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davewebbsbrain

Webby⭐
Joined
Aug 17, 2005
Messages
22,256
Location
Eastwood
I need some advice from a Solicitor regarding damage to my property.

Basically there is a flat in my Cul de Sac that is owned but rented out and managed by a property company. Some work was done at the property over xmas to the fence and the front garden, which was concreted over. The concrete lorry drove over my front lawn, making a big gouge in my lawn and smashing up my path.

I found who the property management company was and spoke to them. Basically, they have been giving me the run around for 4 months, blaming firstly the fencing company, then the owner of the property. They then say they can't get hold of the owner which I know is poppycock.

2 weeks ago, they told me they had passed on my details to the owner who was going to contact me but I have heard nothing. Went back to them today and asked for the owners details and they said they can't give them to me due to the privacy act etc etc. The only way I can get anywhere apparently is to send them a letter from a solicitor requesting the details for the owner so that I can start to get somewhere.

Where do I stand? Is it possible to ever get anywhere or have I got no protection whatsoever? Are there any other courses of action I can take.
 

Benfleet A1

Hector Of The House
Joined
Jan 19, 2007
Messages
8,339
Location
Slade Prison
I need some advice from a Solicitor regarding damage to my property.

Basically there is a flat in my Cul de Sac that is owned but rented out and managed by a property company. Some work was done at the property over xmas to the fence and the front garden, which was concreted over. The concrete lorry drove over my front lawn, making a big gouge in my lawn and smashing up my path.

I found who the property management company was and spoke to them. Basically, they have been giving me the run around for 4 months, blaming firstly the fencing company, then the owner of the property. They then say they can't get hold of the owner which I know is poppycock.

2 weeks ago, they told me they had passed on my details to the owner who was going to contact me but I have heard nothing. Went back to them today and asked for the owners details and they said they can't give them to me due to the privacy act etc etc. The only way I can get anywhere apparently is to send them a letter from a solicitor requesting the details for the owner so that I can start to get somewhere.

Where do I stand? Is it possible to ever get anywhere or have I got no protection whatsoever? Are there any other courses of action I can take.

Who were the concrete company? You could contact them direct and threaten council action if they don't play ball. The pavement is owned by them afterall.
 

number11

"Good morning everybody........"
Joined
Feb 11, 2005
Messages
5,599
You can get the owners details from the land registry. Simple search costs £4 (I believe).

You need to get a price to 'put right' the damage to your property and issue a letter of claim requesting that amount. I'm presuming the amount of damage will be less than £10,000 and therefore your claim will be a small claim. You complete a form N1 (can be found online) and pay the court fee (fee will depend on amount you are claiming). It is unlikely to be cost effective using a solicitor if the damage is less than £10,000 as only in exceptional circumstances would you be able to recover their costs in a small claim. I'd guess you'd be charged a couple of hundred quid for a solicitor to produce a letter of claim. Obviously you will have to prove who was responsible on balance of probabilities.

Alternatively check out your buildings and contents insurance, or any bank account benefits as some people have legal expense cover as a benefit without even knowing about it.
 

davewebbsbrain

Webby⭐
Joined
Aug 17, 2005
Messages
22,256
Location
Eastwood
You can get the owners details from the land registry. Simple search costs £4 (I believe).

You need to get a price to 'put right' the damage to your property and issue a letter of claim requesting that amount. I'm presuming the amount of damage will be less than £10,000 and therefore your claim will be a small claim. You complete a form N1 (can be found online) and pay the court fee (fee will depend on amount you are claiming). It is unlikely to be cost effective using a solicitor if the damage is less than £10,000 as only in exceptional circumstances would you be able to recover their costs in a small claim. I'd guess you'd be charged a couple of hundred quid for a solicitor to produce a letter of claim. Obviously you will have to prove who was responsible on balance of probabilities.

Alternatively check out your buildings and contents insurance, or any bank account benefits as some people have legal expense cover as a benefit without even knowing about it.

Just the advice I was after. Thank you so much
 

McNasty

Member
Joined
Oct 23, 2003
Messages
16,197
Location
Otley, West Yorks
You can get the owners details from the land registry. Simple search costs £4 (I believe).

You need to get a price to 'put right' the damage to your property and issue a letter of claim requesting that amount. I'm presuming the amount of damage will be less than £10,000 and therefore your claim will be a small claim. You complete a form N1 (can be found online) and pay the court fee (fee will depend on amount you are claiming). It is unlikely to be cost effective using a solicitor if the damage is less than £10,000 as only in exceptional circumstances would you be able to recover their costs in a small claim. I'd guess you'd be charged a couple of hundred quid for a solicitor to produce a letter of claim. Obviously you will have to prove who was responsible on balance of probabilities.

Alternatively check out your buildings and contents insurance, or any bank account benefits as some people have legal expense cover as a benefit without even knowing about it.

Next comes a bill from number11 for £300 for services rendered. :smile:
 

Ricky Otto

President⭐
Joined
Mar 8, 2007
Messages
6,588
Location
Chelmsford
I'm no solicitor but I do work in household insurance and I'd suggest you go through your insurers and let them do the work and recover the costs from the property management company's insurers.
 

MK Shrimper

Well-known member
Joined
Aug 6, 2005
Messages
52,348
Won't it put DWB premiums up?

Alternatively Judge Rinder, or alternatively a baseball bat with nails in it.
 

Sussex Shrimper

Manager
Joined
Apr 19, 2004
Messages
1,674
I'm not a solicitor, but a while ago I thought I was going to have to file a small claim and came across this site, which seems to bring a lot of clarity and accessibility to the process.

Good luck.
 

davewebbsbrain

Webby⭐
Joined
Aug 17, 2005
Messages
22,256
Location
Eastwood
Well I've got the owners address from the Governments Land Registry site for £3. Before I go down the Small Claims route, I am going to get a quote for the repair and hand deliver a letter along with a quote to the owners house, giving him 7 days to respond otherwise I will be off the the Small Claims court. Trouble is, I don't have the actual date, but I did take pics and hopefully that was on the day the damage occured
 

Ricky Otto

President⭐
Joined
Mar 8, 2007
Messages
6,588
Location
Chelmsford
Won't it put DWB premiums up?

Alternatively Judge Rinder, or alternatively a baseball bat with nails in it.

Shouldn't do, depends on whether liability is disputed and whether it can be proven. Wouldn't hurt to ask the insurer, everything has to be transparent in this age of TCF
 
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