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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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An aggregate company delivered aggregate to my property and

Customer Question

An aggregate company delivered aggregate to my property and damaged my walls in doing so. Where do I stand.
Submitted: 11 months ago.
Category: Property Law
Expert:  Ash replied 11 months ago.

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

What is the cost of repair please?
Alex

Ash and other Property Law Specialists are ready to help you
Customer: replied 11 months ago.
No idea we haven't got as far as who is to blame, ***********
Customer: replied 11 months ago.
The company delivering are blaming the company doing the ground work. Th agg company are saying that because the ground workers asked for stone to be tipped on drive that the responsibility if walls are damaged on way in lays with those who asked for the stone to be brought in.
Customer: replied 11 months ago.
Although that disclaimer but wasn't said before delivering.
Expert:  Ash replied 11 months ago.

Sure. Alex

Customer: replied 11 months ago.
If I have questions about same situation do I pay again
Expert:  Ash replied 11 months ago.

No. One fee. Alex

Customer: replied 11 months ago.
I've just rung the agg company based on what your colleague told me. The agg company are refusing that and saying you guys are wrong. Did the other Alex tell you what he'd said?
Expert:  Ash replied 11 months ago.

Yes and I agree. Its the delivery company liable.

Of course what you could do is issue proceedings against both.

That way the court can decide who is liable.

You could do that for the avoidance of any doubt

Does that clarify? Alex

Customer: replied 11 months ago.
Will that mean I'll incur heavy costs in taking them to court
Expert:  Ash replied 11 months ago.

If its below £10,000 then no.

County Court fees are here:

https://www.gov.uk/government/publications/fees-for-civil-and-family-courts/court-fees-for-the-high-court-county-court-and-family-court

There is a hearing fee and issue fee payable.

Does that clarify? Alex

Customer: replied 11 months ago.
Because one of them is liable will I get legal fees back or am I going to be out of pocket here what ever the outcome
Expert:  Ash replied 11 months ago.

Correct. You will get legal fees back from one of them. Alex

Customer: replied 11 months ago.
Ok. Thank you.
Expert:  Ash replied 11 months ago.

Happy to help. Alex

Customer: replied 11 months ago.
Ok I'll leave you to your tea. Ha. Bye
Expert:  Ash replied 11 months ago.

Haha thanks. Good luck and please let me know how you get on.

Remember any claim for £10,000 or under is a small claim.

Alex

Customer: replied 11 months ago.
Will do ok.
Expert:  Ash replied 11 months ago.

Ok. Alex

Customer: replied 11 months ago.
Hi there
Customer: replied 11 months ago.
If we pursue the aggregate company for the damage during delivery, what pursuing them for. Is it a road traffic accident because they've crashed into my wall or personal injury claim same as if they'd hit my car.
Expert:  Ash replied 11 months ago.

Its a claim for negligence. its not a personal injury claim as you have not been injured.

Does that clarify?
Alex

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