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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71042
Experience:  Over 5 years in practice
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My neighbour damaged/destroyed my fence and wall in my back

Customer Question

My neighbour damaged/destroyed my fence and wall in my back garden in 2007 then vacated the property leaving it empty. Us direct neighbours have cared garden and controlled the growth of weeds/grass and tree sake.
One neighbour has undertaken decorative work inside and outside painting of this property and has been told to make a claim payment of funds which have not been forthcoming, now they have decdied to sell the flat.
How can we proceed of funds.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Thank you question. My name is ***** ***** I will try to help with this.
Why didn't you act before now?
Customer: replied 3 years ago.

I have not acted before because I have not known where this girl disappeared to. My neighbour has told me today that he has been contacted because she is now considering selling the property and she has advised him to make a claim against the property so that when it sells she can then pay him. I thought this might be a good opportunity to be reimbursed damage sheand her boyfriend caused.

Expert:  Jo C. replied 3 years ago.
I presume she hasn't been in contact to acknowlege this debt then time?
Customer: replied 3 years ago.

true, she has ignored my letter asking and telling her that I was prepared to go to a solicitor - she moved out soon after.

Expert:  Jo C. replied 3 years ago.
That is not good news.
I am afraid that you are time barred under the Limitation Act 1980 to pursue her now. You had six years from the date of the last acknowledgement of this debt.
You could make an application to extend time under S32 LA 1980 but you will need to show a really good reason. The fact that a person has been hiding is a good reason but she will probably say that she was not hiding but just moved and it was always open to you to use a tracing agent. I'm afraid that might well be accepted.
Ultimately though, your choices are either ot write this off as a bad debt or to sue and try to extend time under S32.
Sorry but I have to give you truthful information.
Can I clarify anything ?
Customer: replied 3 years ago.

Thank you reply

Expert:  Jo C. replied 3 years ago.
No problem.
All the best.