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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 26471
Experience:  Senior Partner at Berkson Wallace
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I hope you can. In short, it’s related to a neighbour who in

Customer Question

Hi, I hope you can.
JA: Hi. How can I help?
Customer: In short, it’s related to a neighbour who in the process of painting her side of our fence, sprayed abundantly on two of our cars, the house’s windows- panes and frames, and the kitchen’s back door. They did not let us know beforehand, not after, so the paint set until we noticed it. When talking to them, they asked if we wanted them to wash the car (sic), but I wasn’t confident as they wanted to use a solution they already had about the house. I was afraid that they would cause damage to the car paint.
JA: Where are you? It matters because laws vary by location.
Customer: West Midlands, B32 area.
JA: What steps have you taken so far?
Customer: We washed the cars at the car wash, used al the accessories of our own pressure washed at home, too. Some of the paint came off, but there is still plenty everywhere.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The neighbours live in a council house. I guess that’s all I can think of so far.
Submitted: 17 days ago.
Category: Law
Expert:  Stuart J replied 17 days ago.

Hello. Thank you for the question. My name is Stuart. It is my pleasure to assist your with this today. I have been in the legal profession, in high street practice, for 30 years so I have wide range of experience in a great many different aspects of law. Please bear with me as I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

Expert:  Stuart J replied 17 days ago.
Is the paint on your car(s)?

and how did you not see when she was doing it?

Expert:  Stuart J replied 17 days ago.

You have a claim against the neighbour in common law negligence.

It will help if I explain how claims in negligence arise.

There needs to be

1. a duty of care

2. the duty of care needs to be breached

3. as a result of the breach there needs to be loss or injury

4. the loss or injury resulting from the breach must be reasonably foreseeable.

In order for there to be a claim in negligence, all 4 heads have to be satisfied.

In these circumstances in my opinion you have a claim.

You can’t beat the neighbour with a blunt instrument until they pay up and if they don’t, your only remedy is taken to court. I would start by getting a quotation for fixing everything and telling them that’s what you want. If they don’t pay up when your deadline expires tell them that you are going to take them to the County Court and this is their last chance.

The new Moneyclaim beta system is easy to use: https://www.gov.uk/make-money-claim

the new system is much better than the old government Gateway system.

You can prepare the proceedings now, at your leisure, save them, and then just pay the fee and press the button when the deadline in your letter before action, expires.

It's then just a case of following the court process and responding to any emails that you receive.

Thank you for letting me assist you with your legal question. I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Stuart

Customer: replied 17 days ago.
Hi, Stuart, many thanks for your swift and helpful reply!
Expert:  Stuart J replied 17 days ago.

Thank you. I appreciate the kind comments.

If you don’t have any further questions, I will mark this question thread as complete but don’t worry, the thread stays open if anything else crops up over the course of the next days weeks or months. I’m glad that I was able to help. Thank you for trusting Just Answer with your legal problem. Kind regards Stuart


Expert:  Stuart J replied 17 days ago.

It's my pleasure to help. I’m glad that I was able to help so far.

Thank you for trusting Just Answer with your legal problem.

Can I help you any further with this?

I'm happy to clarify anything which is outstanding. Please don't hesitate to ask.

Kind regards

Stuart

Expert:  Stuart J replied 16 days ago.

Hello again.

If you don’t have any further questions, I will mark this question thread as complete but don’t worry, the thread stays open if anything else crops up over the course of the next days weeks or months.

I’m glad that I was able to help.

Thank you for trusting Just Answer with your legal problem.

Kind regards

Stuart