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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 6137
Experience:  Senior Associate Solicitor
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I have someone wanting to take me to a small claims court. I

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Hello. I have someone wanting to take me to a small claims court. I recently started the process of my house renovation. I had instructed a Architect and was made a wear of needing a party wall agreement with my next door neighbor. My architect sort out mine for around £800. However my evil next door neighbors went and got there own Chartered Surveyor. It’s outrageous. I never met the man. Supposedly he never visited the next door neighbors home. Got a under study and charged for 10 hours work at his own doing rate at a cost of nearly £2000. My own Architect said it’s a standard 7 hour job and have been taken for a ride. She even tried to reason with him and he stated he under charged as he was going to charge for 12 hours. I feel this is an utter disgrace and have been set up. I have zero intentions of paying him. However. I would like to know how and what I can do when I am served with legal papers...
Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: None. He sent an email saying if I don’t pay him in a week or so he will make a claim
Assistant: Where is the house located?
Customer: London
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: Is there any way I don’t have to pay

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

If they start a claim against you then the court will send you a "response pack". That allows you to acknowledge receipt of the court papers and fill out a defence. It is vita you fill this out as soon as possible and return to the court without delay. You cannot stop him from issuing a claim - you can only defend the claim and if your defence succeeds then his claim will be dismissed. Your defence would based on the fact the neighbour did not consult with you and simply instructed their own expert at huge cost. It is easy to defend a small claim - just ensure you deal with the response pack as a priority. Once you send that to the court you will receive court directions (dates) which dictates how the claim will proceed ultimately leading to a final hearing if the case does not settle.

I hope this helps - if you can please accept the answer and give me a 5 star rating (the top right of your screen & then click “submit”), I can answer follow up Q&A's at no extra charge and I will be credited for helping you today.

Many thanks,

Jim

JimLawyer and 5 other Law Specialists are ready to help you
Customer: replied 13 days ago.
Hi thanks for this advice. What evidence should I get from my own Architect? Would you be willing to write me my defence statement to the court with the evidence I can get. ?