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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 5462
Experience:  Senior Associate Solicitor
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I need some advice please, im based in the u.k, I've been

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Hi
JA: Hi. How can I help?
Customer: I need some advice please
JA: Where are you? It matters because laws vary by location.
Customer: im based in the u.k
JA: What steps have you taken so far?
Customer: I've been doing my own research
JA: Anything else you want the Lawyer to know before I connect you?
Customer: how serious is signing an agreement under duress and how to stop my neighbours ripping me off because of it
Customer: replied 5 days ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 5 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 5 days ago.
is there anyway I can send you details of the letter I sent to the defendants solicitor?
Customer: replied 5 days ago.
is there s charge to speak via Live phone call chat??

Hello, my name is Jim and I am a qualified lawyer happy to help you today.

Signing under duress renders a contract void - can you please give me further details of the situation?

 

Customer: replied 5 days ago.
Hi jim, we had an extension starting in 2014 so my husband paid my neighbour a vist..my neighbour became very aggressive and reacted to the news of our upcoming build very negatively. Anyhow my builders started demolishing my garage and my neighbours wife stoid infront of my garage trying to stop my builders from demolishing and claimed my garage which also was a boundary ( outer wall) to be hers. They had a oil tank which had stopped working in 2009 as they had changed their entire oil system to a central heating system. Soo, when it came to mid level my builders needed to order a scaffold and he decided to pay my neighbours a visit. My neighbours refused my build to go up any further so my builder made arrangements between themselves and made a few promises directly between themselves. My builder had told me that my neighbours would require a wall back in its place and it will cost in the region of 1,000 £ so i agreed verbally wirhout knowing that my builder may surprise in the upcoming days. My neighbour prepared an agreement( which i just found out last week) that it was her whom drafted the agreement and on the agreement there were alot of benefits towards my neighbour and there was no value or expenses and this i was faced with Thursday 4th Dec 2014 at 8am whilst i was tending to my children to drop off to school. I refused to sign, my said if I didnt sign tge neighbours would not allow the scaffold and he would have to stop the build and that me and my husband would incur charges of £4000+ vat towards the builders as I had signed a vobtract for the new build. I told the builder that i would come back and sign as it was toi soon for me but he was adamant it is now or never so i signed with the mist utter grief and duress, distress. I realised later when my build was complete and scaffold was off, i was invoiced and charged to remove my neighbours oil tank to which i paid £1350 exc vat.
My neighbours have since tried to add extras on as the agreement stated i eould be using my former builder and that i would be compelled to satisfy my neighbours property by reinstating something that was never damaged, badically to give them a designer garden on my expense. Not to mention any damages that would be caused to my build. I refused to act on the agreement as i felt both my neighbour and builder were trying to take me and my husband for a ride
So, i tried to meet with my client and sort this greed tbey were adding on, i got my surveyors report and paid 450 because my neighbour claimed it was her wall not mine. She refused to negociate with me and demanded many extras that diverted from the original agreement so i refused to do anything about although i had several quotes from other builder so we could settle this side of my neighbours and move on. My neighbours refused a the time. I kept quiet until i heard from their solicitor, i have replied within 14 day s of their threat to build on my land if i dont reply within the 14 day then my neighbours would drag me to court and retrieve any legal costs including damages.
In my response to the solicitor I have told him that my agreement should be void under the circumstances but to keep a relationship wuth my neighbours i was still trying my best to please. I have forwarded all builders quotes, my property documents, surveyors reports and have offered to build a 2 metre wall, but after the build of the wall it would be iwned by my property. My neighbours have since become very agreesive and been caught damaging my property to which ive had to seek the help of the police only because they are angry why i jyst dont sinply give them a wall to keep. I am frusterated and my neighbours are making mine and my famies life hell. I am worried he will start buildibg on my land , he has in the past history of breaking the law and i feel he will do the same on my land. I have not heard from his solicitor and theur 14 days is running out on the 14th Oct.

Sorry, I cannot take a call at the moment. If no one calls you then you will not be charged for it. However, the call request is open to all experts - if you want to cancel the call then please send an email to [email protected]com. I can continue with the question online if that suits?

Thanks for that, it sounds like a bad situation - with the damage then you can press the Police to step in but if they can't for some reason then you can apply to the local county court for a civil injunction which costs £308 but you can ask the cost to be paid by the neighbours - if they breached the terms of the injunction then the court would hold them in contempt which is likely to result in a custodial sentence.

I would contest the neighbour's claim because as you rightly point out the agreement was signed under duress, so it makes the contract voidable (meaning you can set it aside and no longer be bound by its terms).

I do not think that any alternative dispute resolution such as mediation would work here due to your neighbour's behaviour and various threats/criminal actions.

You may want to wait until the 14th and deal with the claim - you can easily defend the claim in my view. You can come back here for further guidance if you need it - the court will send you the documents needed to indicate your intention to defend the claim (known as a "response pack").

Do you want me to help with anything else in the meantime?

JimLawyer and 2 other Law Specialists are ready to help you
Customer: replied 5 days ago.
Hi ok online is fine pls dont worry about the call...
Customer: replied 5 days ago.
Pls could you tell me which forms i need for the county court also how to stop my neighnour from enroaching my land.
Thank you
Customer: replied 5 days ago.
Ok, another quick question pls.... is my situation under duress be accepted in court? Or to put aside? My builder said I was bound by his contractual agreement on my build so I was given no choice? I just need to understand my legal position thats all....
Customer: replied 5 days ago.
Also how do I put the agreement aside? Surely there are procedures and channels to do so...

The contract would be considered flawed (due to duress). In terms of the injunction, I will set out the procedure in my next message.

The contract would be void so you just need to tell the parties to the contact this is your position.

In terms of stopping the neighbour encroaching, send them a cease and desist letter to warn them of your intentions unless they stop (and give them 7 days to stop their conduct). A template “cease and desist” letter is available at www.lawdepot.co.uk. You can use your own letter if you wish - it just has to make it clear this is a cease and desist letter, that you demand they stop their conduct, and that if they do not within 7 days you will apply to the court for the injunction and seek your costs.

That letter may well be enough to stop the conduct - as an injunction is a serious legal remedy.

Assuming they continue, you will need to complete the attached N208 claim form (to start proceedings) and the application for an injunction N16a form and send to your county court with a fee of £308 payable to HMCTS (unless you have a low income/low savings and/or you are in receipt of benefits in which case you can get a fee exemption so you do not have to pay).

For a fee exemption you need to also send to the court form EX160 (also attached). If you do not qualify for the fee exemption, you can pay either by cheque or attend the court and pay at the counter. You will need to prepare a witness statement to accompany the form. A template is attached for you to use.

You will need to detail the history of the issues with the neighbour to paint a picture for the Judge as they will not know what this neighbour is like unless you describe it.

If the injunction application is successful you can ask the court for a costs order to be paid by the neighbour.

The court will list a hearing where you attend and ask the District Judge for an order and the injunction.

If granted, the Order is then served on the individual concerned and they are bound by the court order - if they breach the order, they are in contempt of court and could well face a fine and a prison term.

If you want to draft the application then I can check it before you send it. The cease and desist letter may work so you may not need to apply but if you do, come back here and I will gladly check it for you.

I recommend you go to the court in person with the forms to ensure they are correct - they are fairly complex so it would save time by you doing this - the court staff should check them before they issue the papers.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button at the top of your screen to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim


Customer: replied 3 days ago.
Hi Jim, i just wanted to ask if I was within my rights to ask for confirmation from my neighbors that I will own the wall if it were to be built on my boundary? Ive still not received a reply from their solicitor and feel it is because my neighbours want us to build them a wall which they will assume they will own.
I am in the process of considering whether I should rescind the agreement ( considering) under the circumstances I was compelled to sign. I am just preparing my options for when I receive a reply that's all.
Please don't feel you have to reply to me today considering it is a wkend.
I thought I should forward a few more questions before i get a reply from them ( as I'm thinking)
* What if my neighbors refuse to confirm that I will own the wall after it is built? What can I do to have this on paper? My neighbor will keep abusing and intimidating me by drilling cable wiring, throwing rugs and so on...
* How can I put an end to this, by building a wall even though my neighbors may not let me reinstate their side?
* If I notify their solicitor that my agreement is null, how can I start the letter and what is " under jurisdiction" mean to include in a letter of void agreement ?

Many thanks Jim

Hi,

The issue is that the wall (if on your boundary) would be your property unless there is an agreement to say otherwise.

If they refuse to confirm that you own it, you can ask the court by way of the N208 (Part 8) claim form - you issue the case in court and yes you can apply for the injunction but you can also apply to ask the court for a declaration as to ownership of the wall. A surveyor's report would be needed to assist the court.

The only way to put an end to this is the injunction for harassment (in my view). The injunction can cover the reinstatement on your side too - so is a useful tool in these circumstances.

 

Customer: replied 3 days ago.
Hi thanks for that. But the form needs information on solicitors details for that and I don't have a solicitor!

Which form? You can use them as a litigant in person - no solicitor is needed.

There is a space for solicitor details but that is in case you are legally represented

Customer: replied 3 days ago.
I need just one form that covers ownership of my wall and injunction against my neighbour to stop causing damage. Also this form needs to be able to let me build my wall.
Customer: replied 3 days ago.
Also what is your charge to fill the form on my behalf/ from me so I can send with my surveyors report?

Hi there, I can't do that I am afraid as this is a Q&A site and solicitor-client relationships are not allowed. I can check it for you if you want to draft and I can suggest any amendments if required. The other option is to take the forms to the court and hand-write them - the staff will check to ensure they are correct.

The N16a injunction form allows you to ask for those remedies so you can put them in for the judge to consider alongside the surveyor's report

Customer: replied 3 days ago.
There is alot of legal jargin and I really don't have the time to make any mistakes...
Customer: replied 3 days ago.
Thats ok no problem.
Can I also request my neighbors to pay for the court fee's if I fill the form in myself?
Customer: replied 3 days ago.
Pls let me know how I can forward for you to check before I submit
Customer: replied 3 days ago.
Do you think under the circumstances the court will okay my request? I'm worried it may well be a waste of my time and money.

Yes, you can do as the reason why you are using the court is due to their conduct, so the judge is likely to order the fees are repaid by the neighbours.

If you could post a new question on this site (no extra charge if you are a member - new questions are included in membership), mark it for my attention (FAO:JIM) then I can pick them up.

I would go with the court action - the judge will just need to see that there is a situation with the neighbour and you have tried to resolve it outside of court. Based on what you have said I am sure the judge will agree with you. It is a pain to do (involve the court) but it's a few forms and the court will list a hearing (just you, the judge and if the neighbour wants to attend, they can too). You could attend yourself or use an advocate (LPC Law is recommended) if you don't like the prospect of speaking to a civil court judge. They are usually practicing solicitors or barristers so it's not as bad as you might think

Customer: replied 3 days ago.
Thank you.
Customer: replied 1 day ago.
Hi, i have not received a response from my neighbour's solicitor. Can I download the agreement for you to read through. Ive had an issue with my neighbour throwing bricks at my property today also taken some pictures. My extension looks pretty bad from the side, the side only my neighbour can have free access on i was considering to rescind the agreement but can't until you ve read it- there are a few elements missing on it.
Thanks

Hi there, if you could please post a new question to the site and upload the agreement. You can mark the question "FAO:JIM". It doesn't cost extra to post new questions if you are a member.

The upload guide is here:

http://ww2.justanswer.com/help/how-do-i-send-photo-or-file-expert-hl

Customer: replied 24 hours ago.
Hi, I have just sent an attachment but getting a message that is question is now closed?

OK, if you can please post a new question in that case (it won't cost extra) and upload the attachment

Customer: replied 24 hours ago.
FAO Jim

Thanks, that looks like a binding agreement in my view. As I say if you can post a new question on the site as I answered the initial question regarding duress and we have moved on somewhat from that initial question.

Many thanks

Customer: replied 23 hours ago.
FAO jim, yes just wanted to know if I was in a position to declare under duress on this agreement and move on to my next step.
Customer: replied 23 hours ago.
FAO Jim sorry to be a pain, how am I suppose to ask questions on previous post if I am asked to download a new question? I know I have previously dpoken to you about my situation but did nt show any evidence so, just abit confused thats all?!..
Customer: replied 23 hours ago.
FAO as the wall is going to be built on my land should the bricks match my neighbours property?
Customer: replied 23 hours ago.
FAO jim I would like to know if I am in a position to resvind this agreement.
Thanks