Tweet
Evening all, I was wondering if anyone could help shed any light on this matter? Sorry for this being so long winded.
We are having to take our neighbour to court for a dispute that has been ongoing for 2 years.
The claim is about damage caused to my parents property (1930 semi) because of the neighbours building work (loft conversion and chimney breast removal)
We bought the matter to them straight away but they refused to do anything until we got a solicitor involved, they admitted that there was no party wall agreement, they're replies always consisted of them wanting more evidence and saying that we had a dog 20 years ago and that they never complained when the dog barked and how they feel like a victim because the adjacent neighbors are also having worked on their property but my parents aren't complaining about that. (I'm still unsure what the dog has to do with the roof) and a long list of other things that weren't true, but they said that they would happily repair any damage that was caused by their build if we could produce evidence, every time we produced any kind of evidence and quotes they was never good enough and they wanted more.
When we tried to speak to them the family would spill into the street and start getting heated.
I reached out and we set up a meeting and agree to sit down and talk about the issues and I advise that I was recording the meeting just to cover all bases they said they wanted to go to court and let the judge decide who was right. When i left their property they called the police (no crime had been committed)
More months passed and we got another solicitor, surveyors report and issued pre-action proceedings via a different solicitor. The neighbour replied to the pre-action letter stating "they deny all the allegations and will be instructing their own structural engineer and we will be hearing from their solicitor in due course" 10 months passed and we never heard anything else in regards to reaction.
Because the damage to our property was getting worse we issued court proceedings.
The bones of my claim were that the neighbour was never willing to cooperate and would become abusive if we try to talk to them, damage has been caused to our property, the roof has been raised without any kind of planning permission leaving their roof higher than ours, we weren't informed of the work being carried out until two days before, there was no party wall agreement in place.
Most recently their solicitor tried to get our claim struck out, the week when they found out they hadn't been successful the defendant rang the council to complain about antisocial behavior and intimidation (the council closed the complaint and said we have done nothing wrong and if we feel threatened or intimidated call the police and said it raises concerns for my parents welfare.
In the defence she states that she denies the whole of our claim yet previously she admitted to having no party wall agreement and makes out that we just filed court proceeding (we follows pre-action protocol) as far as I'm aware our neighbor has only shown the solicitor the filed claim. And Not all the information they are in possession of that we have sent over the last 2 years.
Thankyou
DEFENCE
Below is a redacted copy of their defence. Between points d - e there is a huge chunk missing about serving our surveyors report.
1. In this Defence references to paragraph numbers are references to the Claim Form, dated xxx 2023, and the word document attached to the Claim Form, unless stated otherwise.
2. To the extent that this Defence adopts any definitions, abbreviations or headings used in the Claim Form, the same is done for convenience only and no admissions are made by such use.
3. Save as hereafter expressly admitted, the Defendant denies each and every allegation in the Claim Form and word document as if each allegation was set out individually herein and denied in turn.
4. The Claim Form and attached word document is defective since it fails to plead a recognised cause of action. As such, the Defendant asserts that the claim be struck out as disclosing no cause of action. Failing a strike out Order being made by the Court, the Defendant invites the Court to Order that the Claimant file and serve fuller and better Particulars of Claim, specifically setting out the cause of action alleged to be held by the Claimant.
5. Furthermore, the Claim Form makes reference to a number of spurious, inconsequential matters. For instance, the Claimant alleges that he received a visit from the police regarding threats made. In respect of these matters the Defendant considers them irrelevant to the nature of the Claim and makes no averments in respect of such.
6. Without prejudice to the foregoing paragraphs, the Defendant relies upon the following facts:
a) It is admitted that shortly before xxx 2021 the Defendant instructed builders to carry out works to her property, namely a loft extension;
b) It is further admitted that the Claimant raised some concerns regarding the build whilst it was being carried out;
c) Additionally, since completion of the works, the Defendant admits that the Claimant continued to raise alleged issues which he claimed were caused by the works performed on the Defendant's property;
d) The Defendant denied the alleged issues and asked for evidence to support the purported claims; and
e) The Claimant then proceeded to issue proceedings.
7. Given the above, the Defendant denies any liability to the Claimant.
We are having to take our neighbour to court for a dispute that has been ongoing for 2 years.
The claim is about damage caused to my parents property (1930 semi) because of the neighbours building work (loft conversion and chimney breast removal)
We bought the matter to them straight away but they refused to do anything until we got a solicitor involved, they admitted that there was no party wall agreement, they're replies always consisted of them wanting more evidence and saying that we had a dog 20 years ago and that they never complained when the dog barked and how they feel like a victim because the adjacent neighbors are also having worked on their property but my parents aren't complaining about that. (I'm still unsure what the dog has to do with the roof) and a long list of other things that weren't true, but they said that they would happily repair any damage that was caused by their build if we could produce evidence, every time we produced any kind of evidence and quotes they was never good enough and they wanted more.
When we tried to speak to them the family would spill into the street and start getting heated.
I reached out and we set up a meeting and agree to sit down and talk about the issues and I advise that I was recording the meeting just to cover all bases they said they wanted to go to court and let the judge decide who was right. When i left their property they called the police (no crime had been committed)
More months passed and we got another solicitor, surveyors report and issued pre-action proceedings via a different solicitor. The neighbour replied to the pre-action letter stating "they deny all the allegations and will be instructing their own structural engineer and we will be hearing from their solicitor in due course" 10 months passed and we never heard anything else in regards to reaction.
Because the damage to our property was getting worse we issued court proceedings.
The bones of my claim were that the neighbour was never willing to cooperate and would become abusive if we try to talk to them, damage has been caused to our property, the roof has been raised without any kind of planning permission leaving their roof higher than ours, we weren't informed of the work being carried out until two days before, there was no party wall agreement in place.
Most recently their solicitor tried to get our claim struck out, the week when they found out they hadn't been successful the defendant rang the council to complain about antisocial behavior and intimidation (the council closed the complaint and said we have done nothing wrong and if we feel threatened or intimidated call the police and said it raises concerns for my parents welfare.
In the defence she states that she denies the whole of our claim yet previously she admitted to having no party wall agreement and makes out that we just filed court proceeding (we follows pre-action protocol) as far as I'm aware our neighbor has only shown the solicitor the filed claim. And Not all the information they are in possession of that we have sent over the last 2 years.
Thankyou
DEFENCE
Below is a redacted copy of their defence. Between points d - e there is a huge chunk missing about serving our surveyors report.
1. In this Defence references to paragraph numbers are references to the Claim Form, dated xxx 2023, and the word document attached to the Claim Form, unless stated otherwise.
2. To the extent that this Defence adopts any definitions, abbreviations or headings used in the Claim Form, the same is done for convenience only and no admissions are made by such use.
3. Save as hereafter expressly admitted, the Defendant denies each and every allegation in the Claim Form and word document as if each allegation was set out individually herein and denied in turn.
4. The Claim Form and attached word document is defective since it fails to plead a recognised cause of action. As such, the Defendant asserts that the claim be struck out as disclosing no cause of action. Failing a strike out Order being made by the Court, the Defendant invites the Court to Order that the Claimant file and serve fuller and better Particulars of Claim, specifically setting out the cause of action alleged to be held by the Claimant.
5. Furthermore, the Claim Form makes reference to a number of spurious, inconsequential matters. For instance, the Claimant alleges that he received a visit from the police regarding threats made. In respect of these matters the Defendant considers them irrelevant to the nature of the Claim and makes no averments in respect of such.
6. Without prejudice to the foregoing paragraphs, the Defendant relies upon the following facts:
a) It is admitted that shortly before xxx 2021 the Defendant instructed builders to carry out works to her property, namely a loft extension;
b) It is further admitted that the Claimant raised some concerns regarding the build whilst it was being carried out;
c) Additionally, since completion of the works, the Defendant admits that the Claimant continued to raise alleged issues which he claimed were caused by the works performed on the Defendant's property;
d) The Defendant denied the alleged issues and asked for evidence to support the purported claims; and
e) The Claimant then proceeded to issue proceedings.
7. Given the above, the Defendant denies any liability to the Claimant.
Comment