Legal advice

Discussion in 'Screwfix' started by Dazron, Jul 3, 2014.

  1. Sean_ork

    Sean_ork Screwfix Select

    you keep saying that, but you don't say on what legal grounds you have based your opinion on, the verbal agreement isn't worth the paper it wasn't written on
  2. joinerjohn1

    joinerjohn1 Screwfix Select

    Sean, you keep telling him he's got no legal standing , You tell the OP it's a waste of time taking it to court as it will be rejected.. On what basis ??
  3. Sean_ork

    Sean_ork Screwfix Select

    read the thread, it's been said before

    fortunately the OP has also concluded it's a waste of time, and money - it's easy to waste time and money when it isn't yours
  4. joinerjohn1

    joinerjohn1 Screwfix Select

    I can't be a***d to read through the thread again,,, Remind me, on what legal basis, the OP has no standing ?
  5. Sean_ork

    Sean_ork Screwfix Select

    I'll give you a clue, it's a constituent element of what our legal system is based on
  6. Phil the Paver

    Phil the Paver Screwfix Select

    Neighbour damages your property, refuses to repair it, sue them, Simples.

    There is absolutely no need for any contract, written or otherwise in this case, this is all about damage caused by the building of the extension, the damaged should be repair, if it isn't, sue their **** off.
  7. joinerjohn1

    joinerjohn1 Screwfix Select

    So you still haven't answered the question? Your saying that verbal agreements have no legal standing whatsoever? (when that simply isn't the case,,,, proven by case law)
  8. Sean_ork

    Sean_ork Screwfix Select

    it's not that simple as clearly some form of agreement, but just a verbal one, was in place, if it wasn't then access would not have been allowed and the wall would never have been built - if someone damages your property without your permission then you may well be able to sue for criminal damage (and the plod might be interested) - but this ''damage'' was carried out with an undocumented agreement

    however there is nothing to document, nothing what so ever, not even a shred of paper, that details exactly how the reinstatement should be carried out, nor is there anything to document that there would be any reinstatement carried out at all

    the counter argument could be that the builder and two neighbours agreed to take up the entire patio (and will be back shortly to complete the works)
  9. Sean_ork

    Sean_ork Screwfix Select

    nope, that's not what I am saying at all
  10. teabreak

    teabreak Screwfix Select

    If appealing to their better nature does not work!
    Keep smiling and remember.
    "Revenge is a dish best served cold":D
  11. Sean, you may well be right - but I don't think you are in this case.

    This isn't the crown court - it's a local small claims thingy.

    An example on the other foot - say a kitchen fitter had priced and provided a quotation for a fitted kitchen, but while they were there the customer asked them to do other work - such as fitting new flooring, building a cupboard around the boiler, etc - and they agreed this verbally just to get going. At the end of the job the customer either claims the extras were part of the whole work, or even that someone else did that work - so get lost.

    Do you really think the fitter would fail to make a successful claim in court? I don't - the judge would have very little difficulty in working out who was telling the truth - there would be enough 'circumstantial' evidence, and a few searching questions would sort out the truth.

    And so it would be in this case; do you really think the nasty neighbour would be able to look the judge in the eye - after being reminded of the consequences for perjury - and really claim that the claimant was 'happy' to allow his patio to be damaged by his builders - especially after being so good as to allow unfettered access - and that he was happy to accept a mismatched repair?! It would be obvious who caused the damage. It would be obvious the claimant wasn't happy with the fix. And there would have been a trail of paperwork prior to that which would have made the situation even more clear.

    I don't. I think the judge would work out very quickly who is liable here - and make them sort it out.

    The case would only come to court after communications between the two - and I bet that in itself will have made it very clear what the situation really is.
  12. Sean_ork

    Sean_ork Screwfix Select

    DA, your example is completely irrelevant as there is some documentation (the initial quote) - so it's an easy task to compare what was priced for and what was eventually fitted

    a verbal contract can be legally binding - but there has to be some documentation, even a few words on a Cig packet, or on some used bog roll - anything can be used to support a verbal agreement

    but in this case there appears to be nothing, absolutely nothing - so it's one mans word against another's
  13. Sean_ork

    Sean_ork Screwfix Select

    where have you magicked this paperwork from ?

    there's no point trying to set out the terms of reinstatement after the event, I'm fairly sure it would have been very clear prior to the start of the project that a section of fence would have to be removed and replaced by a wall - there's a saying about a barn door that is rather apt

  14. I still disagree. One person shows the judge pictures of his damaged, poorly-repaired patio next to his neighb's recently built extension, and the neighbouring owner of this extension says "you told me your were happy with this", or "We didn't cause that damage", or "Whatever..."

    A few searching Qs by the presiding officer would soon elicit the 'truth', or at least what is 'reasonable' in this case. "So, your neighbour allowed you unrestricted access to his garden for many weeks at huge inconvenience to himself and his family to assist you in the build of your new extension, resulting in damage to his patio - and it is obvious that the patio was affected by the digging of the foundations - and you claim he is happy with the mismatched repair?"

    What more evidence is required? That the extension didn't cause the damage? That the claimant is 'happy'? Clearly it's 'Non' in both cases.
    Last edited by a moderator: Jul 5, 2014
  15. The paperwork is the trail set in process prior to the small claims case being brought. You don't just go straight to small claims.

    The letters will state the claimant's grievance, and the reply from the neighb will either deny any knowledge of the damage (easily disproved) or else try and claim that the claimant was previously happy (well it's clear the claimant is not happy - and most impartial observers of the 'repair' would agree he shouldn't be.)

    That's the kind of paper trail I mean.
  16. Sean_ork

    Sean_ork Screwfix Select

    that might happen in Judge Judys ''court'' but not in a real one staffed by grown ups

    I'll repeat again - the counter argument could be that the builder and two neighbours agreed to take up the entire patio (and will be back shortly to complete the works)
  17. Sean_ork

    Sean_ork Screwfix Select

    but that's again just one mans word against another - with nothing documented, prior to the works, to support either case
  18. So, the judge asks - and puts in writing - when they will redo the patio as they are seemingly promising...
  19. Sean_ork

    Sean_ork Screwfix Select

    this is some fictional fantasy court that is based on the ideals of what would all would like to think would happen if we were in the same position

    the reality is that such a non case would never get past the front door of a real court
  20. Yes. But easily sorted, as I say, by a few pertinent Qs.

    To the neighb: "Did the digging of your founds necessitate the removal of that row of patio slabs? Did your builder damage and/or lose some slabs during the build? Did your builder replace these slabs with the mismatching slabs seen in these photos?"

    What do you think the neighb would reply to these Qs?

    And all of this would have been shown to be the case with the aforementioned paper trail where these Qs will have been asked by the claimant's solicitor.

    Or, something else that could be done is 'mediation' - a bit like the above, but without a judge. I've been through this with a neighb of mine before, and it works. To be able to clearly state your case to your neighb (without him getting cross and waving his arms around as he would do previously...) in front of an impartial witness really does make people act 'reasonably'.

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