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Being pursued for cost of replacement fence

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  • Being pursued for cost of replacement fence

    Almost 15 months ago, the guy that lives in the house behind ours came round and told us he was having the fence at the back of our garden replaced the following day and asked us to not let the dogs out. He also asked if we’d contribute to the cost and I said we couldn’t afford to at the time but we would be willing to when we could afford it.

    There was no discussion prior to him arranging for the fence to be replaced, and no discussion about cost.

    The following day, the fence was replaced and all the labels have been installed with the ‘nice side’ facing them.

    A week or or so later, they came round with a receipt for the cost of the fence panels and posts and told me our of the overall cost was £368 (for 6 fence panels, concrete bases and 7 posts). We were shown no receipts for the labour costs.

    Again, I reiterated that we can’t afford to contribute at the time and would contribute when we could afford to but at no time agreed to the £368 (although we didn’t dispute it either).

    A couple of weeks ago, he knocked on our door and got quite irritated when I told him we still couldn’t afford to contribute. His wife then contacted my place of work via Facebook, asking what we do when someone doesn’t pay what they owe.

    I responded saying that I’ve not said I don’t want to contribute, and explained that the receipt that they showed us shows 50% of the fence visible from our side comes to £140. I offered this as a voluntary contribution and said that we could pay this over three instalments. I then asked for evidence of the labour costs so I could see what we could offer towards that.

    This was met with a response (a week later) stating that if I don’t pay the £368 right away, they would issue a court claim against me and informed me I would then have costs to pay

    I replied (rightly or wrongly) saying that my offer of £140 was now withdrawn and if they wish to pursue it through court, please do.

    3 days later, they filed a claim with moneyclaim online which has now arrived at my house.

    The claim states ‘we had new fencing erected between our properties of which there were 3 neighbours. He was consulted if he would make his contribution to which he agreed. This was June 2017. Despite asking for the payment even in instalments he has not refunded us for what we have paid out as agreed.’

    I would like to fight this because firstly we never had any discussion as to the type of fence or the costings before the fence was erected and have always said we would make a ‘contribution’ when we could afford it. We have never specified how much we would contribute until the voluntary contribution I offered a couple of weeks ago and the cost of ‘our share’ is his assumption as to how much we should be forced to pay.

    One would hope that you cannot simply decide to spend £368 of a neighbours money at your own will.

    We are currently experiencing financial difficulties and finding it hard enough to pay our mortgage let alone agree to pay £368 for a fence that we never wanted nor asked for.

    Any help would be extremely appreciated.

    Tags: None

  • #2
    Goodness. Neighbours and fences are a pain in the bum aren't they. No they can't just replace a fence and then decide to invoice you for it.

    Could you post up the Particulars of Claim from the claim form please or is this the whole claim?
    ‘we had new fencing erected between our properties of which there were 3 neighbours. He was consulted if he would make his contribution to which he agreed. This was June 2017. Despite asking for the payment even in instalments he has not refunded us for what we have paid out as agreed.’
    Has your other neighbour paid do you know?

    Okay. Well, Acknowledge the claim with intent to defend in full. This extends the time you have to sort out your defence ( I don't believe you'll need it, but it will tell your dear neighbour that you aren't just going to panic and pay because he spent 10 minutes filling a claim in online ) - see here Acknowledge Claim

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    Comment


    • #3
      In addition to what’s posted above from the claim form, the only other bits are:

      Timeline of what happened:
      June 2017 - Asked if he would contribute
      June 2017 - Work carried out
      July 2017 - Asked for payment
      September 2018 - Requesting payment over previous 12 months to no avail.

      As his evidence he has specified he has:
      - Letters, Emails and other correspondence of initial calculations and costings.
      - receipts for fencing and posts
      - receipts for labour costs.

      Claim amount: £368 and is wanting to claim 8% interest up to the date of judgement.

      Comment


      • #4
        Sorry forgot to say, he has told me the other neighbour paid almost immediately

        Comment


        • #5
          I responded saying that I’ve not said I don’t want to contribute, and explained that the receipt that they showed us shows 50% of the fence visible from our side comes to £140. I offered this as a voluntary contribution and said that we could pay this over three instalments. I then asked for evidence of the labour costs so I could see what we could offer towards that.
          Was this in writing and do you have a copy of this and of the receipt ?


          --------------------------------------------------------------------------------------
          1: It is denied the Claimant is entitled to the sums as claimed or at all.


          2: It is admitted that the Claimant erected a new fence on the boundary between our properties on xx June 2017.

          3: It is denied there was any agreement in place between myself and the Claimant to remove, erect or pay for any replacement fence on the boundary.

          4: ..............






          “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

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          Comment


          • #6
            Originally posted by gazfocus View Post
            Sorry forgot to say, he has told me the other neighbour paid almost immediately
            Maybe check that with the other neighbour.

            Timeline of what happened:
            June 2017 - Asked if he would contribute
            June 2017 - Work carried out
            July 2017 - Asked for payment
            September 2018 - Requesting payment over previous 12 months to no avail.
            As his evidence he has specified he has:
            - Letters, Emails and other correspondence of initial calculations and costings.
            - receipts for fencing and posts
            - receipts for labour costs.
            Where has he said that ? Is that on the claim form? ( can you do a picture of the claim form pls and redact personal info then post it up here )
            “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            FORUM: How to upload PICTURES and DOCUMENTS
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            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

            Find Solicitors offering fixed fees on our sister site - JustBeagle.com

            Comment


            • #7
              If it is in his statement of case you can send this letter - CPR 31.14 Request

              listing those documents he has mentioned.
              - Letters, Emails and other correspondence of initial calculations and costings.
              - receipts for fencing and posts
              - receipts for labour costs.
              “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              FORUM: How to upload PICTURES and DOCUMENTS
              FORUM: How to find your Posts & Threads
              FORUM: How to Change your Avatar

              If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

              Find Solicitors offering fixed fees on our sister site - JustBeagle.com

              Comment


              • #8
                Originally posted by Amethyst View Post
                [h=3]

                Was this in writing and do you have a copy of this and of the receipt ?
                It was, yes. It was via a Facebook message that I sent to his wife (which she replied to).

                Comment


                • #9
                  Fence? joint an several on deeds????? i.e. boundry fences??

                  Comment


                  • #10
                    Originally posted by Amethyst View Post

                    Maybe check that with the other neighbour.


                    Where has he said that ? Is that on the claim form? ( can you do a picture of the claim form pls and redact personal info then post it up here )
                    Please see attached:

                    Comment


                    • #11
                      Originally posted by MIKE770 View Post
                      Fence? joint an several on deeds????? i.e. boundry fences??
                      As I understand it, title deeds so not show liability of fence, only liability of a boundary (and besides, not always shown). I also understand it is completely legal to have no fence at all so should the deed show any responsbility of the boundary, I am still not legally obliged to pay for a fence the neighbour chose to have erected.

                      Comment


                      • #12
                        Originally posted by gazfocus View Post

                        Please see attached:
                        Thanks, I haven't seen that format for a claim before I have to say - is that what you received from the court ? could you do a pic of the first page ? ( cover your details )

                        This is more what I'd expect...
                        Click image for larger version

Name:	2018-09-15 13_00_28-Cortana.png
Views:	2
Size:	294.6 KB
ID:	1423971
                        “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                        FORUM: How to upload PICTURES and DOCUMENTS
                        FORUM: How to find your Posts & Threads
                        FORUM: How to Change your Avatar

                        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                        Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                        Comment


                        • #13
                          Originally posted by gazfocus View Post

                          It was, yes. It was via a Facebook message that I sent to his wife (which she replied to).
                          Will need to post a copy of that to see what, if anything, was actually agreed and if it has created a cause of action.
                          “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                          FORUM: How to upload PICTURES and DOCUMENTS
                          FORUM: How to find your Posts & Threads
                          FORUM: How to Change your Avatar

                          If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                          Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                          Comment


                          • #14
                            Originally posted by Amethyst View Post

                            Thanks, I haven't seen that format for a claim before I have to say - is that what you received from the court ? could you do a pic of the first page ? ( cover your details )

                            This is more what I'd expect...
                            Click image for larger version

Name:	2018-09-15 13_00_28-Cortana.png
Views:	2
Size:	294.6 KB
ID:	1423971
                            Yeh its a first for me too. The remaining pages are below (other than the last page which just has the figures on).

                            Comment


                            • #15
                              Originally posted by Amethyst View Post

                              Will need to post a copy of that to see what, if anything, was actually agreed and if it has created a cause of action.
                              Here's what was said...

                              Hi, as I said to your husband, it’s not a case of not wanting to contribute towards the fence, but I cannot give you what I don’t have. I have said I will give you the money when I have it but we are really struggling at the moment. We have a house sitting empty because we are trying to sell it, so having to pay two mortgages, and we don’t earn a great deal, surviving on tax credits.

                              I don’t want to fall out because I’m not that sort of person and I assure you I will contribute towards the fence as soon as I can.
                              Hi, sent you this on Saturday but not heard back....
                              Hi, further to my message last night, I have sought advice as I genuinely don’t want to fall out with you. I know we’ve only spoken a couple of times but I value good relationships with neighbours and want to remain on good terms.

                              The receipt I have a photo of only shows the cost of the fence in itself which, for 6.5 panels including base boards and 7 posts comes to £280.23.

                              While I was not given opportunity to have any input into the choice of fence or the cost of installation, I am willing to make a voluntary contribution of £140 towards the cost of the fence panels, boards and posts that can be seen from our garden. However, I would ask that you accept this in instalments which will make it easier to afford (especially as we have other fence panels that are falling apart).

                              With regards to the installation, can I please have a breakdown of the labour costs for the installation please and I will work out what I can afford to offer as a contribution towards that.

                              Thanks and I sincerely hope we can resolve this and still be friends.

                              Comment

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