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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I suspect the builders of the housing estate that I have bought

Resolved Question:

I suspect the builders of the housing estate that I have bought a house on did not declare that japanese knotweed is on the land they have built on and are not treating the japanese knotweed that is still on their land - can I sue them?
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Are you sure they knew please?

Customer:

I have not got confirmation yet that they knew it was there, but have asked quoting the freedom of information act (not sure if that will work!) for details of when they knew about it, when they first treated it and how they intend to eradicate it. The company is being very evasive and I only have a name, Tom Humphries, they will not give me a contact number for him or email address. He should have called me today regarding the problem but unsurprisingly didnt!

Alex Watts :

Sadly the Freedom of Information Act does not apply to private builders, this only applies to a public authority

Alex Watts :

However if they knew or reasonably knew then yes you could sue them

Alex Watts :

You would be able to sue for the cost of disposal.

Alex Watts :

You would need to get a number of quotes for putting the work right

Alex Watts :

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 recorded delivery and keep a copy.

Alex Watts :

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.

Alex Watts :

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.

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thanks for your clear advice, I will be chasing these points up.

Alex Watts :

Thanks - good luck with this

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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Customer:

Thank you Alex, it says I cant leave feedback until finished answering. I am happy with your answer and consider it finished.

Ash and other Property Law Specialists are ready to help you
Expert:  Ash replied 3 years ago.
Try now!

Alex

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