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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have been issues with an Addendum to a Party Wall Award which

Resolved Question:

I have been issues with an Addendum to a Party Wall Award which calls on me to pay my neighbour £2400 for alleged damage to his property while having building work which ended Oct 2013. i want to appeal against this under Section 10 (17) of the Party Wall Act but how do I go about doing that? Is it through a Court form ?
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Do you need to know which court forms to use please?
Customer:

Yes please if this is how I appeal the Addendum.

Alex Watts : Yes. You need to apply to the court.
Alex Watts : You complete form n208
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf
Alex Watts : The court issues the claim and a copy is sent to the other side.
Alex Watts : The matter is set down for a hearing and a judge will either make a determination it give directions for a final hearing.
Alex Watts : Then if there is a final hearing the judge makes up his mind.
Alex Watts : This is how you appeal.
Alex Watts : Can I claiify anything for you about this today please?
Customer:

Thanks for this - if I fill in the claim and then change my mind and settle, what would be the consequences?

Alex Watts : If the claim is issued you would be responsible for the other sides costs to date.
Alex Watts : Does that clarify the position?
Customer:

Yes thanks

Alex Watts : Can I help with anything else today?
Customer:

I have more questions relating to this. Is the appeal time 14 days from the issue of the Addendum or the receipt of it?

Alex Watts : Yes 14 days
Alex Watts : (17)Either of the parties to the dispute may, within the period of fourteen days beginning with the day on which an award made under this section is served on him, appeal to the county court against the award and the county court may—
Alex Watts : (a)rescind the award or modify it in such manner as the court thinks fit; and
Alex Watts : (b)make such order as to costs as the court thinks fit.
Alex Watts : Does that answer your question today, or do you need more help?
Customer:

The Addendum was sent to me by post. It was sent on the 12th Sept by the PW surveyor but I did not receive it until 17th. Do I have 14 days from 17th?

Alex Watts : From 12th. It's date of award
Customer:

The Addendum is dated 1st Sept! The work was finished at the beginning of Oct 2013!

Alex Watts : posted on 12th sept, deemed served on 15th sept,
Alex Watts : so 14 days from 15th sept
Alex Watts : hold on let me work out the days as they fall over a weekend.
Customer:

Ok - so it's working days then?

Alex Watts : posted 12th, deemed served, excluding Saturday and Sunday, 2 working days later
Alex Watts : deemed served on 16th.
Alex Watts : you have 14 days from 16th
Customer:

ok

Alex Watts : So you need to lodge by 30th at court.
Alex Watts : Does that help?
Customer:

I have lots of other questions but it seems unfair to keep you on a Friday evening!

Alex Watts : haha thanks!
Alex Watts : If this answers your question for now might I invite you to rate my answer, the button should be at the bottom of the screen.
Customer:

Can I resume this directly with you over the weekend at a time to suit?

Alex Watts : If you have more questions you can post them for my attention Alex W
Alex Watts : I am on and offline over the weekend
Customer:

Excellent Alex - I will be in contact over the weekend.

Alex Watts : Thank you. If I could invite you to rate before you go.
Alex Watts : Have a good Friday evening.
Customer:

I have tried to contact a solicitor about this but they are either busy or won't touch Party Wall stuff.............. :(

Alex Watts : Indeed. It can be complex.
Ash and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Alex,

Is there a time limit for issuing Party Wall Addendums? The original PW Award was made 25 th July 2013 and this Addendum is dated Sept 1st 2014.

Are you based in/near London?

Kind Regards

Deborah

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