I fear for the safety of my 82 mother with Alzheimer's
Submitted: 6 months ago.
Category: Law
Expert:  Ash replied 6 months ago.

Hello my name is ***** ***** I will help you with this.

Just to be clear, the trees were on your side?
Alex

Customer: replied 6 months ago.
the trees were on my side the garden was overgrown it's a long garden and they said they didn't realise it was a garden but there is nothing else it could be
Expert:  Ash replied 6 months ago.

Ok - what do you want to achieve?

Customer: replied 6 months ago.
I want to ensure the garden security by him putting the fence back up and making sure he cannot destroy any more trees, if possible I would like to take him to court so it is officially noted
Expert:  Ash replied 6 months ago.

Ok - so the fence is still down?
Take him to court for what though?

Customer: replied 6 months ago.
I told the tree surgeons not to touch one tree that was nowhere near their property and after he assaulted me they pulled it down because they didn't realise I was recording it
Customer: replied 6 months ago.
Trespassing destroying trees are you telling me I can walk in someone's garden and cut trees down?
Customer: replied 6 months ago.
the fence is still down
Expert:  Ash replied 6 months ago.

Ok - but they never refused to put the fence back up?

Customer: replied 6 months ago.
I haven't asked but I don't think they will
Expert:  Ash replied 6 months ago.

Ok - well you need to ask.

You need to write and set out your losses and request a they put the fence up and compensation 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 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://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-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: replied 6 months ago.
What losses can I ask for please?
Expert:  Ash replied 6 months ago.

Compensation for trespassing, damaging trees etc.

Does that clarify? Alex

Customer: replied 6 months ago.
What would think a reasonable figure would be?
Expert:  Ash replied 6 months ago.

Hard to say, I cant see it being more than £5000

Alex

Customer: replied 6 months ago.
Ok thank you
Customer: replied 6 months ago.
One final question it happened last Tuesday 14 days from then or 14 days from now
Customer: replied 6 months ago.
The second link says access denied
Expert:  Ash replied 6 months ago.

14 days from when you send the letter.

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf - it does work

Does that clarify?
Alex

Customer: replied 6 months ago.
I understand what to do now but every time I click on the link it says access denied
Expert:  Ash replied 6 months ago.

Try this:

http://justclaim.co.uk/court-forms/N1-claim-form.html

Alex

Expert:  Ash replied 5 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/

Customer: replied 5 months ago.
the link works on the desktop thank you, ***** ***** going to rate when I knew the outcome, but I will do sooner. I have sent a special delivery letter to him but he refused it so I am sending 3 other letters 2 days apart and getting proof of posting.. The trouble is now I need his name to fill out the N1 form and I don't know it, can you tell me how to find it out please?
Expert:  Ash replied 5 months ago.

If you dont know it, you can just put persons unknown.

Does that clarify? Alex

Customer: replied 5 months ago.
the court will except this no problem?
Expert:  Ash replied 5 months ago.

Yes. Alex

Customer: replied 5 months ago.
ok thanks, ***** ***** I doing enough to let him know, ive sent 1 registered post which he has refused and I will send 3 letters with proof of posting, do I need to hand deliver a letter with a witness?
Expert:  Ash replied 5 months ago.

Not at this stage no.

Does that clarify?
ALex

Customer: replied 5 months ago.
that means I have to in the future?
Expert:  Ash replied 5 months ago.

For paperwork if contested, yes.

Does that clarify? Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you
Customer: replied 5 months ago.
ok thanks
Expert:  Ash replied 5 months ago.

Thanks. Alex

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