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Hello my name is ***** ***** I will help you with this.
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 signed delivery and keep a copy.
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.pdfand 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. The Defendant has been negligent and therefore liable given the history you have provided.
Can I clarify anything for you about this today please?
Hi, what I would liked clarified if possible, is, under the circumstances stated, whether you feel my neighbour is responsible and therefore weather a claim in likely to be awarded. Is it reasonable to assume that this event could have been foreseen?
The thing is it could be foreseen. indeed your neighbour could counter sue against the Council for their delay.
In any event, whilst insurance may not cover an act of God, had it not been for the tree on his land, the accident would not have happened
Thank you, Alex. Does that mean that he will have to pay me and either get AXA to honour their third party liability insurance or claim off the council - but I will be paid for the damage by him following the court hearing?
Yes. It may be that he brings in Axa or Council as part of these proceedings as a small claim
OK, the key thing then is that he is liable because he should have foreseen this event and I should win the case if it goes to the small claims court?
Can I copy this thread or is it sent to me by email? Thank you so much for your help.
Once you rate the format changes so you can copy it
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